Blue Cash Preferred® from American Express Agreement

Legal Rights & Agreement Rules · Context

Part 1 of the Blue Cash Preferred Card Member Agreement, issued by American Express National Bank

This is Part 1 of 3 of the Card Member Agreement for the Blue Cash Preferred® from American Express card. The page is marked "As of: 06/30/2026" and names American Express National Bank as the issuer. Part 1 opens with a Rates and Fees Table and then a section called How Rates and Fees Work; the rates and fees below are read from this published agreement, not from any individual cardholder's account.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Blue Cash Preferred® from American Express

Qualifications & exceptions

• The date shown is an "As of" date printed on the document; the text does not say whether it is an effective date, a publication date or a revision date.
• Interest rates in the table are given as ranges or as the Prime Rate plus a margin, so the table alone does not give a single rate for every account.

Not stated here

• The agreement does not say how the specific rate within a published range is chosen for an individual Account.

Legal Rights & Agreement Rules · Context

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

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

Supporting quotations

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Qualifications & exceptions

• Supplements and amendments are part of the Agreement, including the reward program supplement that follows.

Legal Rights & Agreement Rules · Context

You accept the agreement by using the Account or signing or keeping the Card; you can cancel unused cards without fees

Part 2 begins by saying that it, together with Part 1 and Part 3, makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and that any supplements or amendments are also part of the Agreement. You agree to the Agreement when you use the Account, or when you sign or keep the Card. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

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

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

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

Qualifications & exceptions

• Agreement is by conduct: using the Account or signing or keeping the Card is enough.
• The no-fee cancellation right is for a Card you have not yet used or made a payment on after receiving a billing statement.

Not stated here

• The sentence says "have not yet used the Account or made a payment on the Account after receiving a billing statement"; the text does not say whether both conditions must be met or only one, so the practical scope of the cancellation right is not fully clear from the wording alone.

Legal Rights & Agreement Rules · Permission or license

American Express may change the agreement, subject to applicable law; oral changes do not count

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

Supporting quotations

We may change this Agreement, subject to applicable law.

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

Qualifications & exceptions

• The right to change is "subject to applicable law"; the passage does not set a notice period or a way to reject a change.

Not stated here

• This passage does not say how or when you would be told of a change, or what happens if you do not accept it.

Legal Rights & Agreement Rules · Context

Key defined terms: we, you, Card, charge, purchase, cash advance, balance transfer, plan and Closing Date

Part 2 defines the terms the rest of the Agreement relies on. 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 it was opened, called the Basic or Primary Card Member, who may request a Card for an Additional Card Member. A Card is any American Express Card or other device used to access the Account. A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers and other offline and online betting transactions. A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send Account. A plan is a portion of your account balance you have chosen to pay over time through a set number of monthly payments using Plan It. The Closing Date, shown on each billing statement, is the last day of the billing period covered by the statement.

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.

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.

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.

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

Qualifications & exceptions

• These definitions control how other provisions apply; for example, the broad cash advance definition decides which transactions bear the cash advance fee and rate.
• The reward program separately excludes person-to-person transactions from eligible purchases even though they fall within the definition of purchase.

Cross-references

• defines (model-proposed): Cash advance fee: 5% of the advance (including ATM operator fees), at least $10 — The definition of cash advance in Part 2 decides which transactions bear the 5% cash advance fee.
• defines (model-proposed): Cash advances have a higher variable APR: Prime Rate + 21.99% — The definition of cash advance in Part 2 decides which transactions are charged the cash advance APR.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: a 36% rate limit for covered borrowers, and the arbitration provision does not apply to them

The agreement states that federal law protects members of the Armed Forces and their dependents: in general the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent, a rate that must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account). It gives a number to hear the statement and a description of your payment obligation. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you for this Account. The next sentence adds: "However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement."

Supporting quotations

In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

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

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

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 36% limit is described "in general" and the listed cost items are "as applicable" and subject to exceptions for certain application and participation fees.
• The arbitration carve-out is for covered borrowers under the Military Lending Act.

Not stated here

• The sentence "if you elect arbitration, we will comply with our obligations" sits next to a statement that the Arbitration provision does not apply; the agreement does not say how a covered borrower's election of arbitration is reconciled with the provision not applying, so the practical scope of that sentence is not clear from the text.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — The Military Lending Act notice says the Arbitration provision does not apply to a covered borrower, which limits the general right of either side to elect individual arbitration; the same sentence adds that if the borrower elects arbitration American Express will comply with its obligations under Claims Resolution, so the practical scope is left unclear.

Legal Rights & Agreement Rules · Restriction or exception

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

If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant. 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 do so.

