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.

Charges & Financial Obligations · Company practice

Purchase APR is variable: Prime Rate plus 12.74% to Prime Rate plus 21.74%

The Rates and Fees Table gives the Annual Percentage Rate for purchases as a range, Prime Rate + 12.74% to Prime Rate + 21.74%. It is a variable APR, so it moves with the Prime Rate as explained under Explanation of Variable Rates.

Supporting quotations

Annual Percentage Rate (APR) for Purchases

Prime Rate + 12.74% to Prime Rate + 21.74%

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

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

Qualifications & exceptions

• Variable rate: the APR changes when the Prime Rate changes (see the variable-rate card).
• The table gives a range, not one rate.

Not stated here

• The text does not say what determines where within the 12.74% to 21.74% margin range a given Account falls.
• The current numeric Prime Rate is not stated, so the table does not show a numeric APR.
• The agreement does not show Daily Periodic Rate values for these APRs.

Charges & Financial Obligations · Company practice

Cash advance APR is variable: Prime Rate plus 21.99%

The APR for cash advances is Prime Rate + 21.99%, a variable APR that moves with the Prime Rate. Cash advances carry a different, higher margin than purchases.

Supporting quotations

APR for Cash Advances

Prime Rate + 21.99%

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

Qualifications & exceptions

• Variable rate: see the variable-rate card.
• Separate rate from purchases; payments are applied across balances with different rates as Part 2 describes.

Not stated here

• The current numeric Prime Rate is not stated here.

Charges & Financial Obligations · Restriction or exception

Penalty APR of Prime Rate plus 26.74% can apply to new transactions after a missed or returned payment

The Penalty APR is Prime Rate + 26.74%, a variable APR. The issuer says it has the right to apply it to new Transactions if either (1) you do not pay at least the Minimum Payment Due by the Payment Due Date, or (2) your payment is returned by your bank. If it is applied, it lasts at least 6 months. The issuer reviews the Account every 6 months after the Penalty APR is applied, and it continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Penalty APR and When it Applies

Prime Rate + 26.74% This is a variable APR.

We have the right to apply the Penalty APR to new Transactions if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

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

Qualifications & exceptions

• Applies to new Transactions, per the table text.
• "Have the right to apply" is permissive: the text does not say it is applied automatically on every missed or returned payment.
• Minimum duration is at least 6 months; the end depends on a review every 6 months showing timely payments and no returned payments.

Not stated here

• The sentence "your payment is returned by your bank and we will notify you if we do" is ambiguous about whether "we will notify you" refers to applying the Penalty APR or to the returned payment; the text does not say.
• The text does not say whether balances that already exist are repriced; it speaks only of new Transactions.
• The text does not say how the 6-month review is carried out or whether a notice follows each review.

Charges & Financial Obligations · Company practice

Variable APRs follow the Prime Rate from the first day of the billing period and will not exceed 29.99%

If the Prime Rate increases, variable APRs and the corresponding Daily Periodic Rates increase, so you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting APR changes take effect as of the first day of the billing period during which the Prime Rate changed. Variable APRs will not exceed 29.99%.

Supporting quotations

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due.

When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed.

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• A change takes effect from the first day of the billing period in which the Prime Rate changed, so it can apply to days before the change.
• The 29.99% ceiling is stated for variable APRs; the text does not say whether it also caps the Penalty APR beyond that wording.

Not stated here

• The text says what happens if the Prime Rate increases; it does not spell out the corresponding effect of a decrease.
• The Daily Periodic Rate values are not shown in the agreement.

Charges & Financial Obligations · Context

Prime Rate means the highest Wall Street Journal U.S. Prime Rate on the billing period Closing Date

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If the Journal does not publish a rate that day, the issuer uses the rate from the previous day it was published. If the Journal stops being published or stops publishing the Prime Rate, the issuer may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period.

If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published.

If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

Qualifications & exceptions

• The substitute newspaper is chosen by the issuer ("may use"); no specific publication is named.

Charges & Financial Obligations · Company practice

No purchase interest if the whole balance is paid by the due date; cash advance interest starts on the transaction date

The table says the Due Date is at least 25 days after the close of each billing period. The issuer will not charge interest on purchases if you pay your entire balance each month by the due date. If you have a plan outstanding, the test is paying your balance adjusted for plans. Interest on cash advances begins on the transaction date. A later list in How We Calculate and When We Charge Interest adds that, with an active Plan It plan, paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date puts you in an Interest Free Period.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The no-interest result applies to purchases only; cash advances accrue interest from the transaction date.
• The condition is paying the entire balance (or, with a plan outstanding, the balance adjusted for plans) by the due date, not just the Minimum Payment Due.

Not stated here

• This table row says "the entire balance"; the later grace-period list says "New Balance"; the text does not explain whether these are meant to differ.

Cross-references

• qualified by (model-proposed): Purchases earn no interest during an Interest Free Period, which you enter by paying the New Balance by the due date — The grace-period list states the Interest Free Period test as paying the New Balance by the Payment Due Date (or having no previous balance), which qualifies the table row that speaks of paying the entire balance by the due date.

Charges & Financial Obligations · Company practice

Plan It carries a monthly plan fee of up to 1.33% instead of the purchase APR

A Plan Fee (Fixed Finance Charge) is a monthly fee of up to 1.33% of each purchase or amount moved into a plan. Its size depends on the plan duration, the APR that would otherwise apply to the purchase, and other factors. It is a fixed finance charge charged each month a plan is active. The dollar amount of the plan fee is disclosed before you set up a plan. The Part 2 description of the feature adds that purchases or amounts put in a plan are subject to a plan fee instead of the APR for purchases.

Supporting quotations

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

This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.

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

will be subject to a plan fee instead of the APR for purchases

Qualifications & exceptions

• "Up to 1.33%" is a ceiling; the actual percentage depends on duration, the otherwise-applicable APR and other factors.
• Charged monthly while a plan is active.

