Version: dated as of 06/30/2026, issued by American Express National Bank
This is Part 1 of 3 of a Card Member Agreement for the Charles Schwab Investor Credit Card from American Express. The document gives itself an "As of" date of 06/30/2026 and names American Express National Bank as the issuer.
Details
Who
American Express National Bank (issuer)
When
As of 06/30/2026
What it covers
Charles Schwab Investor Credit Card from American Express
Supporting quotations
As of: 06/30/2026 Issuer: American Express National Bank
Charles Schwab Investor Credit Card® from American Express
Qualifications & exceptions
The date is the document's own "As of" date. The text does not call it an effective date or say when it takes effect for any particular Card Member.
Not stated here
This public text does not say whether a Card Member's own copy of Part 1 differs from it.
Legal Rights & Agreement Rules · Context
The agreement is Parts 1, 2 and 3 plus supplements; a copy can be requested
Part 1, Part 2, Part 3 and any supplements or amendments make up the Card Member Agreement. A copy can be requested through the online account or by calling the number on the back of the Card.
Details
What it covers
Card Member Agreement: Part 1, Part 2, Part 3, supplements and amendments
What it does
You can request a copy by online account or phone
Supporting quotations
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.
Not stated here
Supplements or amendments other than the rewards supplement in this text are not supplied.
The rewards supplement points to pending changes at the end of the document
The Supplement to the Card Member Agreement tells the reader to look at the end of the document for any pending changes to the supplement.
Details
What it covers
Pending changes to the Supplement
Supporting quotations
Please refer to the end of this document for any pending changes to this Supplement to your Card Member Agreement.
Legal Rights & Agreement Rules · Context
No pending updates to the rewards supplement are currently listed
Under the heading for important changes to the supplement, the document says that currently there are no updates.
Details
What it covers
Pending changes to the rewards supplement: none listed
Supporting quotations
Currently, there are no updates.
Qualifications & exceptions
This reflects the document as of its "As of" date of 06/30/2026.
Legal Rights & Agreement Rules · User right or choice
Using the Card means you agree; you can cancel without fees if the Account is unused or unpaid
The Card Member Agreement is Part 1, Part 2 and Part 3 plus any supplements or amendments. When you use the Account, or sign or keep the Card, you agree to its terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel the Card without obligation to pay any fees.
Details
Condition
Use the Account, or sign or keep the Card, and you agree to the Agreement
Condition
Account not yet used or no payment made after receiving a billing statement
What it does
Cancel the 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
The no-fees cancellation right is described only for a Card where the Account has not yet been used or a payment made.
Not stated here
The sentence uses "or" between "used the Account" and "made a payment ... after receiving a billing statement"; it does not spell out whether the right ends once either has happened or only once both have.
No time limit for this cancellation right is given in this sentence.
Legal Rights & Agreement Rules · Permission or license
The company may change the Agreement; oral changes do not count
The company may change the Agreement, subject to applicable law. The written Agreement is described as the final expression of the agreement governing the Account and cannot be modified or amended by any alleged oral agreement.
Details
Who
The company ("we")
What it does
May change the Agreement, subject to applicable law
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.
Not stated here
This sentence does not say how a change is notified, how much notice is given, or whether you can reject a change.
Key definitions: who "we" and "you" are, Primary and Additional Card Members, and what a Card is
"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 the Account was opened, called the Basic or Primary Card Member. You may request a Card for an Additional Card Member, and the company may issue additional Cards at your request. "Card" means any American Express Card or other device that the company issues to access the Account.
Details
Who
Issuer is "we"; the applicant is "you" (Basic or Primary Card Member)
What it covers
Card: any American Express Card or other device that accesses the Account
Supporting quotations
We, us, and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for this Account and for whom we opened the Account. We will refer to you as either the Basic or Primary Card Member. You may request a Card for an Additional Card Member. Card means any American Express Card or other device that we issue to access your Account.
We may issue additional Cards on your Account at your request.
Legal Rights & Agreement Rules · User right or choice
Covered borrowers under the Military Lending Act: the arbitration provision does not apply to them
If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. The text adds: "However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement." The document does not explain how those two sentences fit together, for example who may elect arbitration for a covered borrower or what happens when someone does. The paragraph also gives a number (855-531-0379) to hear this statement and a description of the payment obligation.
Details
Condition
You are a covered borrower under the Military Lending Act
Exception
Arbitration provision does not apply to you
Supporting quotations
If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.
To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.
