Hilton Honors American Express Aspire Card Agreement

American Express · Official agreement

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117 of 117 cards

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.

Details
Who
American Express National Bank (issuer)
When
As of 06/30/2026

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.

Charges & Financial Obligations · Company practice

Purchase APR is a variable rate over the Prime Rate

The APR for purchases is the Prime Rate plus a margin that ranges from 12.74% to 21.74%. The table labels it a variable APR and points to the Explanation of Variable Rates, which says that rate changes follow changes in the Prime Rate.

Details
What it covers
Purchase APR: Prime Rate + 12.74% to Prime Rate + 21.74%
Condition
variable rate tied to the Prime Rate

Supporting quotations

Annual Percentage Rate (APR) for Purchases | Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.
Explanation of Variable Rates:

Qualifications & exceptions

  • The rate is stated as a range, not a single margin.
  • It is variable: it moves when the Prime Rate changes, as explained in How Rates and Fees Work.

Not stated here

  • This table row does not say what decides where in the 12.74% to 21.74% range a particular account falls.
  • The current Prime Rate value, and so the resulting percentage, is not given in the agreement.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Cash advance APR is Prime Rate plus 21.99%

The APR for cash advances is the Prime Rate plus 21.99%, described as a variable APR. Interest on cash advances starts on the transaction date, so a cash advance does not get the interest-free window that the agreement describes for purchases.

Details
What it covers
Cash advance APR: Prime Rate + 21.99%
When
interest begins on the transaction date

Supporting quotations

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR.
We will begin charging interest on cash advances on the transaction date.

Qualifications & exceptions

  • Variable rate; follows the Prime Rate as explained under How Rates and Fees Work.
  • What counts as a cash advance is defined in Part 2 and includes cash equivalents, digital currency and betting transactions (see the cash advance fee card).

Not stated here

  • The current Prime Rate value, and so the resulting percentage, is not given in the agreement.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

When American Express may apply the Penalty APR

American Express says it has the right to apply the Penalty APR (Prime Rate plus 26.74%, variable) 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. In the returned-payment case it says it will notify you if it does apply it. The Penalty APR applies to new Transactions, not to existing balances.

Details
Who
American Express
What it does
may apply the Penalty APR to new Transactions
Condition
Minimum Payment Due not paid by the Payment Due Date, or payment returned by your bank
What it covers
Penalty APR: Prime Rate + 26.74%

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR.
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; or • your payment is returned by your bank and we will notify you if we do.
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.

Qualifications & exceptions

  • It is a right the company holds ("We have the right to apply"), not an automatic result in the wording.
  • "To pay by a certain date" means the payment must be received and credited to your Account by that date, per the Part 2 definitions.

Not stated here

  • The passage limits the Penalty APR to "new Transactions" and does not say more about balances that existed before the triggering event.
Also annotated in the same passage (10)
2 more

Charges & Financial Obligations · Company practice

How long the Penalty APR lasts and how it can end

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

Details
When
at least 6 months; reviewed every 6 months
Condition
ends only after timely payments and no returned payments in the 6 months reviewed

Supporting quotations

If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Qualifications & exceptions

  • Six months is a minimum, not a fixed length: it continues until the review period shows timely payments and no returned payments.

Not stated here

  • The passage does not define "timely" beyond the Payment Due Date rule in the trigger, nor say what happens to a review period that includes a late payment.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company commitment

Variable APRs follow the Prime Rate and are capped at 29.99%

If the Prime Rate increases, variable APRs 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 first day of the billing period during which the Prime Rate changed. Variable APRs will not exceed 29.99%.

Details
Condition
Prime Rate changes
When
effective first day of the billing period in which the Prime Rate changed
What it covers
Variable APR ceiling 29.99%

Supporting quotations

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%.

Qualifications & exceptions

  • The rate table describes each APR it lists as a variable APR, so the 29.99% ceiling is stated for variable APRs generally.
  • The text says may pay more interest and may have a higher Minimum Payment Due, which is a possibility, not a certainty.

Not stated here

  • This passage mentions DPRs (daily periodic rates) but lists no DPR values.
Also annotated in the same passage (2)

Charges & Financial Obligations · Context

What "Prime Rate" means

The Prime Rate is 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. If the Journal stops publishing a Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation.

Details
What it covers
Prime Rate: highest U.S. Prime Rate in The Wall Street Journal
When
on the Closing Date of the billing period
Condition
fallback if not published that day or the Journal stops

Supporting quotations

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 is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.
The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

  • The substitute newspaper is something American Express "may" use, not a fixed choice.
  • The Closing Date is the last day of the billing period on the billing statement (Part 2 definitions).

Not stated here

  • The agreement does not name which other newspaper would be used.
Also annotated in the same passage (9)
1 more

Charges & Financial Obligations · User right or choice

No interest on purchases if the whole balance is paid by the due date

The Due Date is at least 25 days after each billing period closes. American Express will not charge interest on purchases if you pay your entire balance each month by the due date. If you have a Plan It plan outstanding, the test uses your balance adjusted for plans, and paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date lets you enter an Interest Free Period.

Details
Condition
pay entire balance (or balance adjusted for plans) by the due date
What it covers
interest on purchases
When
Due Date at least 25 days after the billing period closes

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.
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.
When We Charge Interest (Grace Period)

Qualifications & exceptions

  • Applies to purchases only; cash advances accrue interest from the transaction date.
  • The condition is paying the entire balance (or the plan-adjusted balance) every month, not just the Minimum Payment Due.

Not stated here

  • This table row does not explain what happens to interest when a balance is only partly paid; that is covered under When We Charge Interest (Grace Period) and About interest charges.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Interest uses the average daily balance method

American Express calculates interest with the average daily balance method, including new purchases, and refers you to the How we calculate interest section in Part 2 for the detail.

Details
What it does
calculates interest by the average daily balance method (including new purchases)

Supporting quotations

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

Qualifications & exceptions

  • The Part 1 sentence is a pointer; the working method and example are in Part 2.

Not stated here

  • The calculation steps are not in this Part 1 sentence.

Charges & Financial Obligations · Company practice

Plan It plans carry a monthly plan fee instead of the purchase APR

A plan fee (a fixed finance charge) is a monthly fee of up to 1.33% of each purchase or amount moved into a plan. The fee depends on the plan duration, the APR that would otherwise apply, and other factors. It is charged each month the plan is active, and the dollar amount is disclosed before you set up a plan. When a plan is set up, the purchases or amount are subject to the plan fee instead of the APR for purchases.

Details
What it covers
Plan fee up to 1.33% per month
Condition
charged each month a plan is active
Exception
not available for cash equivalents, balance transfers, foreign-fee purchases or fees owed to American Express

Supporting quotations

Plan Fee (Fixed Finance Charge) | 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.
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.
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

  • "Up to 1.33%" is a ceiling; the actual amount depends on plan duration, the APR that would otherwise apply and other factors.
  • Plan It excludes cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, and fees owed to American Express such as Annual Fees.

Not stated here

  • The "other factors" that set the plan fee are not listed in these passages.
  • The minimum purchase or balance amount that qualifies for a plan is "a specified dollar amount" or "a specified portion" and is not stated here.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Annual fee of $550, none for additional cards

The Annual Fee is $550. The Annual Fee for Additional Cards is none. Fees are added to the purchase balance unless American Express says otherwise.

