Morgan Stanley Blue Cash Preferred® American Express Card Agreement

Legal Rights & Agreement Rules · Context

The Card Member Agreement is Parts 1, 2 and 3 plus supplements or amendments; 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. The reward program terms that follow are a supplement to the Card Member Agreement.

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

Supplement to the Card Member Agreement

Qualifications & exceptions

• Parts and supplements together form the Card Member Agreement.

Legal Rights & Agreement Rules · Context

Using the Account means agreeing to the Agreement; you can cancel before use without paying fees

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

Supporting quotations

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.

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.

Qualifications & exceptions

• Agreement is shown by using the Account, or signing or keeping the Card.
• The no-fee cancellation applies only if you have neither used the Account nor made a payment after receiving a billing statement.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement, subject to applicable law; oral changes do not count

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.

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

Qualifications & exceptions

• Changes are subject to applicable law.

Not stated here

• This passage does not say how or when the issuer notifies you of a change.

Legal Rights & Agreement Rules · Context

Definitions: we, you, Basic or Primary Card Member, Additional Card Member, Card, Closing Date

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

Details not recorded for this card

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.

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

• "Pay by" a date is met only when the payment is received and credited by that date.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: credit cost to covered borrowers may not exceed a 36 percent annual percentage rate

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

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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

• Described as the general rule ("In general"), with exceptions for certain application and participation fees.
• Applies to members of the Armed Forces and their dependents.

Not stated here

• Which application and participation fees are the excepted ones is not specified in this passage.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers under the Military Lending Act are not bound by the Arbitration provision, but may elect arbitration

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, the issuer will comply with its obligations under the Claims Resolution section. To listen to this statement and a description of your payment obligation for this Account, you can call 855-531-0379.

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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 to covered borrowers under the Military Lending Act.
• The election to arbitrate is the covered borrower's; the issuer commits to comply if arbitration is elected.

Not stated here

• The Claims Resolution section is in a later part of the agreement; its terms are not restated here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which replaces court, jury trial and class participation — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, unless the borrower elects arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If the issuer credits a disputed charge, you assign it your claims against the merchant (except tort claims)

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 do so.

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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 only if the issuer credits the Account for all or part of the disputed charge.
• Tort claims are excluded from the assignment.
• Covers the credited amount.

Legal Rights & Agreement Rules · Permission or license

The issuer may sell or assign the Agreement and Account without notice; you may not transfer yours

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

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

Qualifications & exceptions

• No notice to you is required for the issuer's transfer.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it

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

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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; Maryland billing addresses get a stated election under Maryland law

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 pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.

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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 to Accounts with a Maryland billing address, and only "to the extent, if any, that Maryland law applies".

Not stated here

• Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied here, so this card cannot say what it provides.
• Whether Maryland law applies to a particular Account is not stated.

Legal Rights & Agreement Rules · Context

Call Customer Service first; disputes go to mediation, arbitration or litigation; arbitration can be rejected

The issuer 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 to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase. The separate rejection paragraph says the rejection notice must be mailed within 45 days after your first Card purchase.

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Claims Resolution

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

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

Qualifications & exceptions

• The rejection window is 45 days after your first Card purchase.
• The details of the rejection notice are in the Your Right to Reject Arbitration paragraph.

Cross-references

• narrowed by (model-proposed): Rejecting arbitration: written notice mailed within 45 days with name, address, Account number and signature — The rejection paragraph gives the full requirements behind the overview's 45 day rejection summary.

Legal Rights & Agreement Rules · Restriction or exception

In this section, you and us include parents, subsidiaries, affiliates and related persons; claims cannot be sold

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. Outside this section, "you" and "your" mean the person who applied for the Account and for whom it was opened. You may not sell, assign or transfer a claim.

Supporting quotations

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

You may not sell, assign or transfer a claim.

You and your mean the person who applied for this Account and for whom we opened the Account.

Qualifications & exceptions

• The wider meaning of "you and us" applies for this section.

Legal Rights & Agreement Rules · Context

"Claim" covers any current or future dispute about the Account, Agreement or relationship, with a long list of examples

"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. It 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.