Not stated here
The document does not define "covered borrower" beyond referring to the Military Lending Act.
Whether a covered borrower or the company may elect arbitration, and the effect of doing so, is not explained beyond the quoted sentence.
Legal Rights & Agreement Rules · Permission or license
The company may sell or transfer the Agreement and Account without notice; you may not
The company may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement.
Details
Who
The company may assign; you may not
When
At any time, without notice to you
Supporting quotations
We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.
The company may choose to delay enforcing or not exercise its rights under the Agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.
Details
Who
The company
What it does
May delay or not exercise rights without waiving them
Supporting quotations
We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.
Governing law: Utah and federal law; Maryland residents' accounts are offered under Maryland Commercial Law
Utah law and federal law govern the Agreement and the Account without regard to internal principles of conflicts of law. The Agreement states it was entered into with you in Utah, where the company is located and holds the Account. For Maryland residents (an Account with a Maryland billing address), the company elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article, to the extent, if any, that Maryland law applies.
Details
Where
Utah and federal law govern
Where
Maryland billing address: Maryland Commercial Law Title 12, Subtitle 9
Supporting quotations
Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.
Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.
Qualifications & exceptions
The Maryland statement applies only to an Account with a Maryland billing address and "to the extent, if any" Maryland law applies.
Not stated here
What Title 12, Subtitle 9 of the Maryland Commercial Law Article provides is not in this document.
Legal Rights & Agreement Rules · User right or choice
Claims Resolution: call Customer Service first; arbitration can be rejected within 45 days of your first Card purchase
The section says most concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service cannot resolve a complaint, the section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the rejection must be mailed within that period and the detailed requirements appear in the Right to Reject Arbitration paragraph.
Details
What it does
Reject the arbitration provision by written notice
When
Within 45 days after your first Card purchase
Supporting quotations
Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.
You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.
Your rejection notice must be mailed within 45 days after your first Card purchase.
Qualifications & exceptions
The rejection window runs from the first Card purchase; the text does not say it extends if there is no purchase.
What counts as a "Claim": almost any dispute about the Account, the Agreement or your relationship with the company
"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 company, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements or its balances, advertisements, promotions or statements related to accounts, goods or services financed under any account, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.
Details
What it covers
Any claim relating to your Account(s), the Agreement, or any relationship with the company
Exception
Validity, enforceability or scope of the Arbitration provision
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.
(1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and
(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim.
Qualifications & exceptions
Claims about the validity, enforceability or scope of the Arbitration provision itself are carved out of the definition of a Claim.
Not stated here
The text does not say who decides questions about the validity, enforceability or scope of the Arbitration provision, since they are excluded from the definition of Claim.
Before suing, mediating or arbitrating, send a written claim notice describing the claim and the relief demanded
Before beginning a lawsuit, mediation or arbitration, you and the company agree to send a written claim notice to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. A sample notice is at americanexpress.com/claim. The 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 the company 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 relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.
Details
Condition
Written claim notice sent before a lawsuit, mediation or arbitration
What it covers
Claim notice describes the claim and states the specific relief demanded
Supporting quotations
Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.
The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.
If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.
Not stated here
The text does not say how long the parties must wait after a claim notice before starting a lawsuit or arbitration.
Legal Rights & Agreement Rules · User right or choice
Mediation: either side may use JAMS or AAA within 30 days after a claim notice, and the company pays the mediator
In mediation, a neutral mediator helps the parties reach agreement but does not decide the claim. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, you or the company may submit the claim to JAMS or the American Arbitration Association for mediation, and the company pays the mediator's fees. Mediation communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date the claim notice is sent until the mediation ends, either party may end mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.
Details
What it does
Submit the claim to JAMS or AAA for mediation
When
Within 30 days after sending or receiving a claim notice
Exception
The company pays the mediator's fees
Supporting quotations
Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.
All mediation-related communications are confidential, inadmissible in court and not subject to discovery.
All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Either side may elect individual arbitration, which replaces court and jury trial
You or the company 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 company has the right to litigate that claim in court or have a jury trial on that claim. The company says it will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise either side may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.
Details
Who
You or the company
What it does
Elect individual arbitration of any claim
Exception
No court or jury trial for a claim once arbitration is chosen
Exception
Company will not elect arbitration for an individual claim pending only in small claims court
Supporting quotations
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
The small claims carve-out limits only the company's election and only while the claim is individual and pending only in small claims court.
