Delta SkyMiles® Reserve American Express Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 of the Delta SkyMiles Reserve card agreement is issued by American Express National Bank, as of 06/30/2026

This page is Part 1 of 3 of the Card Member Agreement for the Delta SkyMiles Reserve American Express Card. It names American Express National Bank as the issuer and is marked "As of: 06/30/2026". Part 1 holds the Rates and Fees Table and the How Rates and Fees Work section; Parts 2 and 3 and any supplements or amendments complete the agreement.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Delta SkyMiles® Reserve American Express Card

Qualifications & exceptions

• The date is labeled "As of", not "effective" or "last updated"; the text does not say which it is.

Not stated here

• The text does not state when this version took effect or how it relates to earlier versions.

Legal Rights & Agreement Rules · Context

Table points to the CFPB website for credit card tips

The Rates and Fees Table includes a line directing readers to the Consumer Financial Protection Bureau website for information on factors to consider when applying for or using a credit card. The agreement gives the address but does not reproduce that guidance.

Supporting quotations

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

Not stated here

• The content of the linked CFPB page is not part of this agreement.

Legal Rights & Agreement Rules · Permission or license

The listed rates and fees are as of 06/30/2026 and the issuer may change the Agreement, subject to applicable law

Part 1 is marked "As of: 06/30/2026". Part 2 says the issuer may change the Agreement, subject to applicable law, which includes the rates and fees in this table. The part of the text reached from Part 1 does not say how or when a change would be announced.

Supporting quotations

As of: 06/30/2026

We may change this Agreement, subject to applicable law.

Qualifications & exceptions

• The only stated limit is "subject to applicable law".

Not stated here

• The text does not state a notice period or method for changes in the Part 1 table or in the passage cited from Part 2.

Legal Rights & Agreement Rules · Context

The agreement is Parts 1 to 3 plus any supplements or amendments, and you can request a copy

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy through your online account or by calling the number on the back of your Card. A page is intentionally blank, and the next page is a Supplement to the Card Member Agreement, which is part of the agreement.

Supporting quotations

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

Supplement to the Card Member Agreement

Legal Rights & Agreement Rules · Restriction or exception

The issuer is not responsible for miles once credited to your SkyMiles account or for Delta's actions on it

The issuer is not responsible for miles after they are credited to your SkyMiles account. It is also not responsible for the actions of Delta on your SkyMiles account.

Supporting quotations

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

Legal Rights & Agreement Rules · Context

Using the Account, signing or keeping the Card means you agree; you can cancel unused without paying fees

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

Supporting quotations

Your Card Member Agreement: 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

• Agreement is shown by use of the Account, or by signing or keeping the Card.
• The no-fee cancellation right applies only before the Account is used or a payment is made after a billing statement.

Not stated here

• The cancellation sentence says "have not yet used the Account or made a payment"; the text does not say whether having done either one alone ends the right.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement subject to applicable law; the written Agreement cannot be changed orally

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

Supporting quotations

We may change this Agreement, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.

Qualifications & exceptions

• The only stated limit on changes is applicable law.
• Oral modification is excluded.

Not stated here

• This clause states no notice period, notice method or right to reject a change; see Part 3 for how notices are sent.

Cross-references

• contrast (model-proposed): The issuer may change the terms of this reward program at its discretion — The issuer may change the reward program terms "at our discretion" with no mention of applicable law, while the general right to change the Agreement is "subject to applicable law". The text does not say how the two interact.

Legal Rights & Agreement Rules · Context

Definitions: "we" is the issuer, "you" is the applicant (Basic or Primary Card Member), and "Card" can be any device

"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. You may request a Card for an Additional Card Member. "Card" means any American Express Card or other device that the issuer issues to access your Account.

Supporting quotations

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

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: the cost of credit to covered service members and dependents may not exceed 36%

Federal law gives members of the Armed Forces and their dependents protections for consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable to the transaction or Account, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain application fees for specified credit), and any participation fee (other than certain participation fees for a credit Card Account).

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.

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).