Details
What it covers
Annual Fee $550; additional cards none
What it does
adds fees to the purchase balance unless told otherwise

Supporting quotations

Annual Fee | $550
Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.
Annual Fee for Additional Cards: None.
We add fees to a purchase balance, unless we tell you otherwise.

Qualifications & exceptions

  • The additional-card figure is "None" in these passages.
  • The default is that fees are added to the purchase balance; the cash advance fee is an example of a fee the agreement says goes to the Cash Advance balance.

Not stated here

  • These passages do not say when in the year the Annual Fee is billed.

Charges & Financial Obligations · Company practice

Cash advance fee: 5% with a $10 minimum

A cash advance carries a fee of 5% of the cash advance transaction, or $10, whichever is greater. The 5% is calculated on the transaction including any fees charged by the ATM operator, and the fee is added to the Cash Advance balance. A cash advance is defined broadly to include cash equivalents such as travelers cheques, foreign currency, money orders, digital currency, casino gaming chips and race track wagers and other offline and online betting transactions.

Details
What it covers
Cash advance fee: greater of $10 or 5%
Condition
includes ATM operator fees in the base
What it covers
cash advance defined to include cash equivalents and betting transactions

Supporting quotations

Either $10 or 5% of the amount of each cash advance, whichever is greater.
Cash Advance: 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.
A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Qualifications & exceptions

  • The base for the 5% includes ATM operator fees, if any.
  • The definition of cash advance sits in Part 2, so many transactions that are not literally cash can carry this fee and the cash advance APR.

Not stated here

  • Which specific merchant or payment types are treated as betting or cash-equivalent transactions is not listed beyond the definition.
Also annotated in the same passage (10)
2 more

Charges & Financial Obligations · Company practice

No foreign transaction fee

The Foreign Transaction fee is listed as None in both the table and the fee explanations.

Details
What it covers
Foreign transaction fee: None

Supporting quotations

Foreign Transaction
Foreign Transaction: None.

Qualifications & exceptions

  • Applies to the card as described in these passages.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Late payment fee: $29, then $40, never above the prior minimum payment

If American Express does not receive the Minimum Payment Due by its Payment Due Date, the late fee is $29. If this happens again within the next 6 billing periods, the fee is $40. The table summarizes this as "Up to $40". The late fee on a statement will not exceed the Minimum Payment Due on your prior billing statement.

Details
What it covers
Late payment fee $29, then $40, capped at prior Minimum Payment Due
When
repeat within the next 6 billing periods

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None
Late Payment: 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.

Qualifications & exceptions

  • The $40 amount applies to a repeat within the next 6 billing periods; a first late payment is $29.
  • The cap is the prior statement's Minimum Payment Due.

Charges & Financial Obligations · Company practice

Returned payment fee: $29, then $40, never above the minimum payment

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

Details
What it covers
Returned payment fee $29, then $40
When
repeat in same or next 6 billing periods

Supporting quotations

Returned Payment: Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40. However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

  • The repeat window covers the same billing period and the next 6 billing periods.

Charges & Financial Obligations · Company practice

Returned check fee of $38 plus the unpaid amount

If you use your card to cash a check at one of the approved locations and the check is returned unpaid, American Express charges $38 and also charges you the unpaid amount.

Details
What it covers
Returned check fee $38 plus the unpaid amount
Condition
card used to cash a check at an approved location; check returned unpaid

Supporting quotations

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

Qualifications & exceptions

  • Applies when the card is used to cash a check at an approved location.

Not stated here

  • Which locations are approved is not listed in these passages.

Charges & Financial Obligations · Company practice

No overlimit fee

The overlimit fee is none. The explanation points to Credit Limit and Cash Advance Limit in Part 1 for the limits themselves.

Details
What it covers
Overlimit fee: None

Supporting quotations

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

Qualifications & exceptions

  • A no-fee statement is not a statement that spending above a limit is always permitted; the limits are in the referenced section.

Charges & Financial Obligations · Company practice

$25 to re-open a cancelled account

If your Account is cancelled, you ask American Express to re-open it, and it does so, the fee is $25.

Details
What it covers
Account re-opening fee $25
Condition
Account cancelled, you ask to re-open, and we do so

Supporting quotations

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

Qualifications & exceptions

  • All three conditions apply: cancelled, you ask, and the company agrees to re-open.

Account & Service Control · Permission or license

American Express sets the Credit Limit and may raise or cut it at any time

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 how much you can withdraw from ATMs in a given period. Both 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 the Account is not in default.

Details
Who
American Express
What it does
may increase or reduce the Credit Limit and Cash Advance Limit
Condition
even if you pay on time and are not in default
What it covers
Credit Limit, Cash Advance Limit, ATM withdrawal 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.

Qualifications & exceptions

  • The right to change limits is stated without a condition: the text says it applies even when you pay on time and are not in default.

Not stated here

  • The amount of the ATM withdrawal limit, and the period it covers, is not stated in this passage ("a limit" and "a given period").
  • Whether American Express must give notice before changing a limit is not stated in these passages.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

You agree to keep your balance within your limits

You agree to manage the Account so that your Account balance, including fees and interest, is not more than your Credit Limit. You also agree to keep your cash advance balance, including fees and interest, within the Cash Advance Limit. Plan balances count too: you agree that the total of your plan balances, including plan fees, is not more than your Credit Limit.

Details
Who
you
What it does
manage the Account within the limits
What it covers
Account balance, cash advance balance and plan balances (including fees and interest)

Supporting quotations

You agree to manage your Account so that:
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
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

  • Fees and interest count toward the balance for these limits.
  • American Express may nonetheless approve charges that go over the Credit Limit (see the overlimit card).

Not stated here

  • The passage does not say what consequences follow if the balance does exceed a limit, other than the request to pay the excess described in the overlimit card.
Also annotated in the same passage (3)

Charges & Financial Obligations · Restriction or exception

Charges over the limit may be approved with no fee, but you may be asked to pay the excess

American Express may approve charges that put your Account balance over the Credit Limit. If it does, it will not charge an overlimit fee. If American Express asks you to promptly pay the amount of your Account balance above the Credit Limit, you agree to do so.

Details
What it does
may approve charges over the Credit Limit without an overlimit fee
Condition
if asked, you agree to promptly pay the amount above the Credit Limit

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.

Qualifications & exceptions

  • Approval is discretionary ("may approve").
  • No overlimit fee is stated for this case, but the Minimum Payment Due calculation still refers to any overlimit amount (see the minimum payment card).

Not stated here

  • The passage does not say how long "promptly" is.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are capped at $2,000 in any 30 days

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage the Account so that the total stays within that Person-to-Person Limit. American Express may decline a person-to-person transaction that would take the Account over this limit or over the Credit Limit. A person-to-person transaction means a charge for funds sent to another person or a charge to add funds to an Amex Send Account.

