Amex EveryDay® Credit Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 gives an "As of" date of 06/30/2026 and names American Express National Bank as issuer

This is Part 1 of 3 of the Card Member Agreement for the Amex EveryDay Card. It states "As of: 06/30/2026" and names American Express National Bank as the issuer.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Qualifications & exceptions

• The text gives an "As of" date for this document; it does not say in this passage when the terms take effect for any particular account.

Not stated here

• The passage does not state an effective date or whether a different version applies to accounts opened earlier or later.

Legal Rights & Agreement Rules · Context

The table points to Consumer Financial Protection Bureau credit card tips

The table includes a row directing readers to the website of the Consumer Financial Protection Bureau to learn more about factors to consider when applying for or using a credit card.

Supporting quotations

visit the website of the Consumer Financial Protection Bureau

Qualifications & exceptions

• Informational pointer to an outside website; it does not create a term of the account.

Not stated here

• The content of the outside website is not part of the supplied source.

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

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.

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.

Qualifications & exceptions

• Supplements and amendments are part of the agreement but are not in the supplied text.

Not stated here

• Any supplements or amendments are not supplied here.

Legal Rights & Agreement Rules · Context

Parts 1, 2 and 3 plus supplements form the Agreement; using or keeping the Card means you agree to it

This Part 2, 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 you sign or keep the Card, you agree to the terms. A copy can be requested through the online account or by calling the number on the back of the Card.

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.

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.

Qualifications & exceptions

• Agreement to the terms happens by using the Account, or signing or keeping the Card.

Not stated here

• Supplements and amendments are not supplied in the source.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement subject to applicable law; the written Agreement is the final expression

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

Supporting quotations

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

Qualifications & exceptions

• Changes are "subject to applicable law".
• The written text controls over alleged oral agreements.

Not stated here

• This passage does not say how changes are notified, how much notice is given, or whether you can reject a change.

Legal Rights & Agreement Rules · Context

Definitions: we is the issuer; you is the Basic or Primary Card Member; Card is any device that accesses the Account

"We, us, and our" mean the issuer shown on page 1 of Part 1. "You and your" mean the person who applied for the Account and for whom it was opened, called the Basic or Primary Card Member. You may request a Card for an Additional Card Member. "Card" means any American Express Card or other device that American Express issues to access your Account.

Supporting quotations

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

Qualifications & exceptions

• "You" is the person who applied for the Account and for whom it was opened.
• "Card" is not limited to a physical card: it includes any device issued to access the Account.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: covered borrowers generally cannot be charged more than 36% APR, including certain fees and costs

The agreement states that federal law gives members of the Armed Forces and their dependents protections for consumer credit. In general, the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable to the transaction or Account, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain application fees), and any participation fee (other than certain participation fees for a credit Card Account). It also gives a number, 855-531-0379, to listen to the statement and a description of the payment obligation.

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).

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

• Stated "in general", with the listed inclusions applying "as applicable".
• The exclusions for certain application and participation fees are referred to without being described.

Not stated here

• The passage does not say which application fees or participation fees are excluded.
• Who qualifies as a covered borrower is not spelled out beyond members of the Armed Forces and their dependents.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are not subject to the arbitration provision, but may still elect arbitration

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 sentence does not say exactly what electing arbitration involves for a covered borrower, so the practical effect is not fully stated.

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.

Qualifications & exceptions

• Applies to a covered borrower under the Military Lending Act, in connection with this Account.
• The "However" sentence refers to a covered borrower electing arbitration and American Express complying with its Claims Resolution obligations.

Not stated here

• The passage does not explain how the "However" sentence interacts with the statement that the Arbitration provision does not apply.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the text adds that American Express will comply with its Claims Resolution obligations if the borrower elects arbitration.

Legal Rights & Agreement Rules · Company practice

Notices go by U.S. mail, courier or electronically and count as given when mailed or delivered electronically

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically.

Supporting quotations

We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.

Qualifications & exceptions

• A notice counts as given when sent, not when you receive or read it.

Not stated here

• The passage does not say which method is used for which kind of notice.

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you assign it your merchant claims for that amount

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 American Express 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 American Express if it decides to pursue the merchant.

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

• American Express "may" credit the Account; the passage does not make a credit automatic.
• Tort claims are excluded from the assignment.

Not stated here

• The passage does not say how a dispute is raised or what the review process is.

Legal Rights & Agreement Rules · Permission or license

American Express may transfer the Agreement and Account without notice; you may not; delay does not waive its rights

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 any of your obligations under the Agreement. American Express may choose to delay enforcing or not exercise its rights, and if it does, it does not waive its rights to exercise or enforce them 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 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.