Qualifications & exceptions

• Applies to covered borrowers: Armed Forces members and their dependents.
• The statement is introduced with "in general" and lists carve-outs for certain application and participation fees.

Not stated here

• The text does not say which fees on this Card are counted in the 36% rate or how the annual fee is treated.

Legal Rights & Agreement Rules · User right or choice

For a Military Lending Act covered borrower the arbitration provision does not apply, but one may elect it

The agreement offers a phone number (855-531-0379) to listen to the Military Lending Act 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 in connection with this Account. However, if you elect arbitration, the issuer will comply with its obligations under the Claims Resolution section.

Supporting quotations

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

• Applies only to covered borrowers.
• The second sentence says that a covered borrower who elects arbitration will still get the issuer's compliance with its Claims Resolution obligations.

Not stated here

• The text does not say in plain words whether a covered borrower can be required to arbitrate or can only choose arbitration; read together, it says the provision does not apply to the covered borrower while allowing an election.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, replacing court and jury trial for that claim, except in small claims — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, which is an exception to the general right of either side to elect arbitration. The same paragraph says that if you elect arbitration the issuer will comply with its Claims Resolution obligations.

Legal Rights & Agreement Rules · Company practice

The issuer sends notices by mail, courier or electronically, and a notice counts as given when mailed or delivered

The issuer sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is 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 sent, not when you receive or read it.

Legal Rights & Agreement Rules · Restriction or exception

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

If you dispute a charge with a merchant, the issuer may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to the issuer 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 the issuer if it decides to pursue the merchant.

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

• Applies when the issuer credits all or part of a disputed charge.
• Tort claims are excluded from the assignment.
• The assignment and the promise not to pursue concern the credited amount.

Legal Rights & Agreement Rules · Permission or license

The issuer may sell or assign the Agreement and your Account at any time without telling you; you may not

The issuer may sell, transfer or assign this Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement.

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it on any other occasion

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

Supporting quotations

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

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland billing addresses add a Commercial Law Article election

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

Supporting quotations

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

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

Qualifications & exceptions

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

Not stated here

• The text of the Maryland statute is not supplied.

Legal Rights & Agreement Rules · Procedure

Claims Resolution: call customer service first; you may reject arbitration within 45 days of your first Card purchase

Most customer concerns can be resolved by calling the Customer Service Department at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, 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 written notice within 45 days after your first Card purchase; the rejection terms are set out later in the section (Your Right to Reject Arbitration).

Supporting quotations

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

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

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

Qualifications & exceptions

• The deadline to reject arbitration is 45 days after your first Card purchase and the notice must meet the requirements stated in the rejection paragraph.

Not stated here

• The text does not say what happens to the deadline if the first Card purchase date is disputed.

Legal Rights & Agreement Rules · Context

In Claims Resolution, "you" and "us" include corporate parents, subsidiaries, affiliates and related persons or entities

For the Claims Resolution section, "you and us" include any corporate parents, subsidiaries, affiliates or related persons or entities. So the section's rights and duties reach those related parties as well as you and the issuer.

Supporting quotations

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

Not stated here

• The text does not list the affiliates or related entities.

Legal Rights & Agreement Rules · Context

"Claim" covers any current or future dispute about your Account, the Agreement or your relationship with the issuer

"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 the issuer, except for the validity, enforceability or scope of the Arbitration provision. A Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based on 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.

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.

Qualifications & exceptions

• Covers past, present and future disputes, including relationships you "have or had" with the issuer.
• The validity, enforceability or scope of the Arbitration provision is excluded from "Claim".
• The list uses "includes but is not limited to".

Not stated here

• The text does not say who decides disputes over the validity, enforceability or scope of the Arbitration provision, which are excluded from "Claim".

Legal Rights & Agreement Rules · Restriction or exception

You may not sell, assign or transfer a claim

You may not sell, assign or transfer a claim.

Supporting quotations

You may not sell, assign or transfer a claim.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice describing the claim and relief sought must be sent

Before beginning a lawsuit, mediation or arbitration, you and the issuer agree to send a written notice (a 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 is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be given by your billing statement or sent to your billing address. Notice to the issuer 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 any relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

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 claim notice is required before any lawsuit, mediation or arbitration.
• Notice to you can be given through your billing statement.