Details
What it covers
person-to-person transactions
Condition
$2,000 within any 30-day period
What it does
may not approve a transaction exceeding the limit or the 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.
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

  • The limit runs over any rolling 30-day period, not a calendar month.
  • The approval test is "may not approve", which is discretion, not a stated rule that every such transaction is refused.
Also annotated in the same passage (10)
2 more

Charges & Financial Obligations · Procedure

How the Minimum Payment Due is worked out

For each billing statement American Express starts with the highest of three amounts: interest charged on the statement plus 1% of the New Balance; 2% of the New Balance; or $40. The 1% and 2% bases exclude penalty fees, overlimit amounts and plan balances, and the 1% base also excludes interest. It then adds any penalty fees 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, up to your New Balance, at any time.

Details
What it covers
Minimum Payment Due
What it does
starts with the highest of three amounts, then adds listed items
Exception
never more than the New Balance

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 three starting amounts are alternatives; the highest one is used.
  • The add-ons (penalty fees, overlimit amount share, plan payment, past due amount) can make the minimum higher than the highest starting amount.

Not stated here

  • The passage does not define "New Balance" or "amount past due" beyond how they are used here.

Charges & Financial Obligations · Context

Worked example: New Balance of $2,900 gives a $58.27 minimum

The agreement's 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 three starting amounts are $58.27 (interest plus 1% of the balance after interest), $58 (2% of $2,900) and $40, so the highest, $58.27, is the Minimum Payment Due. The text adds that active plans, an overlimit amount, penalty fees or past-due amounts would make the minimum higher.

Details
Condition
New Balance $2,900; interest $29.57; no add-ons
What it covers
Minimum Payment Due $58.27 in the example

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 numbers are an illustration under stated assumptions, not a figure for any particular account.

Charges & Financial Obligations · User right or choice

Purchases are interest-free while you are in an Interest Free Period

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. If you have 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. When the 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 still appear on your next statement, reflecting interest from the beginning of that billing cycle through the date your payment was received.

Details
Condition
pay New Balance (or Balance Adjusted for Plans) by the Payment Due Date, or no previous balance
What it covers
interest on purchases
When
interest from the date of the transaction when not in an Interest Free Period

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

Qualifications & exceptions

  • Applies to purchases; balance transfers and cash advances are treated separately.
  • Paying only the Minimum Payment Due does not meet the test in these passages; the test is the New Balance (or, with an active plan, the Balance Adjusted for Plans).

Not stated here

  • The Part 1 table describes the test as paying "your entire balance" while this section says "New Balance as shown on your statement"; the agreement does not say whether these differ.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Balance transfers and cash advances never get an Interest Free Period

Balance transfers and cash advances are charged interest from the date of the transaction and do not have an Interest Free Period.

Details
What it covers
balance transfers and cash advances
When
interest from the date of the transaction

Supporting quotations

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

Qualifications & exceptions

  • Paying the New Balance does not stop interest from running on these two types of charge from their transaction date.

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.

Details
What it covers
Card Member Agreement: Parts 1-3, supplements and amendments
What it does
you can request a copy through your online account or by phone

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.
Also annotated in the same passage (1)

Account & Service Control · Company commitment

3 Hilton Honors Bonus Points per dollar of eligible purchases

You receive 3 Hilton Honors Bonus Points for each dollar of eligible purchases on the Hilton Honors American Express Aspire Card. Eligible purchases are purchases for goods and services minus returns and other credits.

Details
Who
American Express
What it covers
3 Points per dollar of eligible purchases

Supporting quotations

You receive 3 Hilton Honors Bonus Points (Points) for each dollar of eligible purchases on your Hilton Honors American Express Aspire Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits.

Qualifications & exceptions

  • Returns and other credits reduce the eligible amount.
  • Exclusions apply (see the excluded purchases card), and Points can be forfeited for a missed Minimum Payment Due (see the forfeiture card in the rewards packet).

Account & Service Control · Restriction or exception

Fees, cash advances, cash equivalents and person-to-person charges earn no Points

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. A person-to-person transaction is treated as a purchase elsewhere in the agreement (for interest), but it is expressly excluded from earning Points here.

Details
Exception
fees, interest, cash advances, traveler checks, prepaid cards, cash equivalents, person-to-person
What it covers
Points-eligible purchases

Supporting quotations

Eligible purchases do NOT include: fees or interest charges, cash advances, purchases of traveler
purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions.
A purchase is a charge for goods, services, or person-to-person transactions.

Qualifications & exceptions

  • Gift cards are named as a cash equivalent here.
  • The exclusion list carries over to additional Points.
Also annotated in the same passage (9)
1 more

Account & Service Control · Company commitment

11 additional Points per dollar charged directly with a Hilton property

You receive 11 additional Points, for a total of 14, for each dollar of eligible purchases on the Card Account charged directly with a property within the Hilton portfolio.

Details
What it covers
11 additional Points (14 total) per dollar
Condition
eligible purchase charged directly with a Hilton portfolio property

Supporting quotations

You receive 11 additional Points (a total of 14) for each dollar of eligible purchases on your Card Account charged directly with a property within the Hilton portfolio.

Qualifications & exceptions

  • The purchase must be charged directly with a Hilton portfolio property and must be an eligible purchase.

Not stated here

  • Which properties are in the "Hilton portfolio" is not listed in this passage.
Also annotated in the same passage (1)

Account & Service Control · Company commitment

4 additional Points (7 total) at U.S. restaurants, on airfare and at select car rental companies

You receive 4 additional Points, for a total of 7, for each dollar of eligible purchases at restaurants located in the U.S., for airfare on a scheduled flight charged directly with passenger airlines, and for purchases directly from select major car rental companies listed at americanexpress.com/rewards-info. Charter flights and private jet flights are excluded from the airfare category. The Hilton-property tier (14 Points in total) is a separate tier described earlier.

Details
What it covers
4 additional Points (7 total) per dollar
Condition
U.S. restaurants; scheduled airfare charged directly with passenger airlines; select car rental companies
Exception
charter flights and private jet flights excluded

Supporting quotations

You receive 4 additional Points (a total of 7) for each dollar of eligible purchases on your Card Account: at restaurants located in the U.S., for airfare on a scheduled flight charged directly with passenger airlines (charter flights and private jet flights are excluded), and purchases directly from select major car rental companies listed at americanexpress.com/rewards-info.
You receive 11 additional Points (a total of 14) for each dollar of eligible purchases on your Card Account charged directly with a property within the Hilton portfolio.

Qualifications & exceptions

  • Airfare counts only when charged directly with passenger airlines and only for scheduled flights.
  • Car rental counts only for purchases made directly with the select companies on the linked list.
  • The 7-Point and 14-Point totals are stated per category; this passage does not say they add together.

Not stated here

  • The list of select major car rental companies is on americanexpress.com/rewards-info and is not supplied in this document.
Also annotated in the same passage (2)

Account & Service Control · Restriction or exception

Additional Points depend on merchant codes, and some payment routes may not earn them

Merchants are assigned codes based on what they primarily sell, and American Express groups certain codes into categories eligible for additional Points. A purchase with a merchant will not receive additional Points if the merchant's code is not in a reward category. You may not receive additional Points if American Express receives inaccurate information or cannot identify the purchase as eligible. The examples given are a merchant using a third party to sell its products or services, a merchant using a third party to process or submit the transaction (for example mobile or wireless card readers), or paying with a third-party payment account or a mobile or digital wallet.

