Amex EveryDay® Preferred Credit Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 is dated 06/30/2026 and names American Express National Bank as issuer

This is Part 1 of the three-part Card Member Agreement for the Amex EveryDay Preferred Card. It states that it is current "As of" 06/30/2026 and that the issuer is American Express National Bank. Part 1 holds the rates and fees table and how rates and fees work; Parts 2 and 3 hold the other terms.

Supporting quotations

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

Qualifications & exceptions

• The date is the "As of" date printed on Part 1; the document does not state a separate effective date for each term.

Legal Rights & Agreement Rules · Context

The table points to CFPB credit card tips

The table includes a pointer to the Consumer Financial Protection Bureau website, which it says offers information about factors to consider when applying for or using a credit card. It is informational and the linked page is not part of the supplied text.

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 supplied and is not analyzed.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; you can request a copy

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

Supporting quotations

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

Not stated here

• Any supplements or amendments are not part of the supplied text.

Legal Rights & Agreement Rules · Context

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

The agreement is made up of Part 1, Part 2 and Part 3 plus any supplements or amendments. You agree to its terms when you use the Account (or sign or keep the Card). If you have not yet used the Account or made a payment after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The no-fee cancellation applies only before you use the Account or make a payment after receiving a billing statement.

Legal Rights & Agreement Rules · Restriction or exception

American Express may change the Agreement, subject to applicable law; oral agreements cannot modify it

American Express may change the Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account and cannot be modified or amended by any alleged oral agreement. This section does not describe notice periods or opt-out rights for changes.

Supporting quotations

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

Qualifications & exceptions

• The right to change is limited only by "applicable law" in this passage.

Not stated here

• The agreement text supplied here does not say how or when you are notified of changes or whether you may reject them.

Legal Rights & Agreement Rules · Context

Definitions of we, you, the Primary Card Member, Card and Additional Card Member

"We", "us" and "our" mean the issuer shown on page 1 of Part 1. "You" means the person who applied for the Account and for whom it 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 issued to access 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.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: cost of credit for covered members and dependents may not exceed a 36 percent annual rate

The agreement states that federal law protects members of the Armed Forces and their dependents in consumer credit and that in general the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain exceptions) and any participation fee (other than certain participation fees for a credit Card Account).

Supporting quotations

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

• The statement is general ("In general") and the exclusions are only described as "certain" fees without detail.

Not stated here

• The specific application and participation fees excluded from the 36 percent rate are not detailed.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers under the Military Lending Act are not bound by the arbitration provision, though they may elect it

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. If you elect arbitration, American Express says it will comply with its obligations under the Claims Resolution section. The text also gives a phone number (855-531-0379) to hear the statement and a description of your payment obligation.

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.

Qualifications & exceptions

• Applies only to covered borrowers under the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — The arbitration provision does not apply to covered borrowers under the Military Lending Act.

Legal Rights & Agreement Rules · Restriction or exception

American Express may sell or assign the Agreement and Account without notice; you may not; delay is not waiver

American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or your obligations. If American Express delays enforcing or does not exercise a right, it does not waive its right to exercise or enforce it on any other occasion.

Supporting quotations

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

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

Legal Rights & Agreement Rules · Restriction or exception

Utah and federal law govern; Maryland billing addresses are offered under Maryland Commercial Law Title 12, Subtitle 9

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

Supporting quotations

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

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

Qualifications & exceptions

• The Maryland election applies only "to the extent, if any" that Maryland law applies.

Not stated here

• Whether Maryland law applies to a given Account is not stated.

Legal Rights & Agreement Rules · User right or choice

Disputes start with Customer Service; arbitration can be rejected within 45 days of your first Card purchase

Most concerns can be resolved by calling Customer Service. If not, the Claims Resolution 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, as explained in the right to reject arbitration, which requires a written rejection notice mailed to American Express at the P.O. Box address given.

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.

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.

Qualifications & exceptions

• The rejection deadline is 45 days after your first Card purchase; the rejection notice must be written.

Legal Rights & Agreement Rules · Context

"You" and "us" in the Claims Resolution section include corporate parents, subsidiaries, affiliates and related persons

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities, so the section can bind and benefit those related parties, not only the Card Member and American Express National Bank.

Supporting quotations

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

Legal Rights & Agreement Rules · Context

A "Claim" is any current or future dispute about your Account, the Agreement or your relationship with American Express

A Claim means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims in contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements and promotions, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

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

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

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

Qualifications & exceptions

• The list says "includes but is not limited to", so it is not exhaustive.
• Disputes about the validity, enforceability or scope of the Arbitration provision itself are excluded from the definition of Claim.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice must describe the claim and the relief demanded

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to allow informal or mediated resolution. 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 American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

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

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

Not stated here

• The sample claim notice at americanexpress.com/claim is a linked page that is not supplied here.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of a claim notice; American Express pays

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 American Express may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and American Express will pay 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 side may end the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Supporting quotations

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

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

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

Qualifications & exceptions

• Mediation must be submitted within 30 days after a claim notice is sent or received.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which removes court, jury and class rights for that claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If a party chooses arbitration, neither side has the right to litigate that claim in court or have a jury trial, or to participate in a representative capacity or as a member of any class for claims subject to arbitration. The arbitrator's authority is limited to claims between you and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. Discovery is more limited and court review is very limited. If any part of the Limitations on Arbitration is held invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply. Your right to reject arbitration within 45 days and the carve-outs for small claims court and covered borrowers also apply.

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. 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.

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.

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.

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.