Not stated here

• "Other factors" are not named.
• The actual plan fee for a given plan is disclosed only at set-up, not in this text.

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.

Charges & Financial Obligations · Company practice

Annual fee is $650; each additional Delta Reserve card costs $175

The Rates and Fees Table lists the Annual Fee as $650. How Rates and Fees Work points back to that table entry. For each additional Delta Reserve card the issuer will charge $175.

Supporting quotations

Annual Fee | $650

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

We will charge $175 for each additional Delta Reserve card.

Qualifications & exceptions

• The $175 charge is per additional card.
• Fees are generally added to the purchase balance (see the fees-added card). Refund of an annual fee is addressed in Part 3, closing your Account, and is not repeated here.

Not stated here

• The text does not say here when the annual fee is billed or how often.

Cross-references

• qualified by (model-proposed): You may close the Account by calling or writing; the annual fee is refunded only within 30 days of its statement — The Annual Fee is refunded only if you close the Account within 30 days after the Closing Date of the statement showing the fee, and the refund does not apply to Massachusetts billing addresses.

Charges & Financial Obligations · Company practice

Fees go to the purchase balance unless the issuer says otherwise; the cash advance fee goes to the cash advance balance

The issuer adds fees to a purchase balance unless it tells you otherwise. The cash advance fee is the stated exception: it is added to the Cash Advance balance. Which balance a fee lands in matters because balances carry different interest rates.

Supporting quotations

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

We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• "Unless we tell you otherwise" lets the issuer place a fee elsewhere; the text gives no further rule.

Not stated here

• The text does not list every fee and the balance it is added to.

Charges & Financial Obligations · Company practice

Cash advance fee is 5% of the cash advance, minimum $10, and the ATM operator fee counts in the amount

The table says the fee is either $10 or 5% of the amount of each cash advance, whichever is greater. How Rates and Fees Work gives it as 5% of the cash advance transaction, including any fees charged by the ATM operator, with a minimum of $10.

Supporting quotations

Either $10 or 5% of the amount of each cash advance, whichever is greater.

5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10.

Qualifications & exceptions

• The fee base includes fees charged by the ATM operator, if any.

Charges & Financial Obligations · Company practice

No foreign transaction fee

The Transaction Fees row lists Cash Advance and Foreign Transaction in that order, with the values "Either $10 or 5% ... whichever is greater." and "None". So the Foreign Transaction fee is None, which How Rates and Fees Work confirms: "Foreign Transaction: None."

Supporting quotations

Transaction Fees • Cash Advance • Foreign Transaction

None

Foreign Transaction: None.

Qualifications & exceptions

• Part 3 separately describes how a foreign-currency charge is converted to U.S. dollars; the exchange rate used is not a fee line in this table.

Not stated here

• The conversion rate AE Exposure Management Ltd. uses is described in Part 3 and may differ from the rate on the day of the charge.

Charges & Financial Obligations · Company practice

Late payment fee is $29, then $40 if repeated within 6 billing periods, capped at the prior Minimum Payment Due

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

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit

Up to $40. Up to $40. None

Late Payment: Up to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40.

However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• $29 first, $40 on a repeat within the next 6 billing periods.
• Cap: the fee on a statement will not exceed the Minimum Payment Due on the prior statement.

Charges & Financial Obligations · Company practice

Returned payment fee is $29 the first time and $40 on a repeat, capped at the prior Minimum Payment Due

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

Supporting quotations

Up to $40. Up to $40. None

Returned Payment: Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40.

However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• The repeat window is the same billing period or the next 6 billing periods.

Charges & Financial Obligations · Company practice

No overlimit fee

The Penalty Fees row lists Late Payment, Returned Payment and Overlimit in that order with values "Up to $40. Up to $40. None", so Overlimit is None. How Rates and Fees Work says "Overlimit: None" and points to Credit Limit and Cash Advance Limit in Part 1.

Supporting quotations

Up to $40. Up to $40. None

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

Qualifications & exceptions

• No overlimit fee does not mean the Credit Limit is never enforced: the same Part 1 describes credit limit rules, and the Minimum Payment Due can include part of an overlimit amount (see the minimum payment card).

Charges & Financial Obligations · Company practice

Returned check fee is $38 plus the unpaid amount

If you use your card to cash a check at one of the issuer's approved locations and the check is returned unpaid, the fee is $38. The issuer will also charge you the unpaid amount.

Supporting quotations

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

Qualifications & exceptions

• Applies only to checks cashed with the card at approved locations.

Account & Service Control · Company practice

Account re-opening fee is $25 if a cancelled account is re-opened at your request

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

Supporting quotations

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

Charges & Financial Obligations · Company practice

Interest is figured with the average daily balance method, including new purchases

The table states that interest is calculated with the average daily balance method (including new purchases) and points to the How we calculate interest section in Part 2 for the details.

Supporting quotations

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

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.

Charges & Financial Obligations · Company practice

The issuer sets and may change your Credit Limit and Cash Advance Limit, even if you pay on time

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

Supporting quotations

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

The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default.

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

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

Qualifications & exceptions

• The issuer may reduce limits "even if you pay on time and your Account is not in default".
• The limits you must manage to include fees and interest, not only purchases.

Not stated here

• The text does not give the Credit Limit, the Cash Advance Limit or the ATM withdrawal limit amounts or period; they are shown elsewhere (page 1, statements).
• The text does not say what notice, if any, comes before a reduction.

Cross-references

• contrast (model-proposed): The issuer may approve charges over your Credit Limit with no overlimit fee, but can ask you to repay the excess — You agree to manage the Account so the balance is not more than the Credit Limit, yet the issuer may approve charges that take the balance over it and may then ask you to repay the excess promptly. The text does not say when the issuer asks.

Charges & Financial Obligations · Restriction or exception

The issuer may approve charges over your Credit Limit with no overlimit fee, but can ask you to repay the excess

The issuer may approve charges that push your Account balance over the Credit Limit. If it does, it will not charge an overlimit fee. If the issuer asks you to promptly pay the amount of your balance above the Credit Limit, you agree to do so. A separate minimum payment rule can add part of an overlimit amount to the Minimum Payment Due.