Details
Condition
merchant code must be in a reward category
Exception
inaccurate information, unidentifiable purchase, third-party sellers or processors, third-party payment accounts, digital wallets

Supporting quotations

Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional Points.
is not included in a reward category.
You may not receive additional Points if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.
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.

Qualifications & exceptions

  • The text says "may not receive", so these examples are possible, not certain, outcomes.
  • The examples are introduced with "For example", so the list is not stated to be complete.

Not stated here

  • Which merchant codes fall inside each reward category is not listed here.
Also annotated in the same passage (1)

Account & Service Control · Procedure

Questions about additional Points go to the number on the Card

For questions about additional Points on a purchase, call the number on the back of your Card. The agreement also points to americanexpress.com/rewards-info for more information about rewards.

Details
What it does
call the number on the back of the Card, or visit the rewards page

Supporting quotations

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

Not stated here

  • The content of the linked rewards page is not part of this document.

Account & Service Control · Company practice

Promotional bonus Points may follow different terms

American Express may from time to time make promotional offers of bonus Points. Those offers carry their own terms about how you can earn the bonus Points and when you can use them, and those terms may differ from the terms above for Points on eligible purchases, including about when Points can be used.

Details
Who
American Express
What it does
may make promotional offers of bonus Points with separate terms

Supporting quotations

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

Qualifications & exceptions

  • The offer terms may differ from the standard terms; the agreement does not say how.

Not stated here

  • The terms of any particular promotional offer are not in this document.

Account & Service Control · User right or choice

View your Points balance in your online account

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

Details
What it does
view Points balance in the online account summary page

Supporting quotations

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

Account & Service Control · Company practice

Points are sent to your Hilton Honors account after each billing period, up to 12 weeks later

American Express transfers the Points you receive to your Hilton Honors program account after the end of the billing period in which you received them. Points from the Card are posted to the Hilton Honors account up to 12 weeks after the end of your billing cycle. Your Card Account must not be cancelled or delinquent at the time of fulfillment. Hilton Honors Points are subject to the Hilton Honors Terms and Conditions.

Details
Who
American Express
When
after the billing period ends; posted up to 12 weeks after the billing cycle
Condition
account not cancelled or delinquent at fulfillment

Supporting quotations

We transfer the Points you receive to your Hilton Honors program account after the end of the billing period in which you received them.
Hilton Honors Points received from your Card will be posted to your Hilton Honors account up to 12 weeks after the end of your billing cycle. Your account must not be cancelled or delinquent at the time of fulfillment. Your Hilton Honors Points are subject to Hilton Honors Terms and Conditions, see HiltonHonors.com/terms.

Qualifications & exceptions

  • The condition that the account is not cancelled or delinquent is tested at fulfillment, not when the Points were earned.
  • The Hilton Honors Terms and Conditions at HiltonHonors.com/terms are referenced but are not supplied in this document.

Not stated here

  • The content of the Hilton Honors Terms and Conditions is not part of this document.
  • "Delinquent" is not defined in these passages.

Account & Service Control · Restriction or exception

Missing the minimum payment forfeits that period's Points; they can be reinstated 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 Points you earned for eligible purchases during that billing period. The agreement's example: with a billing period closing January 15 and the minimum due February 10, missing the February 10 due date means no Points for purchases in that period. You may reinstate those Points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Details
Condition
Minimum Payment Due not paid by the Payment Due Date
What it does
forfeit Points earned that billing period
When
reinstate within the next 12 billing periods
Condition
Card Account not past due and $35 fee paid

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 Points 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 Points for purchases in the billing period ending February 15.
You may reinstate those Points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Qualifications & exceptions

  • Reinstatement has three conditions: within the next 12 billing periods, Card Account not past due, and payment of a $35 fee.

Not stated here

  • The example's last sentence refers to purchases in "the billing period ending February 15" while the setup says the period closes January 15; the agreement does not explain the different dates.

Account & Service Control · Restriction or exception

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

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

Details
Condition
purchase intended for personal, family or household use

Supporting quotations

Other things you should know about this program: You will receive Points only for eligible purchases intended for personal, family or household use.

Qualifications & exceptions

  • The test is the intended use of the purchase.

Not stated here

  • How American Express decides a purchase's intended use is not described.

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique, active Hilton Honors account

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

Details
Who
Basic Card Member
What it does
American Express may cancel the Card Account
Condition
no active Hilton Honors loyalty account

Supporting quotations

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

Qualifications & exceptions

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

Not stated here

  • What makes a Hilton Honors account "active" is not defined here and depends on Hilton's own terms, which are not supplied.

Account & Service Control · Permission or license

American Express may change the program, and abuse can forfeit Points

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

Details
Who
American Express
What it does
may change program terms at its discretion; Points may be forfeited for violation or abuse

Supporting quotations

We may change the terms of this program at our discretion. If you violate or abuse this program, you may forfeit some or all of your Points.

Qualifications & exceptions

  • The change right is stated as discretionary with no notice period in this passage.

Not stated here

  • "Violate or abuse" is not defined in these passages.
  • Notice of program changes is not described here.

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.

Details
Who
American Express
Exception
not responsible for Points after credit to Hilton, or for Hilton's actions

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.

Details
Who
you
Condition
use the Account, or sign or keep the Card
Exception
may cancel without fees if the Account has not been used or a payment has not been made after receiving a billing statement

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.
Also annotated in the same passage (1)

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.

Details
Who
American Express
What it does
may change the Agreement
Condition
subject to applicable law

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.
Also annotated in the same passage (9)
1 more

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.

Details
Who
issuer shown on page 1 of Part 1
Who
applicant, the Basic or Primary Card Member
What it covers
Card: any Card or device that accesses 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.
Also annotated in the same passage (9)
1 more

Charges & Financial Obligations · Context

What counts as a charge, purchase, cash advance, balance transfer or person-to-person transaction

A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest. 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 owed on another credit card account. A person-to-person transaction is a charge for funds sent to another person or to add funds to an Amex Send Account.

Details
What it covers
charge, purchase, cash advance, balance transfer, person-to-person transaction

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

  • Person-to-person transactions are counted as purchases in this definition.
  • The cash advance definition reaches several things that are not literally cash.
Also annotated in the same passage (9)
1 more

Charges & Financial Obligations · Context

What a plan, "pay by a date" and the Closing Date mean

A plan is a portion of the account balance 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 and credits it to the Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Details
Condition
payment must be received and credited by the date
When
Closing Date is the last day of the billing period

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

  • Sending a payment is not enough: it must be received and credited by the date.

Not stated here

  • Payment cut-off times and methods are covered, if at all, under About Payments.
Also annotated in the same passage (9)
1 more

Account & Service Control · Restriction or exception

Charges are allowed; plans, cash advances and balance transfers are at American Express's discretion

You may use the Card to make charges. At its discretion American Express may permit you to create plans, make cash advances or make 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.

Details
What it does
may permit plans, cash advances or balance transfers at its discretion
Exception
no balance transfers from accounts issued by American Express or affiliates
Condition
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 at American Express's discretion, not as a right.
  • The personal, family or household purposes limit is a use restriction that applies to the Card.