Unless you reject the arbitration provision within 45 days after your first Card purchase, it applies to you.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration limits: no class or representative participation, more limited discovery, and very limited review
If arbitration is chosen, you and the company will not have the right to participate in a representative capacity or as a member of any class for a claim subject to arbitration. Arbitration procedures are generally simpler than in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and the company alone, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth in the appeal provisions below, the decision is final and binding, and other rights you or the company would have in court may also not be available. If any portion of the Limitations on Arbitration is held invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply.
Details
Exception
No class or representative participation in arbitration
Exception
Limited discovery; limited court review; decision final and binding except for the appeal provisions
Condition
If a Limitations on Arbitration term is invalid, the Arbitration provision falls away
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. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.
The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
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
These limits apply to claims actually sent to arbitration; they do not apply to a claim you keep in court because arbitration was not elected or was rejected.
Not stated here
The text says "Other rights you or we would have in court may also not be available" without listing them.
Starting arbitration: claim notice first, then JAMS or AAA chosen by the electing party
Before beginning arbitration, a claim notice must first be sent. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If the company chooses the organization, you may select the other within 30 days after receiving notice of the company's selection. Claims may also be referred to another arbitration organization if you and the company agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16.
Details
Who
The party electing arbitration selects JAMS or AAA
When
Within 30 days after you receive notice of the company's selection, you may select the other organization
Condition
A claim notice must first be sent
Supporting quotations
Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.
Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.
Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Not stated here
The sentence "If we choose the organization, you may select the other within 30 days" does not say what happens to the claim once you select the other organization.
The Federal Arbitration Act provision cited is outside this document and was not supplied.
Legal Rights & Agreement Rules · Restriction or exception
Small claims court carve-out, timing of the election to arbitrate, and no waiver by delay
The company 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 company may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate, without waiving the right to exercise or enforce them.
Details
Exception
The company will not elect arbitration for an individual claim pending only in small claims court
When
Election allowed at any time until trial has begun or final judgment 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.
Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
Qualifications & exceptions
The small claims carve-out limits only the company's election and only while the claim is individual and pending only in small claims court.
Legal Rights & Agreement Rules · Restriction or exception
Limitations on Arbitration: individual basis only, with no class or representative arbitration
If either party elects arbitration, the 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.
Details
Condition
Either party elects arbitration
Exception
No class or representative arbitration
Supporting quotations
Limitations on Arbitration: If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.
Qualifications & exceptions
This applies to a claim for which arbitration has been elected.
Legal Rights & Agreement Rules · Restriction or exception
If a Limitation on Arbitration is held invalid, the entire arbitration provision falls away
Notwithstanding any other provision, and without waiving the right to appeal that decision, if any portion of the Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Details
Condition
Any portion of the Limitations on Arbitration is deemed invalid or unenforceable
Exception
The entire Arbitration provision (other than this sentence) will not apply
Supporting quotations
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Qualifications & exceptions
The rest of the Claims Resolution section has its own severability sentence in the Continuation paragraph, which excepts this Limitations on Arbitration provision.
Arbitration procedures: the FAA governs, substantive law applies, and court discovery and evidence rules do not
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. At your election, arbitration hearings take place in the federal judicial district of your residence. Judgment upon any award may be entered in any court having jurisdiction.
Details
What it covers
Arbitration procedure and applicable law
Where
Hearing in the federal judicial district of your residence, at your election
Supporting quotations
This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.
Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is confidential, with an exception for notifying government authorities
You and the company agree that the arbitration will be confidential and that neither will 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.
Details
Exception
No disclosure of the proceeding or its outcome, except notifying a government authority
Supporting quotations
You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.
Not stated here
The text does not say whether a party may discuss the arbitration with its own advisers or in a later court proceeding to enforce the award.
Legal Rights & Agreement Rules · User right or choice
For claims of $10,000 or less, you choose documents only, a telephone hearing or an in-person hearing
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.
Details
Condition
Your claim is for $10,000 or less
What it does
Choose documents only, telephone hearing or in-person hearing
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.
Appeal: notify within 35 days; a three-arbitrator panel decides anew on written submissions
The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal an award under the Federal Arbitration Act. 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.
Details
When
Notify within 35 days after the award is issued
What it covers
Three-arbitrator panel decides anew by majority vote on written submissions
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.
Not stated here
The text does not say who pays for an appeal panel; the arbitration fee paragraph refers only to arbitration fees generally.