Supporting quotations

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

up to 1/24th of any overlimit amount

Qualifications & exceptions

• Approval of an over-limit charge is discretionary ("may approve").
• No overlimit fee, but the Minimum Payment Due can include up to 1/24th of any overlimit amount (see the minimum payment card).

Not stated here

• The text does not define "promptly" or say how the request to repay is made.

Cross-references

• contrast (model-proposed): Minimum Payment Due is the highest of three formulas plus penalty fees, plan payments, past-due and overlimit amounts — The overlimit card says that when the issuer approves charges above the Credit Limit it charges no overlimit fee, while the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount to the minimum. The agreement does not say how the two fit together beyond stating each.
• contrast (model-proposed): The issuer sets and may change your Credit Limit and Cash Advance Limit, even if you pay on time — You agree to manage the Account so the balance is not more than the Credit Limit, yet the issuer may approve charges that take the balance over it and may then ask you to repay the excess promptly. The text does not say when the issuer asks.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are limited to $2,000 in any 30-day period and may be declined

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage your Account so the total in any 30-day period does not exceed that Person-to-Person Limit. The issuer may not approve a person-to-person transaction if it would cause your Account to exceed the applicable person-to-person transaction limit or your Credit Limit.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $2,000 within any 30-day period. You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period do not exceed the Person-to-Person Limit.

We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable person-to-person transaction limit or your Credit Limit.

Qualifications & exceptions

• The $2,000 limit is measured over any 30-day period.
• A person-to-person transaction can also be refused because of the Credit Limit.

Not stated here

• The second sentence says "the applicable person-to-person transaction limit", which may be the $2,000 limit or another applicable limit; the text does not say.

Charges & Financial Obligations · Procedure

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

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

Supporting quotations

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

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

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

$40.

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

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

Qualifications & exceptions

• The three starting formulas exclude penalty fees, overlimit amounts and plan balances from the New Balance used; those items are added back as described.
• Only up to 1/24th of any overlimit amount is added.
• The Minimum Payment Due never exceeds the New Balance.

Cross-references

• contrast (model-proposed): The issuer may approve charges over your Credit Limit with no overlimit fee, but can ask you to repay the excess — The overlimit card says that when the issuer approves charges above the Credit Limit it charges no overlimit fee, while the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount to the minimum. The agreement does not say how the two fit together beyond stating each.

Charges & Financial Obligations · Context

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

The agreement works one example. Assume a New Balance of $2,900, interest of $29.57, and no active plans, overlimit amount, penalty fees or past-due amounts. The three formulas give $58.27 ($29.57 plus 1% of $2,900 minus $29.57), $58 (2% of $2,900) and $40. The highest, $58.27, is the starting amount. If the Account has any active plans, overlimit amount, penalty fees or amounts past due, the Minimum Payment Due will be higher.

Supporting quotations

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

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

$58 (2% of $2,900)

$40

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

Qualifications & exceptions

• An illustration only; the example assumes no plans, overlimit amount, penalty fees or past-due amounts.

Charges & Financial Obligations · Company practice

Purchases earn no interest during an Interest Free Period, which you enter by paying the New Balance by the due date

You are not charged interest on purchases when you are in an Interest Free Period. The Account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date, or the Account had no previous balance. When the Account is not in an Interest Free Period, interest is charged on purchases from the date of the transaction. The issuer points to the How we calculate interest section for more detail.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The test is paying the New Balance by the Payment Due Date, not the Minimum Payment Due.
• Outside an Interest Free Period, purchase interest runs from the transaction date.

Cross-references

• qualifies (model-proposed): No purchase interest if the whole balance is paid by the due date; cash advance interest starts on the transaction date — The grace-period list states the Interest Free Period test as paying the New Balance by the Payment Due Date (or having no previous balance), which qualifies the table row that speaks of paying the entire balance by the due date.

Charges & Financial Obligations · Company practice

Interest can still appear on the next statement after you return to an Interest Free Period

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

Supporting quotations

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

Qualifications & exceptions

• Applies when an Account that had been carrying interest pays in full and re-enters the Interest Free Period.

Charges & Financial Obligations · User right or choice

With an active Plan It plan, paying the Balance Adjusted for Plans by the due date enters an Interest Free Period

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

Supporting quotations

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

Qualifications & exceptions

• Applies only to an Account with an active Plan It plan.

Not stated here

• The term "Balance Adjusted for Plans" (or "Adjusted Balance") is not defined in this packet; the statement shows the figure.

Charges & Financial Obligations · Company practice

Balance transfers and cash advances are charged interest from the transaction date with no Interest Free Period

Balance Transfers and Cash Advances are charged interest from the date of the transaction and do not have an Interest Free Period. Paying the New Balance on time therefore does not remove interest on those balances.

Supporting quotations

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

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

Charges & Financial Obligations · Company commitment

You earn 1 mile per $1 of eligible purchases; fees, interest, cash advances and person-to-person are excluded

You receive 1 mile for each $1 of eligible purchases on the Card Account. Eligible purchases are purchases of goods and services minus returns and other credits. They do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents (including gift cards), or person-to-person transactions. Part 2 defines a "purchase" as a charge for goods, services, or person-to-person transactions, so the rewards supplement narrows that definition for earning miles.

Supporting quotations

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

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

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

A purchase is a charge for goods, services, or person-to-person transactions.

Qualifications & exceptions

• Eligible purchases are net of returns and other credits.
• Excluded categories are listed; the list uses "including" for cash equivalents.

Not stated here

• The text does not say how miles are rounded.
• The linked page americanexpress.com/rewardsinfo is not part of the text supplied.

Cross-references

• narrows (model-proposed): Definitions: a cash advance covers cash equivalents including digital currency, casino chips and betting transactions — Part 2 defines a purchase to include person-to-person transactions, while the rewards supplement lists person-to-person transactions among charges that are not eligible purchases for earning miles. The supplement narrows the definition for rewards.