Not stated here

• The sample claim notice at americanexpress.com/claim is not part of this document.

Legal Rights & Agreement Rules · Procedure

Within 30 days of a claim notice either side may submit it to JAMS or AAA mediation; the issuer pays the mediator

In mediation a neutral mediator helps parties resolve a claim; the mediator does not decide it. Before mediation, a claim notice must have been sent. Within 30 days after sending or receiving a claim notice, you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. The issuer will pay the fees of the mediator.

Supporting quotations

Mediation: In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice.

Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

Qualifications & exceptions

• The 30-day window runs from sending or receiving the claim notice.

Not stated here

• The text does not say what the 30-day window means for a claim that is not submitted in time; it also says failing to submit does not affect the right to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, tolls limitation periods and can end any time without losing the right to arbitrate

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date you or the issuer send the claim notice until the mediation ends. Either side may terminate the mediation at any time. Submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

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

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

Legal Rights & Agreement Rules · User right or choice

Either side may elect individual arbitration, replacing court and jury trial for that claim, except in small claims

You or the issuer may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor the issuer will have the right to litigate that claim in court or have a jury trial on it. The issuer says it will not elect arbitration for any claim you file in small claims court, as long as the claim is individual and pending only in that court. Otherwise, you or the issuer 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.

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 you or the issuer can elect arbitration; once elected by any party, court and jury trial are unavailable for that claim.
• Small-claims exception: the claim must be individual and pending only in small claims court.
• The election can be made "at any time" until trial has begun or final judgment has been entered in court.

Cross-references

• has exception (model-proposed): For a Military Lending Act covered borrower the arbitration provision does not apply, but one may elect it — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, which is an exception to the general right of either side to elect arbitration. The same paragraph says that if you elect arbitration the issuer will comply with its Claims Resolution obligations.
• has exception (model-proposed): The issuer will not elect arbitration for your individual small-claims case; otherwise it can be elected until trial — The issuer's promise not to elect arbitration for an individual small-claims case is an exception to the general right to elect arbitration.
• qualified by (model-proposed): A valid rejection also lifts arbitration for your other open American Express accounts, with exceptions — A compliant rejection notice makes the Arbitration provision not apply to you, which qualifies the general rule that arbitration chosen by any party replaces court and jury trial.

Legal Rights & Agreement Rules · Restriction or exception

Arbitrated claims proceed individually: no class or representative actions, and no joinder unless both agree in writing

If arbitration is chosen, you and the issuer 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. The arbitrator's authority is limited to claims between you and the issuer alone, and claims may not be joined or consolidated unless you and the issuer agree in writing. An arbitration award and any judgment confirming it applies only to the specific case and cannot be used in any other case except to enforce the award. If any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.

Supporting quotations

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.

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.

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

• Applies to claims subject to arbitration.
• If the Limitations on Arbitration are found invalid or unenforceable, the whole Arbitration provision falls away rather than only the invalid part.

Legal Rights & Agreement Rules · Context

Arbitration is simpler than court with limited discovery; the decision is final and binding with very limited review

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. 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 later in the section, the arbitrator's decision is final and binding. Other rights you or the issuer would have in court may also not be available in arbitration.

Supporting quotations

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.

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.

Qualifications & exceptions

• "Except as set forth below" refers to the appeal procedure described later in the section.

Not stated here

• The text does not list which court rights are unavailable beyond the examples given.

Legal Rights & Agreement Rules · Procedure

Arbitration begins after a claim notice and goes to JAMS or AAA as chosen by the party electing it

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The organization rules apply except where they conflict with the Agreement.
• If the issuer picks the organization, your window to pick the other is 30 days from receiving its notice.

Not stated here

• "Select the other" is read as the other of JAMS or the AAA; the text does not state this in so many words.
• The Federal Arbitration Act is cited but its text is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

The issuer will not elect arbitration for your individual small-claims case; otherwise it can be elected until trial

The issuer 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 the issuer 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

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

• The small-claims promise binds the issuer's election; it depends on the claim being individual and pending only in small claims court.
• The right to elect ends once a court trial has begun or final judgment has been entered.