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

• Includes current and future claims, and claims about any agreement or relationship you have or had with the issuer.
• The listed examples are not exhaustive ("includes but is not limited to").
• Disputes over the validity, enforceability or scope of the Arbitration provision itself are carved out of the definition.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, each side sends a written claim notice stating the relief demanded

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 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 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 relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules. A sample claim notice is at americanexpress.com/claim.

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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. Go to americanexpress.com/claim for a sample claim notice. 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

• A claim notice is required before a lawsuit, mediation or arbitration.
• Notice to you may be given on your billing statement.

Legal Rights & Agreement Rules · Procedure

Mediation: either side may submit within 30 days of a claim notice, and the issuer pays the mediator

In mediation, a neutral mediator helps parties resolve a claim but does not decide it. Before beginning mediation, you or the issuer must first send a claim notice. 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.

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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

• Submission window is 30 days after sending or receiving a claim notice.
• The issuer pays the mediator's fees, as the text states for mediation.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, pauses limitation periods, and can be ended at 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 termination of the mediation. Either side may terminate the mediation at any time. Submitting or failing to submit a claim to mediation does not affect the right to elect arbitration.

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

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

Qualifications & exceptions

• Tolling runs from the claim notice date until the mediation ends.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which replaces court, jury trial and class participation

You or the issuer may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If any party chooses arbitration, neither side has the right to litigate that claim in court or have a jury trial on it, or to participate in a representative capacity or as a class member for claims subject to arbitration. Arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between you and the issuer, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. The arbitrator's decisions are as enforceable as a court order and subject to very limited court review. Except as set forth below, the decision is final and binding; the Arbitration Procedures paragraph provides that a party may start an appeal by notifying the arbitration organization and all parties in writing within 35 days after the award is issued. The election can be made at any time unless the claim has been filed in court and trial has begun or final judgment has been entered. Other rights you or the issuer would have in court may also not be available.

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

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

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

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.

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.

Qualifications & exceptions

• Election by either party is enough: "If arbitration is chosen by any party".
• Class and representative participation is not available for claims subject to arbitration.
• The election window closes once trial has begun in court or final judgment has been entered.
• Final and binding "except as set forth below", with an appeal described in the Arbitration Procedures paragraph.

Cross-references

• has exception (model-proposed): Covered borrowers under the Military Lending Act are not bound by the Arbitration provision, but may elect arbitration — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, unless the borrower elects arbitration.
• has exception (model-proposed): The issuer will not elect arbitration for an individual claim pending only in small claims court — The issuer will not elect arbitration for an individual claim pending only in small claims court, an exception to either side's ability to elect arbitration.

Legal Rights & Agreement Rules · Procedure

To start arbitration, send a claim notice first; claims go to JAMS or AAA chosen by the electing party

Before beginning arbitration, you or the issuer must first send a claim notice. Claims are referred to 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 issuer chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims also may 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).

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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. Contact JAMS or AAA to begin an arbitration or for other information.

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

Qualifications & exceptions

• The organization's rules apply except where they conflict with the Agreement.
• You have 30 days to select the other organization if the issuer chooses first.

Not stated here

• The Federal Arbitration Act text is not supplied here, so this card cannot say what section 5 provides.
• The rules of JAMS and AAA are not supplied here.

Legal Rights & Agreement Rules · Company commitment

The issuer will not elect arbitration for an individual claim pending only in small claims court

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.

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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 commitment holds only while the claim is individual and pending only in small claims court.
• Outside that case, either side's election window closes once trial has begun or final judgment has been entered.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which replaces court, jury trial and class participation — The issuer will not elect arbitration for an individual claim pending only in small claims court, an exception to either side's ability 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.

Details not recorded for this card

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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

Arbitration is individual only: no class or representative arbitration

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

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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.

Legal Rights & Agreement Rules · Restriction or exception

If the Limitations on Arbitration are held invalid, the whole Arbitration provision does not apply

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, notwithstanding any other provision and without waiving the right to appeal that decision. This is separate from the general rule at the end of the section that other invalid portions do not invalidate the rest, which excepts the Limitations on Arbitration subsection.