Charges & Financial Obligations · Company commitment

You earn 2 additional miles (3 total) per $1 on Delta purchases submitted with a Delta merchant code

You receive 2 additional miles, a total of 3, for each $1 of eligible purchases on the Card Account for the listed purchases submitted using a Delta merchant code: air travel on a Delta flight, air travel on a Delta partner flight with a DL flight number, Delta Stays prepaid hotels and vacation rentals, Delta Vacations packages, and other Delta services.

Supporting quotations

You receive 2 additional miles (a total of 3) for each $1 of eligible purchases on your Card Account for the following purchases submitted to us using a Delta merchant code: air travel on a Delta flight air travel on a Delta partner flight with a DL flight number

Delta Stays prepaid hotels and vacation rentals

Delta Vacations® packages other Delta services

Qualifications & exceptions

• The extra miles depend on the purchase being submitted to the issuer using a Delta merchant code.
• The list is run together in this text; it appears to name five types of purchase.

Not stated here

• "Other Delta services" is not defined.
• The text does not say how a purchase's merchant code is determined or what happens if it is not a Delta merchant code.

Cross-references

• has exception (model-proposed): No additional miles for Delta flights bought as part of all-inclusive air or sea tour packages — Delta flights bought as part of all-inclusive air or sea tour packages do not earn the 2 additional miles, an exception to the additional miles for air travel on a Delta flight.

Charges & Financial Obligations · Restriction or exception

No additional miles for Delta flights bought as part of all-inclusive air or sea tour packages

You will not receive the additional miles for purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages. The text points to americanexpress.com/rewardsinfo for more information about rewards.

Supporting quotations

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

Please visit americanexpress.com/rewardsinfo for more information about rewards.

Qualifications & exceptions

• This limits only the additional miles; whether the 1 mile per $1 base rate applies is not stated here.

Not stated here

• The page americanexpress.com/rewardsinfo is referenced but not supplied, so any further rewards terms there are unknown.

Cross-references

• exception to (model-proposed): You earn 2 additional miles (3 total) per $1 on Delta purchases submitted with a Delta merchant code — Delta flights bought as part of all-inclusive air or sea tour packages do not earn the 2 additional miles, an exception to the additional miles for air travel on a Delta flight.

Charges & Financial Obligations · Permission or license

The issuer may make promotional bonus-mile offers whose terms can differ from the regular miles terms

From time to time the issuer may make promotional offers of bonus miles. Those offers include their own terms about how you can earn the bonus miles and when you can use them. Those offer terms may differ from the terms above on miles earned for charges to the Card Account, including about when you can use the miles.

Supporting quotations

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

Qualifications & exceptions

• Offer terms may differ from the base earning terms, including when miles can be used.

Not stated here

• No specific offer, amount or duration is described; offers are made "from time to time".

Account & Service Control · User right or choice

You can view your miles balance in your online account summary

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

Supporting quotations

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

Linking & Identification · Company practice

Miles are transferred to your Delta SkyMiles account after the end of the billing period in which you earn them

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

Supporting quotations

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

Not stated here

• The text does not give a number of days between the end of the billing period and the transfer.

Charges & Financial Obligations · Restriction or exception

Promotional bonus miles post 8 to 12 weeks after month end if the account is not cancelled or delinquent

Bonus miles awarded for promotional offers are posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at the time of bonus fulfillment.

Supporting quotations

Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment.

Qualifications & exceptions

• Eligibility is tested at the time of bonus fulfillment, not when the purchase was made.

Not stated here

• "Delinquent" is not defined in this passage.

Charges & Financial Obligations · Restriction or exception

Miles earned in the billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you forfeit the miles you earned for eligible purchases during that billing period. The agreement's example: if a billing period closes January 15, the minimum payment for that billing period is due February 10, and you do not pay it by February 10, you will not earn miles for purchases in the billing period ending February 15. So the miles lost are those for purchases in the billing period in which the missed due date falls.

Supporting quotations

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

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

Qualifications & exceptions

• The forfeiture is tied to the Minimum Payment Due and its Payment Due Date.
• Per the example, the forfeited miles are for purchases in the billing period containing the missed due date.

Not stated here

• The rule text says "the billing period in which it is due" and the example speaks of a minimum payment "for that billing period" closing January 15; the text does not say in plain words whether miles earned in the earlier period are also affected.
• The example's wording of the closing and due dates is quoted as published.

Cross-references

• qualified by (model-proposed): Forfeited miles can be reinstated within 12 billing periods for a $35 fee if the account is not past due — Forfeited miles can be reinstated within the next 12 billing periods if the Card Account is not past due and a $35 fee is paid.

Charges & Financial Obligations · User right or choice

Forfeited miles can be reinstated within 12 billing periods for a $35 fee if the account is not past due

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

Supporting quotations

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

Qualifications & exceptions

• Two conditions: the Card Account is not past due, and the $35 fee is paid.
• Window: the next 12 billing periods.

Not stated here

• The text does not say how the reinstatement is requested.

Cross-references

• qualifies (model-proposed): Miles earned in the billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date — Forfeited miles can be reinstated within the next 12 billing periods if the Card Account is not past due and a $35 fee is paid.

Charges & Financial Obligations · Restriction or exception

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

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

Supporting quotations

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

Not stated here

• The text does not say how the issuer decides whether a purchase is intended for personal, family or household use.

Account & Service Control · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• "May cancel" is discretionary.

Not stated here

• The text does not say what makes a Delta SkyMiles account "active" or how much notice precedes a cancellation.

Charges & Financial Obligations · Permission or license

The issuer may change the terms of this reward program at its discretion

The issuer may change the terms of this reward program at its discretion. The text does not tie this to notice or to applicable law, unlike the general right to change the Agreement in Part 2.

Supporting quotations

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

Not stated here

• No notice method or period for reward program changes is stated.