Legal Rights & Agreement Rules · User right or choice
Arbitration fees: your share is capped at a court filing fee; a minimum $5,000 award if you beat the final offer
You are responsible for your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought the claim in court. The company is responsible for any additional arbitration fees. At your written request, the company will consider in good faith making a temporary advance of your share of fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer the company made before the final hearing, the award will include any money to which you are entitled, but in no case less than $5,000, and any reasonable attorneys' fees, costs and expert and other witness fees.
Details
What it covers
Your share of arbitration fees capped at the court filing fee
Condition
Arbitrator rules in your favor for more than the company's final offer before the final hearing
What it covers
Award includes the money entitled (at least $5,000) plus reasonable attorneys' fees, costs and witness fees
Supporting quotations
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.
If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:
(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Qualifications & exceptions
The advance of fees or payment of an expert is only something the company will "consider in good faith", not a commitment to do.
Legal Rights & Agreement Rules · User right or choice
How to reject arbitration: a signed notice mailed within 45 days, which also covers your other open accounts
You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. A sample is at americanexpress.com/reject. The notice must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature; no one else may sign it. If it complies, 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 when you send the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service with your Account.
Details
When
Mailed within 45 days after your first Card purchase
Condition
State rejection and include name, address, Account number and personal signature (no one else may sign)
Exception
Corporate Card accounts and claims in pending litigation or arbitration are excepted
Supporting quotations
You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.
Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.
If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.
Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.
Qualifications & exceptions
The rejection must be mailed within 45 days after the first Card purchase and must follow the stated content requirements.
The Claims Resolution section survives account closure, payoff, collection, bankruptcy and sale of the Account
The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account; if the Account is sold, its terms apply to the buyer. If any portion of the section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it does not invalidate the remaining portions.
Details
When
Survives termination, payoff, collection proceedings, bankruptcy and sale of the Account
Exception
Limitations on Arbitration invalidity is handled separately
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.
Notices are sent by mail, courier or electronically and count as given when mailed or delivered
The company sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically.
Details
Who
The company
When
A notice is considered given when mailed or delivered electronically
Supporting quotations
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 received.
Legal Rights & Agreement Rules · Restriction or exception
If the company credits a disputed charge, you transfer your claims against the merchant to it
If you dispute a charge with a merchant, the company may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to the company 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 company if it decides to pursue it.
Details
Condition
The company credits all or part of a disputed charge
What it does
You assign claims (excluding tort claims) against the merchant and do not pursue the credited amount
Supporting quotations
If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so.
Qualifications & exceptions
Tort claims are excluded from the transfer.
Not stated here
The sentence "you must cooperate with us if we decide to do so" does not say what "do so" refers to, though it follows the sentence about not pursuing claims against the merchant.
Legal Rights & Agreement Rules · Restriction or exception
Default: the company may treat the Account as in default on rule breaks, false information, bankruptcy or doubts
The company may consider the 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 company or an affiliate, or if the company believes you are unable or unwilling to pay your debts when due.
Details
Who
The company
Condition
Violation, false information, bankruptcy, default elsewhere, or belief you cannot or will not pay
Supporting quotations
Default: We may consider your Account to be in default if:
you violate a provision of this Agreement,
you give us false information,
you file for bankruptcy,
you default under another agreement you have with us or an affiliate, or
we believe you are unable or unwilling to pay your debts when due.
Qualifications & exceptions
The last ground rests on the company's belief, not on a missed payment.
Not stated here
Provisions of "this Agreement" that sit in supplements or amendments not included in this source text are not supplied here, so the card cannot say what they require.
Legal Rights & Agreement Rules · Permission or license
On default, incapacity or death the company may suspend, cancel and demand the full balance
If the company considers the Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on the Account, require you to pay more than the Minimum Payment Due immediately, and require you to pay the whole Account balance immediately.
Details
Condition
Default, incapacity or death
What it does
Suspend charging, cancel or suspend features, require more than the minimum or the full 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
Each action is limited "to the extent permitted by federal and applicable state law".
Legal Rights & Agreement Rules · Permission or license
The company may cancel or suspend the Account at any time for any reason; you still owe all charges
The company 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, you must still pay for all charges under the Agreement. If it later agrees to reinstate the Account, it may reinstate additional Cards issued on the Account and charge you any applicable annual fees and a fee to reinstate the Account.
Details
Who
The company
What it does
May cancel the Account or suspend charges or features at any time for any reason
Exception
You still owe all charges
Supporting quotations
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.
Not stated here
The amount of the reinstatement fee is not stated in this sentence; the Fees section lists an Account re-opening fee of $25.