Not stated here

  • What happens if the Card is used for another purpose is not stated in this passage.

Sharing & Disclosure · Permission or license

Merchants you let store your Card number may be told about updates

You may arrange for merchants and third parties to store your Card number and expiration date, for example so a merchant can charge the Account at regular intervals. 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 the Account is cancelled. If you do not want American Express to share updated Account information, you should contact it using the number on the back of the Card.

Details
Who
American Express
What it does
may tell merchants and third parties about changes to Card number, expiry or Account status
Why
so stored-card charges can continue (as the passage's example)

Supporting quotations

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

Qualifications & exceptions

  • Sharing is permitted ("may"), not required.
  • The opt-out is by contacting American Express; no other form is described.

Not stated here

  • Exactly which merchants or third parties receive updates is not stated.
  • The passage does not say what updated information beyond number, expiration date and Account status may be shared.

Security & Safeguards · Restriction or exception

Keep the Card safe, report loss or misuse, and do not use it for illegal activities

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

Details
Who
you
What it does
keep the Card safe, report loss or misuse right away, no illegal use

Supporting quotations

Keep your Card safe and don't let anyone else use it. If your Card is lost or stolen or your Account is being used without your permission, contact us right away. You may not use your Account for illegal activities.

Not stated here

  • This passage does not state your liability for unauthorized use.

Account & Service Control · Permission or license

American Express may decline a charge even within your limit

American Express may decline to authorize a charge for various reasons, including if it suspects fraud or based on 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 says it is not responsible for losses if it does not authorize a charge or if a merchant refuses the Card.

Details
Who
American Express
What it does
may decline to authorize a charge
Exception
not responsible for losses from declined authorizations or merchant refusals

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

  • The reasons are introduced with "including", so the list is not stated to be complete.

Charges & Financial Obligations · Company practice

Plan It: pay selected purchases over time for a monthly plan fee

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. The fee is a fixed finance charge charged each month a plan is active. You select the qualifying purchases or amount and a plan duration and can view the monthly plan payments, including the fee, before creating the plan. When a plan is set up, the purchases or amount move into a plan balance and are subject to a plan fee instead of the purchase APR. A qualifying purchase is one of at least a specified dollar amount; a qualifying amount is a specified portion of your balance. Cash and cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees and fees owed to American Express such as Annual Fees do not qualify.

Details
What it does
may offer Plan It for qualifying purchases or amounts
What it covers
plan fee instead of the purchase APR
Exception
cash equivalents, balance transfers, foreign-fee purchases and fees owed to American Express do not qualify

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 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.
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.
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

  • Plan It is offered at American Express's option ("We may offer you Plan It").
  • The plan fee is disclosed before the plan is created and depends on duration, the APR that would otherwise apply, and other factors.

Not stated here

  • The specified minimum purchase amount and the specified portion of balance that qualify are not stated.
  • The "other factors" behind the plan fee are not listed.
Also annotated in the same passage (2)

Account & Service Control · Restriction or exception

Whether you can create a plan is up to American Express

Your ability to create plans depends on factors such as your creditworthiness and Credit Limit. You cannot create plans if the Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express tells you how many active plans you may have and may change that number at any time. The plan durations offered, and your ability to put multiple qualifying purchases or a qualifying amount in one plan, are at its discretion based on factors such as creditworthiness, purchase amounts and Account history. You agree that your total plan balances, including plan fees, will not be more than your Credit Limit.

Details
Exception
no new plans if the Account is cancelled or any American Express account is in a payment program, has a returned payment, or is past due
What it does
may change the number of active plans at any time

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.
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 blocking conditions cover any of your American Express accounts, not just this Card.
  • The number of active plans can change at any time.

Not stated here

  • What the "payment program" is, is not defined here.
Also annotated in the same passage (3)

Charges & Financial Obligations · User right or choice

A plan cannot be cancelled, but you can pay it off early

Plans cannot be cancelled after they have been created. You can choose to pay a plan 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 future plan fees on that plan. While a plan is active, you also agree that the total of your plan balances, including plan fees, will not be more than your Credit Limit.

Details
What it does
pay the New Balance on the most recent statement in full to end a plan early
Exception
a created plan cannot be cancelled

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.
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

  • Early payoff is done by paying the New Balance on the most recent statement in full, not by cancelling the plan.
  • Plan fees already charged are not mentioned in this passage; it speaks only of future plan fees.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

You promise to pay all charges, including those others make with your Account

You promise to pay all charges added to the 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.

Details
Who
you
What it does
promise to pay all charges added to the Account
Condition
includes charges made or permitted by you or Additional Card Members, without Card presented or signature

Supporting quotations

Promise to pay: 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.

Qualifications & exceptions

  • The promise covers charges made by Additional Card Members and by others you permit.
  • It applies even where the Card is not presented or no signature is given.

Not stated here

  • This passage does not address charges made without your permission; Card loss or misuse is dealt with in the use-of-the-Card passages.
Also annotated in the same passage (1)

Charges & Financial Obligations · User right or choice

Pay at least the Minimum Payment Due on or before the Payment Due Date

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. To pay by a date means that American Express must receive the payment and credit it to the Account by that date.

Details
Who
you
What it does
pay at least the Minimum Payment Due
When
on or before the Payment Due Date, in the time and manner shown on the statement

Supporting quotations

When you must pay: 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.
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.

Qualifications & exceptions

  • The time and manner come from each billing statement.
  • Late payment fees, the Penalty APR and Points forfeiture are consequences described elsewhere in the agreement.

Not stated here

  • The statement-specific payment cut-off time is not stated in the agreement text.
Also annotated in the same passage (10)
2 more

Charges & Financial Obligations · Procedure

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

Make payments to American Express 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 (a money order is the example), or an electronic payment that can be cleared through the U.S. banking system.

Details
What it covers
payments in U.S. dollars
What it does
single check, single negotiable instrument, or electronic payment

Supporting quotations

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

Qualifications & exceptions

  • The list is of the accepted payment forms; each check or instrument must be a single one.

Charges & Financial Obligations · Procedure

Paying by mail: one payment per Account, to the coupon address, with Account number and coupon

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

Details
What it does
separate payment per Account, mailed to the coupon address, with Account number and coupon

Supporting quotations

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

Qualifications & exceptions

  • These are the requirements a mailed payment must meet to be credited on the day it is received (see the crediting card).

Charges & Financial Obligations · Company commitment

A conforming payment is credited the day it is received, if on time

If your payment meets the requirements above, American Express credits it as of the day it receives it, as long as it receives it by the time and in the manner disclosed in your billing statement. If it receives it after that time, it credits the payment on the day after it receives it.

Details
When
credited as of the day received if on time; the next day if received after the cut-off

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.

Qualifications & exceptions

  • Same-day credit depends on both meeting the payment requirements and meeting the statement's time and manner.

Not stated here

  • The statement's time cut-off is not stated in the agreement text.

Charges & Financial Obligations · Restriction or exception

Payments that miss the requirements may be credited late, causing fees and interest

If your payment does not meet the requirements, there may be a delay in crediting your Account. That may result in late payment fees and additional interest charges, and the passage refers to How Rates and Fees Work in Part 1. American Express will not accept a payment made in a foreign currency or drawn on an account at a bank 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.