Cross-references

• contrast (model-proposed): The issuer may change the Agreement subject to applicable law; the written Agreement cannot be changed orally — 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.

Charges & Financial Obligations · Restriction or exception

Violating or abusing the reward program can cost you some or all of your miles

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

Supporting quotations

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

Not stated here

• "Violate or abuse" is not defined in this passage, and the text does not say who decides.

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.

Linking & Identification · Context

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, which are not part of this document

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. The agreement tells you to refer to that document for how to redeem your miles, Delta's right to change its program terms, and other conditions that may apply to Delta's program.

Supporting quotations

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. You should refer to that document for details on: how to redeem your miles,

Delta's right to change its program terms, and other conditions that may apply to Delta’s program.

Not stated here

• The Delta SkyMiles Membership Guide and Program Rules are not supplied, so redemption rules and Delta's program changes are unknown from this source.

Account & Service Control · Context

Card benefits and their terms are viewable in the account Benefits Dashboard, not set out here

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

Supporting quotations

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

Not stated here

• The benefit terms are not part of this document.

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.

Charges & Financial Obligations · Context

Definitions: a cash advance covers cash equivalents including digital currency, casino chips and betting transactions

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 that you have selected to pay over time through a set number of monthly payments using Plan It.

Supporting quotations

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions.

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

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.

Qualifications & exceptions

• These definitions decide which fee, interest rate and Interest Free Period rules apply: cash advances carry a separate APR, a cash advance fee and no Interest Free Period.
• The rewards supplement excludes cash advances and person-to-person transactions from eligible purchases.

Not stated here

• The text does not list every transaction that counts as "other offline and online betting transactions" or "cash equivalents".

Cross-references

• narrowed by (model-proposed): You earn 1 mile per $1 of eligible purchases; fees, interest, cash advances and person-to-person are excluded — Part 2 defines a purchase to include person-to-person transactions, while the rewards supplement lists person-to-person transactions among charges that are not eligible purchases for earning miles. The supplement narrows the definition for rewards.

Charges & Financial Obligations · Context

Definitions: "pay by" a date means received and credited by then; the Closing Date ends the billing period

To pay by a certain date means to send your payment so that the issuer receives it and credits it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

Supporting quotations

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• A payment sent on time but received or credited after the date is not "paid by" the date under this definition.

Account & Service Control · Restriction or exception

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

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

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers.

You cannot transfer balances from any other account issued by us or our affiliates.

You agree to use the Card for personal, family, or household purposes only.

Qualifications & exceptions

• Plans, cash advances and balance transfers are available only if the issuer permits them.
• Balances from other accounts issued by the issuer or its affiliates cannot be transferred.

Not stated here

• The text does not say whether balance transfers from other issuers are actually offered on this Card.

Sharing & Disclosure · User right or choice

If merchants store your Card number, the issuer may tell them about number, expiration or account status changes

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant can charge your Account at regular intervals. The issuer may (but is not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want the issuer to share your updated Account information, you can contact it using the number on the back of your Card.

Supporting quotations

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

We may (but are not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled.

If you do not want us to share your updated Account information, please contact us using the number on the back of your Card.

Qualifications & exceptions

• The issuer "may" share updates; it is not required to.
• The choice to stop the sharing is made by contacting the issuer.

Not stated here

• The text does not say which merchants or third parties receive updates or whether you are told when updates are sent.

Security & Safeguards · Restriction or exception

Keep your Card safe, report loss or unauthorized use right away, and do not use the Account for illegal activities

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

Supporting quotations

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

Not stated here

• This passage does not say how liability for unauthorized use is limited.

Account & Service Control · Restriction or exception

The issuer may decline a charge for various reasons, even within the limit, and is not responsible for resulting losses

The issuer may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if the charge would not take you over your Credit Limit and your Account is not in default. It is not responsible for any losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• The reasons listed are examples ("including"); the list is not exclusive.

Charges & Financial Obligations · Permission or license

Plan It lets the issuer offer you a payment plan for qualifying purchases, with a monthly plan fee

The issuer may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. The plan fee is a fixed finance charge charged each month that a plan is active. Whether you can create a plan depends on a variety of factors such as your creditworthiness and your Credit Limit.

Supporting quotations

About Plan It: We may offer you Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. This fee is a fixed finance charge that will be charged each month that a plan is active.

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

Qualifications & exceptions

• Plan It is offered at the issuer's discretion ("may offer").
• Ability to create plans depends on factors including creditworthiness and Credit Limit.

Not stated here

• The factors are not exhaustive and the actual plan fee is disclosed only when a plan is set up.

Charges & Financial Obligations · Procedure

A Plan It plan moves purchases into a plan balance that carries a plan fee instead of the purchase APR

You select qualifying purchases or a qualifying amount and a plan duration, and you can view the monthly plan payments, including the plan fee, for your selection. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. When you set up a plan, the purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases. A qualifying purchase is a purchase of at least a specified dollar amount. A qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to the issuer, such as Annual Fees.

Supporting quotations

You may use this feature by selecting qualifying purchases or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection.

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

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

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance.

Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• The plan fee replaces the purchase APR on the plan balance.
• Excluded from plans: cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, and fees owed to the issuer such as Annual Fees.

Not stated here

• The "specified dollar amount" and "specified portion of your balance" are not stated here.
• This Card's fee table lists no Foreign Transaction fee, so whether the foreign-transaction exclusion ever applies to this Card is not stated.

Charges & Financial Obligations · Restriction or exception

Plan It plans are not available in several situations, and the issuer sets the number, durations and combinations

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

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time.

The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

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

Qualifications & exceptions

• The blocks on creating plans cover your other American Express accounts as well as this one.
• The number of active plans can be changed "at any time".

Not stated here

• "Payment program" is not defined in this passage.
• The number of plans and the plan durations are not stated.

Charges & Financial Obligations · User right or choice

A plan cannot be cancelled, but you can pay it off early by paying the New Balance in full and avoid future plan fees

Plans cannot be cancelled after they have been created, but you can choose to pay them early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Supporting quotations

Plans cannot be cancelled after they have been created but you can choose to pay them early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Qualifications & exceptions

• Early payoff is done by paying the whole New Balance on the most recent statement.