Qualifications & exceptions

• American Express may assign without notice; you may not assign at all.
• Delay or non-enforcement is not a waiver.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland billing addresses have 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. American Express states that 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, American Express elects to offer the 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.

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

• Utah law and federal law govern; the Maryland election applies only "to the extent, if any, that Maryland law applies".
• The Maryland statement applies to Accounts with a Maryland billing address.

Not stated here

• The text of the Maryland statute is not supplied, so the practical effect of the election is not stated.

Legal Rights & Agreement Rules · Procedure

Claims Resolution: call Customer Service first; then mediation, arbitration or litigation; arbitration can be rejected

The Claims Resolution section says most concerns can be resolved by calling the Customer Service Department at the number on the back of the Card. If Customer Service cannot resolve a complaint to your satisfaction, the 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 (see Your Right to Reject Arbitration).

Supporting quotations

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

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

Qualifications & exceptions

• The 45-day rejection window counts from your first Card purchase.
• The section sets out mediation, arbitration or litigation as the routes after Customer Service.

Not stated here

• The overview does not say what happens to a claim if you reject arbitration beyond pointing to the rest of the section.

Legal Rights & Agreement Rules · Context

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

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

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

Qualifications & exceptions

• This broader meaning applies only for the Claims Resolution section.

Not stated here

• The passage does not list which related persons or entities are covered.

Legal Rights & Agreement Rules · Context

"Claim" is defined very broadly and includes third-party, advertising, rewards and application disputes

"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 based on contract, tort, fraud, statute, regulation, common law and equity; and claims by or against any third party using or providing any product, service or benefit in connection with any account. It also includes claims arising from or relating to any account created under any of the agreements or any balances on them, advertisements, promotions or statements about accounts, goods or services financed, or terms of financing, 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 definition covers current or future claims, and relationships you "have or had" with American Express.
• The validity, enforceability or scope of the Arbitration provision is carved out of the definition.
• The list uses "includes but is not limited to".

Not stated here

• The passage does not say how the carve-out for validity, enforceability or scope of the Arbitration provision is decided.

Legal Rights & Agreement Rules · Procedure

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

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written notice (a claim notice) to each party against whom a claim is asserted, to give a chance to resolve it informally or through mediation. The notice must describe the claim and state the specific relief demanded. A notice to you may be provided by your billing statement or sent to your billing address. A 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 goes to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules. A sample claim notice is referred to at americanexpress.com/claim.

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.

Qualifications & exceptions

• The claim notice comes before a lawsuit, mediation or arbitration.
• A notice to you can be given through the billing statement.

Not stated here

• The sample claim notice referred to at americanexpress.com/claim is not part of the supplied text.
• The passage does not state a waiting period after the notice before filing.

Legal Rights & Agreement Rules · Procedure

Mediation: either side may submit a claim to JAMS or AAA within 30 days of a claim notice; American Express pays

In mediation a neutral mediator helps parties resolve a claim but does not decide it. 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. American Express pays the fees of the mediator.

Supporting quotations

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

We will pay the fees of the mediator.

Qualifications & exceptions

• The 30 days run from sending or receiving the claim notice.
• American Express pays the mediator's fees.

Not stated here

• The passage does not say what happens to a claim submitted after the 30-day window.

Legal Rights & Agreement Rules · Context

Mediation is confidential, pauses statutes of limitation, can be ended at any time and does not block arbitration

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable 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. Submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

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

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

Qualifications & exceptions

• Tolling runs from the date the claim notice is sent until termination of the mediation.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim

You or American Express 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 member of any class for any claim 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 American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to that case and cannot be used in another case except to enforce the award. The decision is as enforceable as a court order and subject to very limited court review, and, except as set forth below, the decision is final and binding. Other rights you or American Express would have in court may also not be available in arbitration.

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.

Qualifications & exceptions

• Either side can elect arbitration; once any party elects it, court and jury trial are not available for that claim.
• The decision is final and binding "except as set forth below", which points to the appeal procedure described later.

Not stated here

• The passage does not list which other rights may be unavailable in arbitration.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the arbitration provision, but may still elect arbitration — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the text adds that American Express will comply with its Claims Resolution obligations if the borrower elects arbitration.
• qualified by (model-proposed): Arbitration is individual only, and if those limits are invalid the whole arbitration provision falls away — The Limitations on Arbitration require individual arbitration and make the entire Arbitration provision fall away if those limits are invalid or unenforceable.
• has exception (model-proposed): You can reject arbitration by signed written notice mailed within 45 days after your first Card purchase — A timely, compliant rejection notice means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Procedure

Arbitration follows a claim notice; the electing party picks JAMS or AAA; others need written agreement

Before beginning arbitration, a claim notice must be sent. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and are resolved under this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. The text says: "If we choose the organization, you may select the other within 30 days after receiving notice of our selection." This reads as giving you a chance to pick the other of the two organizations within 30 days, but the sentence does not say more than that. Claims may also be referred to another arbitration organization if both agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

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.