Not stated here

• The text does not say whether you can still elect arbitration yourself for a claim you filed in small claims court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, replacing court and jury trial for that claim, except in small claims — The issuer's promise not to elect arbitration for an individual small-claims case is an exception to the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not exercising arbitration rights does not waive them

Either you or the issuer 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

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.

Legal Rights & Agreement Rules · Restriction or exception

An arbitrated claim proceeds on an individual basis; class or representative arbitration is not allowed

If either party elects arbitration, that claim will be 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) will not apply.

Supporting quotations

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

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

Qualifications & exceptions

• An invalid Limitation removes the whole Arbitration provision rather than only the invalid part.

Legal Rights & Agreement Rules · Procedure

The FAA governs arbitration, the arbitrator applies substantive law and limitation periods, and it is confidential

The Arbitration provision is governed by the Federal Arbitration Act. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not 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 the issuer agree that the arbitration will be confidential and that the issuer will not disclose the content of the arbitration proceeding or its outcome to anyone, but either may notify any government authority of the claim as permitted or required by law.

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.

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 confidentiality duty is stated for the issuer ("we will not disclose"), with a carve-out for notifying a government authority.

Not stated here

• The sentence says "You and we agree that the arbitration will be confidential" and then speaks of what the issuer will not disclose; the text does not say whether you are likewise barred from disclosing.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose documents, telephone or in-person; hearings are in your federal district

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

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

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

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

Qualifications & exceptions

• The choice of format is yours only when the claim is $10,000 or less.

Not stated here

• The text does not say how the format is chosen for claims above $10,000.

Legal Rights & Agreement Rules · Procedure

An arbitration award is final and binding subject to an appeal to a three-arbitrator panel started 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 arbitrator's award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise proceeds under the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

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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 must be started in writing within 35 days after the award is issued.
• The panel decides anew any aspect of the decision objected to, on written submissions.

Not stated here

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

Legal Rights & Agreement Rules · Company commitment

Your arbitration fee share is capped at the court filing fee you would have paid; the issuer covers the rest

You are responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. The issuer is responsible for any additional arbitration fees. At your written request, the issuer 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.

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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

• Your share is capped at the court filing fee.
• The advance or expert payment is something the issuer will consider in good faith, not a promise to pay.

Legal Rights & Agreement Rules · Company commitment

If the arbitrator awards you more than the issuer's final offer, you get at least $5,000 plus reasonable fees and costs

If the arbitrator rules in your favor for an amount greater than any final offer the issuer made before the final hearing in arbitration, the 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.

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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

• Applies only when the award exceeds the issuer's final offer made before the final hearing.

Not stated here

• The text does not say what happens if no final offer was made.

Legal Rights & Agreement Rules · User right or choice

To reject arbitration, mail a signed written notice 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 rejection notice 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.

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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.

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.

Qualifications & exceptions

• All listed contents are required for the rejection to comply.
• The notice must be mailed, within 45 days after your first Card purchase.

Not stated here

• The sample notice at americanexpress.com/reject is not part of this document.

Legal Rights & Agreement Rules · User right or choice

A valid rejection also lifts arbitration for your other open American Express accounts, with exceptions

If your rejection notice complies with the 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 the notice. Rejecting the Arbitration provision does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, and does not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

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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

• Exceptions: Corporate Card accounts and claims subject to pending litigation or arbitration when the notice is sent.
• The effect depends on the rejection notice complying with the stated requirements.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, replacing court and jury trial for that claim, except in small claims — A compliant rejection notice makes the Arbitration provision not apply to you, which qualifies the general rule that arbitration chosen by any party replaces court and jury trial.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives account closing, payoff, collection, bankruptcy or sale; an invalid part leaves the rest

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

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

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.

We may sell, transfer or assign this Agreement and your Account.

Qualifications & exceptions

• The severability rule has an exception: an invalid Limitation on Arbitration removes the whole Arbitration provision.