Charges & Financial Obligations · Company commitment

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

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction. You must pay at least the Minimum Payment Due on or before the Payment Due Date in the time and manner shown on each billing statement.

Supporting quotations

Promise to pay: You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.

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

Qualifications & exceptions

• Responsibility reaches charges made by people you permit, with or without the Card present or a signature.

Charges & Financial Obligations · Procedure

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

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

Supporting quotations

How to make payments: Make payments to us in U.S. dollars with:

a single check drawn on a U.S. bank, or

a single negotiable instrument clearable through the U.S. banking system, for example a money order, or

an electronic payment that can be cleared through the U.S. banking system.

Charges & Financial Obligations · Procedure

Mailed payments need a separate payment per Account, the coupon address, and the Account number written on the check

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

Supporting quotations

When making a payment by mail:

make a separate payment for each Account,

mail your payment to the address shown on the payment coupon on your billing statement, and

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

Charges & Financial Obligations · Procedure

A compliant payment received on time is credited the day it arrives; a late or noncompliant one may be delayed

If your payment meets the stated requirements, it is credited to your Account as of the day it is received, as long as it is received by the time and in the manner disclosed in your billing statement. If it is received after that time, it is credited the day after it is received. If a payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges (see How Rates and Fees Work in Part 1). A payment counts as made by a date only when the issuer receives it and credits it by that date.

Supporting quotations

If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time and in the manner disclosed in your billing statement. If we receive it after that time, we will credit the payment on the day after we receive it.

If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late payment fees and additional interest charges (see the How Rates and Fees Work in Part 1).

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date.

Qualifications & exceptions

• Crediting date depends on meeting the billing statement's time and manner.
• A delay from a noncompliant payment can lead to late fees and additional interest.

Not stated here

• The cutoff time and manner are stated on the billing statement, not in this text.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; late, partial or restricted payments do not waive rights

The issuer will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside the U.S. If the issuer processes a late payment, a partial payment, or a payment marked with any restrictive language, that has no effect on its rights and does not change the Agreement.

Supporting quotations

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Charges & Financial Obligations · Procedure

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

If your Account has balances with different interest rates, Plan balances or Plan fees, the issuer generally applies payments in a billing period as follows. Payments up to the Minimum Payment Due go first to any Plan amounts included in the Minimum Payment Due, then to the balance with the lowest interest rate, then to balances with higher rates. After the Minimum Payment Due has been paid, payments go to the balance with the highest interest rate, then to balances with lower rates, then to any Plan balances.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees. If your Account has balances with different interest rates, Plan balances, or Plan fees, here is how we generally apply payments in a billing period:

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

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

Qualifications & exceptions

• The order is stated as how the issuer "generally" applies payments.
• Payment above the Minimum Payment Due goes to the highest-rate balance first, which includes cash advances if they carry the higher rate.

Charges & Financial Obligations · Procedure

Credits usually go to the balance of the related charge; a credit on a planned purchase needs a call

In most cases the issuer applies a credit to the same balance as the related charge; a credit for a purchase goes to the purchase balance. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If any balance is negative at the end of a billing period, the excess credit is redistributed to other balances under the payment order above, so in some cases Plan balances may be paid before they otherwise would. If you receive a credit for a purchase placed into a plan, you must call the number on the back of your Card to have the credit applied to the Plan balance.

Supporting quotations

In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above. This means that in certain circumstances, Plan balances may get paid before they otherwise would.

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

Qualifications & exceptions

• "In most cases" - the same-balance rule has stated exceptions.
• A credit on a purchase placed in a plan is applied to the plan only if you call.

Charges & Financial Obligations · Company practice

Interest is figured per balance with the Average Daily Balance method, including new transactions

The issuer calculates interest for a billing period by first figuring the interest on each balance. Different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within a category may also have different rates. The Average Daily Balance method (including new transactions) is used to figure interest on each balance, and the total interest for the billing period is the sum of the interest on each balance.

Supporting quotations

How we calculate interest: We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.

We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.

Charges & Financial Obligations · Procedure

Interest for a balance equals Average Daily Balance times the Daily Periodic Rate times the days in the billing period

Except for variations caused by rounding, the interest charged for a balance in a billing period equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. The ADB for a balance is the sum of its daily balances divided by the number of days in the billing period.

Supporting quotations

Interest: The interest charged for a balance in a billing period, except for variations caused by rounding, equals:

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.

Qualifications & exceptions

• Rounding can cause small variations.

Not stated here

• The actual DPR values are not stated in this agreement (see the DPR card in the packet that defines the DPR).

Cross-references

• qualified by (model-proposed): A DPR is 1/365th of an APR, but this agreement does not list any DPR values although it says they are in Part 1 — The interest formula multiplies by the DPR, and the DPR sentence says the DPRs are shown in Part 1, but the published agreement shows none. The formula therefore cannot be applied to numbers from this document alone.

Charges & Financial Obligations · Context

A DPR is 1/365th of an APR, but this agreement does not list any DPR values although it says they are in Part 1

The agreement defines a DPR (Daily Periodic Rate) as 1/365th of an APR, rounded to one ten-thousandth of a percentage point, and says "Your DPRs are shown in How Rates and Fees Work in Part 1." The published agreement does not show any DPR. Its How Rates and Fees Work section in Part 1 holds the Explanation of Variable Rates, Determining the Prime Rate, Fees, the credit and cash advance limits, the Minimum Payment Due calculation and when interest is charged, and none of these states a DPR. The Rates and Fees Table gives APRs as the Prime Rate plus a margin (some as a range), with no DPR values. This analysis does not calculate DPRs from the APRs or take them from any other agreement or from a cardmember's personal Part 1.

Supporting quotations

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

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

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

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period.

Qualifications & exceptions

• The DPR is defined only by its relationship to an APR; each DPR changes when its variable APR changes.