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.
• The 30-day window runs from receiving notice of American Express's selection.

Not stated here

• The "select the other" sentence does not explain what selecting the other organization changes.
• The text of section 5 of the Federal Arbitration Act is not supplied; the citation is preserved as written.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration election for an individual small claims case; otherwise it can be elected until trial begins

American Express will not elect arbitration for any claim you file in small claims court, as long as the claim is individual and pending only in that court. Otherwise, you or 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. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

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 promise applies only while the claim is individual and pending only in small claims court.
• The right to elect arbitration ends once trial has begun or final judgment has been entered in court.

Not stated here

• The passage does not say what happens if a small claims case is later moved to another court.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, and if those limits are invalid the whole arbitration provision falls away

If either party elects arbitration, the claim is arbitrated on an individual basis. 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 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 a 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.

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

• The individual-only rule covers class and representative claims for the general public, other Card Members and similarly situated persons.
• If any part of the Limitations is held invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply.

Not stated here

• The passage does not say what court or forum would handle claims if the Arbitration provision ceases to apply.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — The Limitations on Arbitration require individual arbitration and make the entire Arbitration provision fall away if those limits are invalid or unenforceable.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA, applies substantive law, skips court evidence rules, and is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply 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 American Express agree the arbitration will be confidential and that neither will disclose its content or outcome to anyone, but either may notify any government authority of the claim as permitted or required by law. At any party's request, the arbitrator provides a brief written explanation of the award. Judgment on any award may be entered in any court having jurisdiction.

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.

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.

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

arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Qualifications & exceptions

• The confidentiality duty has an exception for notifying a government authority as permitted or required by law.
• Relief available in court may be awarded, subject to the Limitations on Arbitration.

Not stated here

• The text of the Federal Arbitration Act is not supplied.

Legal Rights & Agreement Rules · Procedure

Claims of $10,000 or less can choose a documents, phone or in-person hearing; either side can appeal within 35 days

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At your election, hearings take place in the federal judicial district of your residence. 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 FAA. To 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.

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

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.

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

Qualifications & exceptions

• The hearing-type choice applies to claims for $10,000 or less.
• Hearing location is the federal judicial district of your residence at your election.
• The appeal notice deadline is 35 days after the award is issued.

Not stated here

• The appellate rules of the arbitration organization are not supplied.
• The passage does not say who pays for the three-arbitrator appeal.

Legal Rights & Agreement Rules · Company commitment

Your share of arbitration fees is capped at what a court filing would cost; American Express pays the rest

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 a claim in court. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of any arbitration fees, or paying the reasonable fees of an expert appointed by the arbitrator for good cause.

Supporting quotations

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

Qualifications & exceptions

• The cap is the court filing fees you would have incurred.
• The advance or expert fee payment is considered in good faith on your written request, not promised.

Not stated here

• The court filing fee amount that sets the cap is not stated.

Legal Rights & Agreement Rules · User right or choice

If the award beats American Express's last offer, it is at least $5,000 plus reasonable fees and costs

If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing in arbitration, the award will include (1) any money to which you are entitled, but in no case less than $5,000, and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

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

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

Qualifications & exceptions

• The condition is a ruling in your favor for more than any final offer American Express made before the final hearing.
• The $5,000 is a minimum for the money portion.

Not stated here

• The passage does not say what happens if American Express made no final offer.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by signed written notice mailed within 45 days after your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. It must be mailed within 45 days after your first Card purchase and must state that you reject the Arbitration provision and include your name, address, Account number and personal signature; no one else may sign it. A sample is referred to at americanexpress.com/reject. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have do not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejection 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.

Supporting quotations

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

Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

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 by you personally.
• A valid rejection also removes arbitration provisions in your other currently open American Express account agreements, except Corporate Card accounts and claims already pending in litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is not part of the supplied text.
• The passage does not say how you can confirm the notice was received.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — A timely, compliant rejection notice means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives account closure, payoff, collection, bankruptcy and sale; invalid parts do not void the rest

The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in a sale, its terms apply to the buyer). 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.

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

• The exception for the Limitations on Arbitration subsection means a failure of those Limitations has the broader effect described there.