Supporting quotations

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

Qualifications & exceptions

• The crediting is discretionary ("may credit") and can be for part of the charge.
• The assignment excludes tort claims and concerns the credited amount.

Not stated here

• The sentence "you must cooperate with us if we decide to do so" does not say what "do so" refers to; it most plausibly refers to pursuing the merchant, but the text does not say.

Legal Rights & Agreement Rules · Permission or license

American Express may assign the Agreement and Account without notice; you may not; delayed enforcement is no waiver

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. If American Express delays enforcing or does not exercise its rights under the Agreement, that does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

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

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

Qualifications & exceptions

• The right to assign is one-sided: American Express may, you may not.

Legal Rights & Agreement Rules · Context

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

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

Supporting quotations

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 is tied to a Maryland billing address and applies only to the extent, if any, that Maryland law applies.

Not stated here

• The text of the cited Maryland statute is not supplied, so this card does not say what that election means in practice.

Legal Rights & Agreement Rules · Context

Claims Resolution: call Customer Service first, then mediation, arbitration or litigation; arbitration can be rejected

The Claims Resolution section says most concerns can be resolved by calling Customer Service at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the 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 written notice within 45 days after your first Card purchase; the rejection requirements are in Your Right to Reject Arbitration, which says the notice must be mailed within 45 days after your first Card purchase.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.

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

Qualifications & exceptions

• The right to reject arbitration has a 45-day deadline counted from your first Card purchase.
• The rejection notice has specific requirements, covered with the rejection provision in the next section.

Legal Rights & Agreement Rules · Context

"Claim" is defined very broadly and "you" and "us" include corporate parents, affiliates and related persons

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

Supporting quotations

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

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

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

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The definition reaches claims about rewards programs, advertisements and your application, not only billing disputes.
• The validity, enforceability or scope of the Arbitration provision itself is outside the definition of Claim, so those questions are not within what "Claim" covers.
• The list is "includes but is not limited to", so it is not exhaustive.

Not stated here

• The text does not say who decides questions about the validity, enforceability or scope of the Arbitration provision, since they are excluded from the definition of Claim.

Legal Rights & Agreement Rules · Procedure

Before suing, mediating or arbitrating, each side must send a written claim notice stating the claim and relief demanded

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 a chance to resolve the claim informally or through mediation. A sample claim notice is at americanexpress.com/claim. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim goes to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

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

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

Qualifications & exceptions

• The claim notice comes before a lawsuit, mediation or arbitration.
• Notice to you can be given through your billing statement.

Legal Rights & Agreement Rules · Procedure

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

In mediation, a neutral mediator helps parties resolve a claim without deciding it. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, you or American Express may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express pays the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date a claim notice is sent until the mediation ends, either side may end the mediation at any time, and submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

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

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

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

Qualifications & exceptions

• The 30-day window runs from sending or receiving a claim notice.
• American Express pays the mediator's fees.
• Mediation does not delay or remove the right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims

You or American Express may elect to resolve any claim by individual arbitration, and a neutral arbitrator decides. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial, and neither has the right to participate in a representative capacity or as a member of any class for any claim subject to arbitration. The text says 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, claims may not be joined or consolidated unless both agree in writing, and an award and any confirming judgment apply only to the specific case and cannot be used in another case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and subject to very limited review, and, except as set out in the appeal provisions, the decision is final and binding. Other rights you or American Express would have in court may also not be available. American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise either side 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.

Supporting quotations

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

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

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

The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

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

Qualifications & exceptions

• Either party can elect arbitration, which then binds both.
• Small claims court is excepted only if the claim is individual and pending only in that court.
• Arbitration may be elected at any time unless trial has begun or final judgment has been entered in a court case.
• The decision is final and binding "except as set forth below" (appeal provisions in the next section).
• The Arbitration provision does not apply to covered borrowers under the Military Lending Act, per the earlier notice.

Cross-references

• has exception (model-proposed): Military Lending Act: a 36% rate limit for covered borrowers, and the arbitration provision does not apply to them — The Military Lending Act notice says the Arbitration provision does not apply to a covered borrower, which limits the general right of either side to elect individual arbitration; the same sentence adds that if the borrower elects arbitration American Express will comply with its obligations under Claims Resolution, so the practical scope is left unclear.
• has exception (model-proposed): Small-claims exception, timing of arbitration election, and no waiver by delay — American Express will not elect arbitration for an individual claim filed only in small claims court, which carves out part of the general right to elect arbitration for any claim.
• narrowed by (model-proposed): Arbitration is individual only, with no class or representative claims; if that limit fails the whole provision falls — Arbitration is limited to individual claims, and if any portion of the limitation is invalid or unenforceable the entire Arbitration provision stops applying.
• qualified by (model-proposed): You can reject arbitration by a signed written notice mailed within 45 days of your first Card purchase — A timely, signed written rejection means the Arbitration provision does not apply to you, which qualifies the general right of either side to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration is referred to JAMS or AAA, chosen by the party electing it, after a claim notice

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to JAMS or the AAA, as selected by the party electing arbitration. Claims 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 go to another arbitration organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

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

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

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

Qualifications & exceptions

• The organization's rules apply except where they conflict with the Agreement.
• The FAA is cited as a named federal law and its text is not supplied here.