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

If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

Qualifications & exceptions

• Applies to invalidity of any portion of the Limitations on Arbitration, not of other portions.

Legal Rights & Agreement Rules · Procedure

Arbitration procedure: FAA governs, confidentiality applies, and claims of $10,000 or less choose the hearing format

The Arbitration provision is governed by the FAA. 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 the arbitration will be confidential and that the issuer will not disclose the content of the proceeding or its outcome to anyone, but either of you may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether it is decided solely on 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, hearings take place in the federal judicial district of your residence.

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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.

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 hearing format is yours when your claim is for $10,000 or less.
• Confidentiality has an express exception for notifying a government authority.
• Hearings are in your federal judicial district of residence at your election.

Not stated here

• The text of the FAA is not supplied here.

Legal Rights & Agreement Rules · Procedure

Awards are final and binding, subject to a written appeal within 35 days decided anew by a three-arbitrator panel

Except as set forth in the appeal terms, the arbitrator's decision is final and binding. The arbitrator's award is 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 under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to, and the appeal otherwise proceeds under the organization's appellate rules, which are among the selected organization's rules that apply except where they conflict with the Agreement. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

Except as set forth below, the arbitrator's decision will be final and binding.

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

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.

Qualifications & exceptions

• Appeal notice must be in writing, to the arbitration organization and all parties, within 35 days of the award.
• The panel decides anew by majority vote on written submissions.

Not stated here

• The arbitration organization's appellate rules are not supplied here.

Legal Rights & Agreement Rules · Company commitment

You pay only your share of arbitration fees, capped at what a court filing fee would be; the issuer pays 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 arbitration fees, or paying the reasonable fees of an expert appointed by the arbitrator for good cause.

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

Qualifications & exceptions

• Your share is capped at the court filing fee you would have incurred.
• The advance or expert-fee payment is subject to the issuer's good-faith consideration of your written request, not a promise to pay.

Legal Rights & Agreement Rules · Company commitment

If the arbitrator awards more than the issuer's final offer, the award includes at least $5,000 plus 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 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.

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 is greater than any final offer the issuer made before the final hearing.
• The $5,000 floor applies to the money component under item (1).

Legal Rights & Agreement Rules · User right or choice

Rejecting arbitration: written notice mailed within 45 days with name, address, Account number and signature

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature. No one else may sign it.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

Qualifications & exceptions

• Deadline: mailed within 45 days after your first Card purchase.
• Required contents: a statement of rejection, name, address, Account number and personal signature; no one else may sign.

Cross-references

• narrows (model-proposed): Call Customer Service first; disputes go to mediation, arbitration or litigation; arbitration can be rejected — The rejection paragraph gives the full requirements behind the overview's 45 day rejection summary.

Legal Rights & Agreement Rules · User right or choice

A valid rejection also reaches arbitration terms of your other open American Express accounts, with exceptions

If your rejection notice complies with the requirements, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection 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

• Reaches arbitration provisions in agreements for other currently open American Express accounts, except Corporate Card accounts and claims already in pending litigation or arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives termination, 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.

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).

Legal Rights & Agreement Rules · Context

Which agreement this is, who issues it, and its date

This is Part 1 of 3 of the Card Member Agreement for the Morgan Stanley Blue Cash Preferred American Express Card. The document states it is "As of: 06/30/2026" and names American Express National Bank as the issuer. The same issuer is what "we", "us" and "our" mean elsewhere in the agreement ("the issuer shown on page 1 of Part 1"). The agreement is made up of Part 1, Part 2, Part 3 and any supplements or amendments.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Morgan Stanley Blue Cash Preferred® American Express Card

Qualifications & exceptions

• The 06/30/2026 date is the one printed on the document as "As of"; the text of this packet does not say what the date marks (for example an effective date or a revision date).

Not stated here

• What the "As of" date means (effective date, revision date or other) is not explained in this passage.