Qualifications & exceptions

• Arbitration is elective: it applies when either you or American Express elects it.
• The decision is final and binding "except as set forth below" (an appeal right is described in the Arbitration Procedures).
• American Express will not elect arbitration for an individual claim you file in small claims court and keep pending only there.

Cross-references

• has exception (model-proposed): Covered borrowers under the Military Lending Act are not bound by the arbitration provision, though they may elect it — The arbitration provision does not apply to covered borrowers under the Military Lending Act.
• has exception (model-proposed): Arbitration may be elected until trial begins or judgment is entered; not elected for small claims cases — American Express will not elect arbitration for an individual claim filed and pending only in small claims court.
• qualified by (model-proposed): Arbitration is individual only; if the class limit is invalid, the whole arbitration clause falls away — The Limitations on Arbitration confine arbitration to individual claims and make the entire provision fall away if they are invalid.
• has exception (model-proposed): To reject arbitration, mail a signed written notice within 45 days of your first Card purchase — A compliant written rejection within 45 days switches off the arbitration provision for the person who rejects.

Legal Rights & Agreement Rules · Procedure

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

Before arbitration, a claim notice must be sent. Claims are referred to JAMS or AAA, as selected by the party electing arbitration, and resolved under the Arbitration provision and the chosen organization's rules in effect when the claim is filed, except where the rules conflict with the Agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also go to another organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act (9 U.S.C. sec. 1-16). The Federal Arbitration Act is cited but its text is not supplied or interpreted here.

Supporting quotations

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

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

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

Qualifications & exceptions

• Where the organization's rules conflict with the Agreement, the Agreement controls.

Not stated here

• The JAMS and AAA rules and the text of section 5 of the Federal Arbitration Act are not supplied here and are not interpreted.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration may be elected until trial begins or judgment is entered; not elected for small claims cases

American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise, you or American Express may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Delaying or not exercising rights under the Arbitration provision, including the right to arbitrate a claim, does not waive the right to exercise or enforce them.

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 protection is only for individual claims pending only in small claims court.
• The election window closes once trial has begun or final judgment has been entered in court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — American Express will not elect arbitration for an individual claim filed and pending only in small claims court.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; if the class limit is invalid, the whole arbitration clause falls away

If either party elects arbitration, the claim is arbitrated individually. There is no right or authority for claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity for the general public, other Card Members or others similarly situated. If any part of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply.

Supporting quotations

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

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

Qualifications & exceptions

• Whether a limitation is invalid or unenforceable is a legal determination the agreement does not make.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — The Limitations on Arbitration confine arbitration to individual claims and make the entire provision fall away if they are invalid.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA, is confidential, and for claims of $10,000 or less you choose the hearing format

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may award any relief available in court. The arbitration is confidential: neither side will disclose the proceeding's content or outcome, though either may notify a government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you choose whether it is decided on documents, by telephone hearing or at an in-person hearing. At either 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. Claims are referred to JAMS or AAA as chosen by the party electing arbitration.

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.

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.

Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

Qualifications & exceptions

• Confidentiality binds both sides but allows notice to a government authority as permitted or required by law.
• The hearing format choice applies only to claims of $10,000 or less.

Not stated here

• The text of the FAA and the JAMS and AAA rules is not supplied here and is not interpreted.

Legal Rights & Agreement Rules · Procedure

An award is final and binding, subject to a written appeal within 35 days decided by a three-arbitrator panel

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 award under the FAA. To appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The organization appoints a three-arbitrator panel to decide anew, by majority vote on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules, and judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

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

Qualifications & exceptions

• The appeal must be started in writing within 35 days after the award is issued.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees only up to a court filing fee; beating the final offer means at least $5,000 plus fees

You pay your share of arbitration fees (including filing, administrative, hearing or other fees) only up to the filing fees you would have incurred in court, and American Express pays any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of fees or paying the reasonable fees of an expert the arbitrator appoints for good cause. If the arbitrator rules in your favor for more than any final offer American Express made before the final hearing, the award includes the money you are entitled to, but no less than $5,000, plus reasonable attorneys' fees, costs and expert and other 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.

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

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

Qualifications & exceptions

• The additional award applies only if the award exceeds any final offer American Express made before the final hearing.
• The temporary advance and expert-fee payment are only considered in good faith, not promised.

Not stated here

• What counts as a "final offer" is not defined.

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 at 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 Card Member agreements for any other currently open American Express accounts you have will not apply to you, except Corporate Card accounts and 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 other benefits, products or services.

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. 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.

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 notice must be mailed within 45 days after your first Card purchase and signed personally by you.
• A compliant rejection also switches off arbitration provisions in other currently open American Express accounts you hold, except Corporate Card accounts and claims already in litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is a linked page that is not supplied here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — A compliant written rejection within 45 days switches off the arbitration provision for the person who rejects.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account termination, payoff, collection, bankruptcy and sale of the Account

The Claims Resolution section survives termination of your Account, voluntary payment of the balance, any legal proceeding to collect a debt, any bankruptcy and any sale of the Account (in a sale, its terms apply to the buyer). If any part of the section other than the Limitations on Arbitration is deemed invalid or unenforceable, the remaining parts are not invalidated.

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.

Qualifications & exceptions

• For the Limitations on Arbitration the severability rule differs: invalidity there removes the entire Arbitration provision.

Legal Rights & Agreement Rules · Restriction or exception

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

If you dispute a charge with a merchant, American Express may credit the Account for all or part of it. If it does, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount, and you must cooperate if American Express decides to pursue it.

Supporting quotations

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

Qualifications & exceptions

• The credit is discretionary ("may credit"); tort claims are excluded from the assignment.