Not stated here

• The sentence "If we choose the organization, you may select the other within 30 days after receiving notice of our selection" does not say whether your selection of the other organization replaces American Express's choice or what happens if you do not select within 30 days.
• The text of section 5 of the Federal Arbitration Act is not supplied, so this card does not describe it.

Legal Rights & Agreement Rules · Restriction or exception

Small-claims exception, timing of arbitration election, and no waiver by delay

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 a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

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

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

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

Qualifications & exceptions

• The small-claims exception applies only to an individual claim pending only in small claims court.
• The right to elect arbitration ends once trial has begun or final judgment has been entered in court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — American Express will not elect arbitration for an individual claim filed only in small claims court, which carves out part of the general right to elect arbitration for any claim.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, with no class or representative claims; if that limit fails the whole provision falls

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

Supporting quotations

If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.

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

Qualifications & exceptions

• If the individual-only limit is held invalid or unenforceable in any portion, the whole Arbitration provision stops applying (other than this sentence), which would leave the claim to the courts.
• The Military Lending Act notice earlier in the Agreement separately says the Arbitration provision does not apply to covered borrowers.

Cross-references

• narrows (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — Arbitration is limited to individual claims, and if any portion of the limitation is invalid or unenforceable the entire Arbitration provision stops applying.

Legal Rights & Agreement Rules · Procedure

Arbitration procedures: FAA governs, substantive law and limitation periods apply, and the proceeding is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The agreement says that you and American Express agree the arbitration will be confidential and 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." At any party's request the arbitrator provides a brief written explanation of the award.

Supporting quotations

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

Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.

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

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

Qualifications & exceptions

• Rules of civil procedure and evidence do not apply to evidence or discovery.
• Disclosure to a government authority of the claim is allowed as permitted or required by law.

Not stated here

• The second confidentiality sentence says "we will not disclose the content of the arbitration proceeding or its outcome to anyone"; the text does not say whether "we" there means American Express alone or both parties, so the practical scope of the non-disclosure promise is not clear.
• The text of the Federal Arbitration Act is not supplied.

Legal Rights & Agreement Rules · User right or choice

Claims of $10,000 or less: you pick documents, telephone or in-person hearing; venue can be your home federal district

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

Supporting quotations

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

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

Qualifications & exceptions

• The choice of hearing type is for claims of $10,000 or less; the venue sentence says "at your election" and is not limited to that amount.

Legal Rights & Agreement Rules · Procedure

The award is final and binding but can be appealed to a three-arbitrator panel by written notice within 35 days

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. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The 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 on any award may be entered in any court having jurisdiction.

Supporting quotations

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

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to.

Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• The appeal deadline is 35 days after the award is issued and the notice must be in writing to the organization and all parties.
• The panel decides anew, on written submissions, only the aspects objected to.

Legal Rights & Agreement Rules · Company commitment

Your arbitration fees are capped at court filing fees; an award above the last offer carries at least $5,000

You are responsible for your share of any arbitration fees (filing, administrative, hearing or other) only up to the amount of the filing fees you would have incurred if you had brought the claim in court; American Express pays any additional arbitration fees. On your written request, American Express will consider in good faith making a temporary advance of your share of the fees or paying reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing, 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.

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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.

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 advance of fees or payment of an expert's fees is only something American Express will "consider in good faith" on your written request.
• The minimum $5,000 and fee-shifting apply only if the award is greater than any final offer American Express made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by a signed written notice mailed within 45 days of your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If the notice meets these requirements, the Arbitration provision, and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have, will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejecting arbitration 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 on your Account.

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

Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

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

• Deadline: mailed within 45 days after your first Card purchase.
• Rejection also switches off arbitration provisions in your other currently open American Express accounts, with exceptions for Corporate Card accounts and claims already in litigation or arbitration.
• Only the Account holder's personal signature is accepted; no one else may sign.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — A timely, signed written rejection means the Arbitration provision does not apply to you, which qualifies the general right of either side to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives closure, payoff, debt collection, bankruptcy and sale of the Account

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

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

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

• Survival covers closure, payoff, debt collection proceedings, bankruptcy and sale of the Account.
• Severability does not apply to the Limitations on Arbitration, which have their own rule that the whole Arbitration provision falls.