Details
Exception
no foreign-currency payments or payments drawn on non-U.S. banks
What it does
processing a late, partial or restricted payment does not change its rights
Condition
payment fails the stated requirements

Supporting quotations

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).
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.

Qualifications & exceptions

  • A delay in crediting is described as a possible result ("there may be").
  • Processing a late, partial or restrictively marked payment does not waive American Express's rights.

Not stated here

  • What counts as "restrictive language" is not defined in this passage.

Charges & Financial Obligations · Company practice

Payments go first to the Minimum Payment Due, then to the highest-rate balance

The Account may have balances at different interest rates (purchases may be lower than cash advances) and plan balances with plan fees. American Express says it 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, then to the balance with the lowest interest rate, then to balances with higher rates. Once the Minimum Payment Due has been paid, payments go to the balance with the highest interest rate, then to lower-rate balances, then to any plan balances.

Details
What it does
applies payments to plan amounts in the minimum, then lowest-rate balances, then higher-rate balances
When
after the Minimum Payment Due is paid: highest-rate balance first, then lower, then 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. If your Account has balances with different interest rates, Plan balances, or Plan fees, here is how we generally apply payments in a billing period:
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

  • The word "generally" qualifies the order.
  • The order differs for the portion up to the minimum and the portion above it.

Not stated here

  • The order among balances with the same interest rate is addressed in the credits passage ("any order we choose").

Charges & Financial Obligations · Company practice

Credits usually go to the balance of the related charge

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 a balance is negative at the end of a billing period, the excess credit is redistributed to other balances as described for payments, so in some circumstances plan balances may be 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 the Card to have the credit applied to the plan balance.

Details
What it does
apply credits to the related balance; any order within same-rate balances
Condition
you must call for a credit on a purchase placed in a plan to be 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

  • "In most cases" qualifies the same-balance rule.
  • A credit for a purchase placed in a plan is not applied to the plan balance unless you call.

Charges & Financial Obligations · Company practice

Interest is figured on each balance with the Average Daily Balance method

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 a category may also have different rates. It uses the Average Daily Balance method, including new transactions, for each balance, and the total interest for the billing period is the sum of the interest on each balance.

Details
What it does
calculates interest on each balance with the Average Daily Balance method (including new transactions)

Supporting quotations

How we calculate interest: 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

  • Each balance is calculated separately, then summed.

Charges & Financial Obligations · Procedure

Interest equals average daily balance times daily periodic rate times days

The interest charged on a balance in a billing period, apart from rounding, equals the Average Daily Balance multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. The ADB is found by adding up the balance's daily balances and dividing by the number of days in the billing period. A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The agreement says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the published agreement does not list any DPR values there: its Part 1 section gives APRs as the Prime Rate plus a margin and does not show the daily rates.

Details
What it covers
interest = ADB x DPR x days in the billing period
What it covers
DPR = 1/365th of an APR, rounded to one ten-thousandth of a percentage point

Supporting quotations

Interest: 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.
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.

Qualifications & exceptions

  • Rounding can cause small variations.
  • The DPR is derived from the APR, which for these rates moves with the Prime Rate.

Not stated here

  • The DPR values are not shown in the published agreement even though the text says they are in Part 1; they are not computed or imported here.
  • The agreement gives no Prime Rate value, so no DPR can be read from it.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

ADB and DPR are defined, but the DPR values the text points to are not published

The Average Daily Balance (ADB) for a balance is found by adding up its daily balances and dividing by the number of days in the billing period. A DPR (Daily Periodic Rate) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The text says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the published Part 1 section under that heading holds only the Explanation of Variable Rates, Determining the Prime Rate and Fees; it gives APRs as the Prime Rate plus a margin and lists no DPR values. The variable-rate explanation also refers to "corresponding DPRs" that rise with the APR.

Details
What it covers
ADB: sum of daily balances divided by days in the billing period
What it covers
DPR: 1/365th of an APR, rounded to one ten-thousandth of a percentage point
Condition
DPR values are referred to Part 1 but not listed there

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.
variable APRs (and corresponding DPRs) will increase
How Rates and Fees Work

Qualifications & exceptions

  • The DPR is defined as a fraction of the APR, and the APRs here move with the Prime Rate.

Not stated here

  • The DPR values that the text says are shown in Part 1 do not appear in the published agreement. They are not computed from the APR ranges here and are not taken from any other document.
Also annotated in the same passage (3)

Charges & Financial Obligations · Context

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

The agreement's 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.

Details
Condition
rate 15.99%, ADB $2,250, 30 days
What it covers
interest $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
number of days in the billing period.

Qualifications & exceptions

  • The 15.99% rate is the example's assumption and is not stated to be a rate for this card.
  • The example shows the formula in use, with rounding to 0.0438%.
Also annotated in the same passage (1)

Charges & Financial Obligations · Procedure

How each daily balance is figured

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. If the daily balance is negative, it is treated as zero.

Details
What it does
beginning balance + new charges - payments or credits +/- adjustments
When
new charges added as of the transaction date
Exception
a negative daily balance is treated as zero

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.

Qualifications & exceptions

  • New charges count from their transaction date.
  • "Appropriate adjustments" are not itemized.

Not stated here

  • What adjustments are "appropriate" is not listed.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Interest compounds daily

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

Details
What it does
adds each day's interest to the next day's beginning balance
What it covers
daily compounding of interest

Supporting quotations

Beginning balance: 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

  • Unpaid interest is added into the balance on which later interest is charged.
Also annotated in the same passage (1)

Charges & Financial Obligations · Permission or license

American Express may use equivalent methods and may skip interest on some charges

To figure the ADB and interest, 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.

Details
Who
American Express
What it does
may use equivalent methods; may choose not to charge interest on certain charges

Supporting quotations

Other methods: 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 must produce equivalent results.

Not stated here

  • Which types of charges might be exempted from interest is not stated.

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.

Details
Where
United States federal law (Military Lending Act)
What it covers
36 percent annual percentage rate limit for members of the Armed Forces and dependents
What it does
call 855-531-0379 to hear the statement and a description of payment obligations

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.
Also annotated in the same passage (1)

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.

Details
Condition
covered borrower under the Military Lending Act
Exception
Arbitration provision does not apply unless the borrower elects arbitration

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.
Also annotated in the same passage (1)

Sharing & Disclosure · Company practice

Additional Cards are issued on request; their use may be reported to credit bureaus

American Express may issue additional Cards on your Account at your request. Additional Card Members can use the Account subject to the Agreement, and American Express may report their use of the Account to credit reporting agencies. If an Annual Fee applies to Additional Cards, it is shown on page 2 of Part 1.

Details
Who
American Express
What it does
may issue additional Cards; may report their use to credit reporting agencies

Supporting quotations

Additional Card Members: 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

  • Issuing is "may", at your request.
  • The Annual Fee for Additional Cards is set out in Part 1, where the fee explanation lists it as "None".

Account & Service Control · Restriction or exception

You are responsible for everything done on the Account by Additional Card Members and the people they allow

You are responsible for all use of your Account by Additional Card Members and by 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. If you want to cancel an Additional Card Member's ability to use the Account, you contact American Express.