Not stated here

• The DPR values the text says are shown in Part 1 are not in the published agreement, so the daily rate used for any balance is not known from this document.
• The numeric Prime Rate is not stated, so the APRs are not numeric either.

Cross-references

• qualifies (model-proposed): Interest for a balance equals Average Daily Balance times the Daily Periodic Rate times the days in the billing period — The interest formula multiplies by the DPR, and the DPR sentence says the DPRs are shown in Part 1, but the published agreement shows none. The formula therefore cannot be applied to numbers from this document alone.

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, $2,250 ADB and a 30-day period give $29.57 of interest

The agreement works one example. Assume a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

Supporting quotations

Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period. The DPR is 15.99% divided by 365 days equals 0.0438%

The Interest is $2,250 multiplied by 0.0438% multiplied by 30 days equals $29.57

Qualifications & exceptions

• An illustration with an assumed rate; 15.99% is not an APR stated in this Card's Rates and Fees Table.

Charges & Financial Obligations · Procedure

A daily balance adds new charges and subtracts payments and credits, and a negative daily balance counts as zero

The daily balance for each balance is figured by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date. If the daily balance is negative, it is treated as zero.

Supporting quotations

Daily Balance: We figure the daily balance for each balance by:

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

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

Qualifications & exceptions

• New charges count from the transaction date.
• "Appropriate adjustments" are not described.

Not stated here

• The text does not say what adjustments are made.

Charges & Financial Obligations · Company practice

Interest compounds daily because each day's beginning balance includes the previous day's interest

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

Supporting quotations

Beginning balance: For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest.

For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest.

Qualifications & exceptions

• Unpaid interest from the prior period is part of the starting balance.

Charges & Financial Obligations · Permission or license

The issuer may use other equivalent interest methods and may choose not to charge interest on certain charges

To figure the ADB and interest charges, the issuer may use other formulas or methods that produce equivalent results. It may also choose not to charge interest on certain types of charges.

Supporting quotations

Other methods: To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges.

Qualifications & exceptions

• Other methods must produce equivalent results.

Not stated here

• The text does not say which types of charges might be exempted from interest.

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.

Account & Service Control · Permission or license

The issuer may issue additional Cards at your request; their use is covered by the Agreement and may be reported

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

Supporting quotations

Additional Card Members: We may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies.

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

Qualifications & exceptions

• Additional Cards are issued at your request; "may issue" leaves the decision to the issuer.

Not stated here

• The page reference to page 2 of Part 1 is quoted as published; the $175 per additional card fee appears in the How Rates and Fees Work text.

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members and those they allow, who can also get Account details

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account, and you must pay for all charges made. You also authorize the issuer to give Additional Card Members information about your Account and to discuss it with them. Contact the issuer if you want to cancel an Additional Card Member's ability to use your Account. If an Annual Fee applies for an Additional Card, the refund policy is the one disclosed in the Closing or suspending your Account sub-section of Part 3. If a single Annual Fee applies for a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made.

You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.

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

Qualifications & exceptions

• Responsibility covers people the Additional Card Members allow to use the Account.
• Cancelling an Additional Card Member's ability requires contacting the issuer.

Not stated here

• The annual fee refund terms themselves are in Part 3 and are not repeated here.

Cross-references

• refers to (model-proposed): You may close the Account by calling or writing; the annual fee is refunded only within 30 days of its statement — The Additional Card Member paragraph sends you to the refund policy in the Closing or suspending your Account sub-section of Part 3, which is the passage on annual fee refunds and the Massachusetts exception.

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.

Use & Processing · Permission or license

You authorize the issuer, affiliates and contractors to contact you by any lawful method, including automated calls

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

Supporting quotations

Servicing and Collections: If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you.

We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• The authorization reaches affiliates, agents and contractors, not only the issuer.
• Contact numbers include ones the issuer "believes" can reach you, not only those you gave.
• Methods are limited to those "permitted by law".

Not stated here

• The text does not describe any way to opt out of calls, texts or automated dialing.

Data Access & Collection · Company practice

The issuer may monitor and record calls between you and it

The issuer may monitor and record any calls between you and it.

Supporting quotations

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

Not stated here

• The text does not say why calls are recorded, how long recordings are kept, or whether you are told when a call is recorded.

Account & Service Control · Procedure

You must tell the issuer right away if your address, email or phone changes, separately for each Account

You must notify the issuer immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify the issuer separately for each Account. The issuer may update your billing address if it receives information that it has changed or is incorrect.

Supporting quotations

Changing your contact information: You must notify us immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify us separately for each Account. We may update your billing address if we receive information that it has changed or is incorrect.

Qualifications & exceptions

• Notice is required for each Account separately.

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.

Sharing & Disclosure · Permission or license

The issuer may get credit reports and other information, use them for any purpose such as marketing, and report you

You agree that the issuer will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You agree it will use that information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law. You agree it will give information about the Account to credit reporting agencies and will tell a credit reporting agency if you fail to comply with the Agreement, which may have a negative impact on your credit report.

Supporting quotations

Credit reports: You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income. And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law.

You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with the terms of this Agreement. This may have a negative impact on your credit report.

Qualifications & exceptions

• Use of the information for any purposes is "subject to applicable law".

Not stated here

• The other sources of information are not named, and the text does not say how often information is re-verified.

Account & Service Control · Procedure

If credit bureau information looks wrong, write to the American Express Credit Bureau Unit with the specific information

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

Supporting quotations

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

Account & Service Control · Restriction or exception

The issuer may treat the Account as in default for a violation, false information, bankruptcy or inability to pay

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

Supporting quotations

Default: We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have with us or an affiliate, or

we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

• "May consider" leaves default to the issuer's judgment.
• The last trigger rests on what the issuer "believes".

Not stated here

• The text of any other document the Agreement may refer to is not supplied here, so this card cannot say which provisions a violation would involve beyond what is stated.