Details
Who
you
What it covers
all use of the Account by Additional Card Members and anyone they allow
What it does
authorize American Express to give Additional Card Members Account information

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.

Qualifications & exceptions

  • Responsibility extends to people an Additional Card Member lets use the Account.

Not stated here

  • The passage does not say how quickly a cancellation request takes effect.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

Annual Fee refund for Additional Cards is governed by Part 3

If an Annual Fee applies for an Additional Card, the refund policy is the one disclosed in the Closing or suspending your Account sub-section of Part 3. If a single Annual Fee applies for a group of Additional Cards, the policy applies when you cancel the Additional Card on which the fee was assessed.

Details
Condition
an Annual Fee applies for an Additional Card
What it does
refer to the Part 3 refund policy

Supporting quotations

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

  • This applies only if an Annual Fee applies for Additional Cards; Part 1 lists the Annual Fee for Additional Cards as "None".

Not stated here

  • The refund terms themselves are in Part 3 and are analyzed in their own section.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AE Exposure Management Ltd.

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 American Express bills you in U.S. dollars at that conversion. Unless a particular rate is required by law, AEEML chooses a rate acceptable to American Express for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. The 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 those establishments use.

Details
Who
AE Exposure Management Ltd.
What it does
converts foreign currency charges to U.S. dollars
When
on the date American Express or its agents process the charge
Exception
establishment-converted charges are billed at the establishment's rate

Supporting quotations

Converting charges made in a foreign currency: If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.
Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge.
We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

  • The conversion date is the processing date, not the date of the charge.
  • The text sets a ceiling on the rate, not a fixed rate.
  • The Part 1 table lists no foreign transaction fee; this passage covers the conversion rate.

Not stated here

  • The actual rate applied on any day is not given, and the passage does not say whether the rate chosen sits below the stated ceiling.
Also annotated in the same passage (1)

Data Access & Collection · Company practice

Charges at some federal agencies are collected and may be used for reporting, analysis and 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.

Details
Who
American Express
What it does
collects certain charge information for charges at federal agencies
Why
processing, billing, collections; aggregated reporting, analysis and marketing

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.
  • The marketing use is stated for aggregated information.

Not stated here

  • Which charge information is collected is described only as "certain charge information".
  • Agency routine uses published in the Federal Register are not supplied here.
Also annotated in the same passage (1)

Sharing & Disclosure · Company practice

Affiliates may tell you about fee-bearing products and may be paid for it

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of its affiliates may act on behalf of a provider of these products and may be compensated. The insurance products are not offered or sold by American Express or on its behalf. Its affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence which products and providers American Express or its affiliates tell you about.

Details
Who
American Express and its affiliates
What it does
may tell you about products that may have a fee; affiliates may be compensated

Supporting quotations

About insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Qualifications & exceptions

  • The passage says compensation "may influence" what is recommended, a possibility the text itself raises.

Not stated here

  • Which products and providers are offered is not listed.

Sharing & Disclosure · Permission or license

Information about you may be shared with affiliates to identify products, and American Express may be paid

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

Details
Who
American Express
What it does
may share information about you with affiliates, and may be compensated
Why
so affiliates can identify products that may interest you

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

  • The stated purpose is identifying products that may interest you.

Not stated here

  • Which kinds of information are shared, and whether an opt-out exists, is not stated in this passage.

Account & Service Control · Permission or license

Benefits, features and services can be added, changed or removed at American Express's 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.

Details
Who
American Express
What it does
may add, modify or remove any benefit, feature or service at its discretion

Supporting quotations

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

Qualifications & exceptions

  • No notice period is stated in this passage.

Not stated here

  • Whether the right extends to the rewards program terms is covered by the separate rewards program change card.

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.

Details
Who
American Express
What it does
may sell, transfer or assign the Agreement and Account without notice
Exception
you may not sell, assign or transfer your Account or obligations

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.
Also annotated in the same passage (1)

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.

Details
Who
American Express
What it does
may delay or not exercise rights without waiving them

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.
Also annotated in the same passage (1)

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.

Details
What it covers
Utah law and federal law govern the Agreement
Where
Utah; Maryland billing addresses

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.

Details
Where
Oregon residents

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).
Also annotated in the same passage (1)

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.

Details
Where
Washington State residents
Condition
you notified American Express of the merchant's delay
When
seven working days for the merchant; three working days for American Express

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.
Also annotated in the same passage (1)

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.

Details
What it does
call Customer Service first; then mediation, arbitration or litigation
What it does
reject the arbitration provision by written notice
When
within 45 days after your first Card purchase

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.
Also annotated in the same passage (3)

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.

Details
Who
you and us, including parents, subsidiaries, affiliates and 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.
Also annotated in the same passage (1)

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.

Details
What it covers
any claim, dispute or controversy relating to the Account, the Agreement or any relationship with American Express
Exception
validity, enforceability or scope of the Arbitration provision
Exception
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.
Also annotated in the same passage (1)

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.

Details
What it does
send a written claim notice before a lawsuit, mediation or arbitration
Condition
the notice describes the claim and states the specific relief demanded
Exception
relief demanded is not disclosed to the arbitrator until after the ruling

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.

Details
What it does
submit the claim to JAMS or AAA for mediation
When
within 30 days after sending or receiving a claim notice
What it covers
American Express pays the mediator's fees

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.

Details
What it covers
mediation communications are confidential, inadmissible and not subject to discovery
When
limitation periods tolled from the claim notice until the mediation ends

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.

Details
Who
you or American Express
What it does
elect individual arbitration of any claim
Exception
no election for individual claims pending only in small claims court
When
at any time unless trial has begun or final judgment entered

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.
Also annotated in the same passage (1)

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.

Details
Exception
no court litigation or jury trial for a claim in arbitration
Exception
no class or representative participation
Exception
no joinder or consolidation unless agreed in writing
Condition
final and binding, subject to the appeal right described in the section

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.
Also annotated in the same passage (5)

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).

Details
What it does
refer the claim to JAMS or AAA as selected by the party electing arbitration
When
you may select the other organization within 30 days after notice of American Express's selection
Exception
another organization by written agreement, or an arbitrator appointed under the FAA

Supporting quotations

Initiating Arbitration: Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.
Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.
Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

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.

Details
Who
American Express
Exception
will not elect arbitration for an individual claim pending only in small claims court
When
election allowed at any time until trial has begun or final judgment entered

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.
Also annotated in the same passage (1)

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.

Details
Condition
either party elects arbitration
Exception
no class or representative arbitration

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.

Details
Condition
a portion of the Limitations on Arbitration is held invalid or unenforceable
Exception
the entire Arbitration provision does not apply

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.
Also annotated in the same passage (8)

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.

Details
What it covers
FAA governs; substantive law, limitations periods and privileges apply; procedure and evidence rules do not apply to evidence or discovery
What it does
arbitrator may award any relief available in court, subject to the Limitations on Arbitration

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).
Also annotated in the same passage (5)

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.

Details
What it covers
arbitration is confidential
Exception
either side may notify a government authority 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.
Also annotated in the same passage (5)

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.

Details
Condition
claim of $10,000 or less
What it does
choose documents only, telephonic hearing or in-person hearing
Where
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".
Also annotated in the same passage (5)

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.