Account & Service Control · Permission or license

On default, incapacity or death the issuer may suspend charges, cancel features and demand the balance

If the issuer considers your Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than the Minimum Payment Due immediately, and require you to pay your Account balance immediately.

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Qualifications & exceptions

• Remedies apply "to the extent permitted by federal and applicable state law".
• The triggers include incapacity or death, not only default.

Charges & Financial Obligations · Restriction or exception

You agree to pay the issuer's reasonable costs of collecting what you owe, including attorneys' fees

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

Supporting quotations

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

Qualifications & exceptions

• Only "reasonable" costs.

Account & Service Control · Permission or license

The issuer may cancel the Account or suspend charges or features at any time for any reason; you still owe all charges

The issuer may, at any time and for any reason, cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account. If it does any of these, you must still pay for all charges under the Agreement. If the issuer later agrees to reinstate your Account, it may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

• No cause is required: "at any time and for any reason".

Not stated here

• The amount of the reinstatement fee is not stated in this passage; elsewhere the text states a $25 re-opening fee.

Account & Service Control · User right or choice

You may close the Account by calling or writing; the annual fee is refunded only within 30 days of its statement

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

Supporting quotations

You may close your Account by calling us or writing to us.

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after this 30-day period, the Annual Fee is non-refundable.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

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

Qualifications & exceptions

• Refund requires voluntary closing and notice within 30 days after the Closing Date of the statement showing the fee.
• The refund policy does not apply to Massachusetts billing addresses.

Not stated here

• The text does not say what refund rule applies to a Massachusetts billing address instead.
• The re-opening fee is stated here as "may charge"; the Rates and Fees text states it as $25.

Cross-references

• qualifies (model-proposed): Annual fee is $650; each additional Delta Reserve card costs $175 — The Annual Fee is refunded only if you close the Account within 30 days after the Closing Date of the statement showing the fee, and the refund does not apply to Massachusetts billing addresses.
• referred to by (model-proposed): You are responsible for all use by Additional Card Members and those they allow, who can also get Account details — The Additional Card Member paragraph sends you to the refund policy in the Closing or suspending your Account sub-section of Part 3, which is the passage on annual fee refunds and the Massachusetts exception.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic transfer from your bank account, possibly the same day

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

Supporting quotations

When you pay us by check; permission for electronic debit: When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account.

When we do this, your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, we may process your payment as a check transaction.

Qualifications & exceptions

• The authorization is for a one-time transfer for each check payment.

Not stated here

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

Charges & Financial Obligations · Company practice

AE Exposure Management Ltd. converts foreign-currency charges to U.S. dollars at a rate it chooses, within stated limits

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") converts it into U.S. dollars on the date the issuer or its agents process it, and the issuer bills you in U.S. dollars on that basis. Unless a particular rate is required by law, AEEML chooses a conversion rate that is acceptable to the issuer for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates those establishments use.

Supporting quotations

Converting charges made in a foreign currency: If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.

Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge.

We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• The conversion date is when the issuer or its agents process the charge, which may differ from the charge date.
• The text sets a ceiling (no more than the highest official or interbank rate) rather than one fixed rate.
• No foreign transaction fee is listed in the Rates and Fees Table, and this passage describes the conversion rate separately.

Not stated here

• The text does not say how AEEML's rate compares to a typical market rate or whether any markup is included within the stated ceiling.
• The relationship between AEEML and the issuer is not described beyond the name.

Data Access & Collection · Company practice

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

Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, the issuer collects certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Supporting quotations

Privacy Act of 1974: Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Qualifications & exceptions

• Applies to charges made at federal agencies that accept the Card.
• "Such as" means the listed routine uses are examples.

Not stated here

• The text does not say which charge information is collected or which agencies are meant.
• The Federal Register notices are not supplied.

Sharing & Disclosure · Context

Affiliates may tell you about products that carry fees and may be compensated, which can influence what they recommend

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

Supporting quotations

About insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this.

The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Not stated here

• The text does not name the products or say how much compensation is paid.

Sharing & Disclosure · Permission or license

The issuer may share information about you with affiliates to identify products for you, and may be compensated

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

Supporting quotations

We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information.

Not stated here

• The text does not say which information is shared, which affiliates receive it, or whether you can limit this sharing; any privacy notice is not part of this document.

Account & Service Control · Permission or license

The issuer may add, change or remove any benefit, feature or service tied to your Account at its discretion

The issuer has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion.

Supporting quotations

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

Qualifications & exceptions

• No notice or limit is stated in this sentence.

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.

Charges & Financial Obligations · User right or choice

Notice to Oregon residents: service charges are limited to those the law permits, and you may pay more than the minimum

The notice to Oregon residents says that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, and that you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• Labeled as a notice to Oregon residents; the text does not say how Oregon status is determined (for example by billing address).

Not stated here

• The text does not say whether the Oregon notice changes any rate or fee stated elsewhere.

Charges & Financial Obligations · User right or choice

Notice for Washington residents: no interest caused solely by delay in posting a return credit

The notice for residents of Washington State refers to Section 63.14.167 of the Revised Code of Washington Statutes. It says you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to the issuer, within seven working days, a credit for goods or services accepted for return or forgiven, if you have notified the issuer of the merchant's delay in posting the credit, or from the issuer's failure to post the credit to your Account within three working days of receiving it.

Supporting quotations

Notice for residents of Washington State: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your Account within three working days of our receipt of the credit.

Qualifications & exceptions

• Applies to interest charges resulting solely from the posting delay.
• The first branch needs you to have notified the issuer of the merchant's delay.

Not stated here

• The statute itself is not supplied; this card relies only on how the agreement words the notice.
• The text does not say how Washington status is determined or how to notify the issuer of a merchant's delay.

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.

Supporting quotations

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

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued.

The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• 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.

Supporting quotations

Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• 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.

Supporting quotations

Additional Arbitration Awards: If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:

(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Qualifications & exceptions

• 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.

Supporting quotations

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

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.

Supporting quotations

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.

Supporting quotations

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

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.