Details
When
appeal notice within 35 days after the award
What it does
a three-arbitrator panel decides anew any aspect objected to

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.
Also annotated in the same passage (5)

Charges & Financial Obligations · Company commitment

Your share of arbitration fees is capped at court filing fees

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 the 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 the fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Details
What it covers
your share of arbitration fees capped at court filing fees
What it does
American Express pays additional arbitration fees

Supporting quotations

Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

  • The advance or expert-fee payment is something American Express will "consider in good faith", not a promise to pay.
Also annotated in the same passage (1)

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.

Details
Condition
award greater than any final offer made before the final hearing
What it covers
money owed, at least $5,000, plus reasonable attorneys' fees, costs and expert and 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.
Also annotated in the same passage (1)

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.

Details
What it does
send a written rejection notice by mail
When
within 45 days after your first Card purchase
Condition
notice states rejection and includes name, address, Account number and personal signature
Exception
Corporate Card accounts and claims in pending litigation or arbitration

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.
Also annotated in the same passage (3)

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.

Details
When
survives termination, payoff, collection proceedings, bankruptcy and sale of the Account

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account).
Also annotated in the same passage (3)

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.

Details
Who
American Express
What it does
sends notices by mail, courier or electronically
When
notice considered given when mailed or delivered electronically

Supporting quotations

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.

Use & Processing · Permission or license

You authorize contact by calls, texts, email and push notifications, including by automated dialer

If American Express needs to contact you to service the account or 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 or sending mobile application push notifications. It 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.

Details
Who
American Express, its affiliates, agents and contractors
Why
servicing the account or collecting amounts owed
What it does
contact by call, text, email, push notification, automated dialer or prerecorded message

Supporting quotations

Servicing and Collections: If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you.
We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

  • The authorization is for servicing the account or collecting amounts owed.
  • Contact methods must be "permitted by law".
  • Contact may be at numbers or addresses American Express believes it can reach you at, not only those you gave.

Not stated here

  • The passage does not describe how to withdraw this authorization.

Data Access & Collection · Company practice

Calls may be monitored and recorded

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

Details
Who
American Express
What it does
may monitor and record calls

Supporting quotations

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

Not stated here

  • How long recordings are kept and who may access them is not stated in this passage.

Account & Service Control · Restriction or exception

Tell American Express right away if your address, email or phone changes

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 must notify it separately for each Account. American Express may update your billing address if it receives information that it has changed or is incorrect.

Details
Who
you
What it does
notify immediately of changes, separately for each Account
Exception
American Express may update the billing address itself

Supporting quotations

Changing your contact information: 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 needed separately for each Account.

Not stated here

  • What sources of information the company may rely on to update a billing address are not listed.

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.

Details
Who
you
What it does
assign claims against the merchant and cooperate
Condition
American Express credits all or part of a disputed charge
Exception
tort claims are excluded from the assignment

Supporting quotations

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

Data Access & Collection · Permission or license

You agree American Express will obtain credit reports and other information 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 agree it will use that information for any purposes, for example marketing to you or evaluating you for a new account, subject to applicable law.

Details
Who
American Express
What it does
obtains credit reports and other information, including employment and income verification
Why
any purposes, for example marketing or evaluating you for a new account
Condition
subject to applicable law

Supporting quotations

Credit reports: 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

  • The use is "subject to applicable law".
  • "For any purposes" is followed by examples, so the uses are not limited to those named.

Not stated here

  • The other sources of information are not listed.
  • How often reports are obtained is not stated.
Also annotated in the same passage (1)

Sharing & Disclosure · Permission or license

Account information goes to credit reporting agencies, including failures to comply

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

Details
Who
American Express
What it does
gives Account information to credit reporting agencies; reports failure to comply

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.

Not stated here

  • Which items of Account information are reported, and how often, is not listed.
Also annotated in the same passage (1)

Account & Service Control · Procedure

Write to the Credit Bureau Unit if you think reported information is wrong

If you believe information American Express has given to a credit reporting agency is incorrect, you can write to it at American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, telling it the specific information you believe is incorrect.

Details
Who
you
What it does
write to the Credit Bureau Unit naming the incorrect information

Supporting quotations

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

Qualifications & exceptions

  • The notice must state the specific information believed to be incorrect.

Not stated here

  • The passage does not state how long the company has to respond.

Account & Service Control · Restriction or exception

When American Express may consider the Account in default

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.

Details
Who
American Express
Condition
violation of the Agreement, false information, bankruptcy, default on another agreement with it or an affiliate, or belief you cannot or will not pay

Supporting quotations

Default: We may consider your Account to be in default if:
you violate a provision of this Agreement,
you give us false information,
you file for bankruptcy,
you default under another agreement you have with us or an affiliate, or
we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

  • Default is something it "may consider", not automatic.
  • The last trigger rests on American Express's belief.

Not stated here

  • Whether there is a cure period or notice before a default is declared is not stated.
  • The first trigger refers to the Agreement's provisions generally; the text of any other agreement with American Express or an affiliate that could cause default is not supplied here, so this card cannot say what those other agreements require.

Account & Service Control · Permission or license

After default, incapacity or death American Express may suspend, cancel or demand full payment

If American Express considers the 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 the Account, require you to pay more than the Minimum Payment Due immediately, and require you to pay the Account balance immediately.

Details
Condition
default, incapacity or death
What it does
suspend charging, cancel or suspend features, demand more than the minimum or the whole balance immediately
Condition
to the extent permitted by federal and applicable state law

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

  • These powers apply "to the extent permitted by federal and applicable state law".
  • They are also triggered if you become incapacitated or die, not only on default.

Charges & Financial Obligations · Restriction or exception

You agree to pay 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.

Details
Who
you
What it covers
reasonable collection costs including attorneys' fees

Supporting quotations

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

Qualifications & exceptions

  • Only "reasonable" costs are covered.

Account & Service Control · Permission or license

American Express may close or suspend the Account at any time for any reason

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

Details
Who
American Express
What it does
may cancel the Account or suspend charging or features at any time for any reason
Exception
you must still pay all charges

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, 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 is required by this text.
  • You remain liable for all charges after a cancellation or suspension.

Not stated here

  • The amount of any fee to reinstate is not stated in this passage; the fee table and the re-opening fee elsewhere give $25 for re-opening a cancelled Account.

Charges & Financial Obligations · User right or choice

You can close the Account; the Annual Fee is refundable only within 30 days of the statement

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

Details
What it does
close the Account by calling or writing
When
Annual Fee refund if closed within 30 days after the Closing Date of the statement showing it
Where
Commonwealth of Massachusetts billing address excluded from this policy

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

  • The 30 days run from the Closing Date of the statement showing the fee.
  • Massachusetts billing addresses are carved out of this refund policy; the passage does not state what applies instead.

Not stated here

  • What refund rule applies to a Massachusetts billing address is not stated in this passage.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic debit, possibly the same day

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

Details
What it does
uses check information to make a one-time electronic transfer
When
may be withdrawn as soon as the same day the check is received
Condition
payment made by check

Supporting quotations

When you pay us by check; permission for electronic debit: 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

  • Applies to payments made by check.

Not stated here

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