The Card Member Agreement is Parts 1, 2 and 3 plus supplements and amendments
Part 1, Part 2, Part 3 and any supplements or amendments make up the 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.
Details
What it covers
Card Member Agreement: Parts 1-3, supplements and amendments
What it does
You can request a copy online or by phone
Supporting quotations
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.
Not stated here
Any supplements or amendments beyond the text supplied here are not part of this analysis.
Legal Rights & Agreement Rules · Restriction or exception
Marriott operates the loyalty account; its terms apply to Points
American Express says it is not responsible for Points after they are credited to your Marriott Bonvoy Member Account, which is operated by Marriott International, Inc., and not responsible for Marriott's actions on that account. Points, certificates and membership in the loyalty program are subject to the Marriott Bonvoy Terms and Conditions, which the agreement says can be found at marriott.com, including Marriott's right to change its program terms and other conditions.
Details
Who
American Express (disclaims responsibility); Marriott International, Inc. (operates the account)
Condition
Points credited to the Marriott Bonvoy Member Account
What it covers
Marriott Bonvoy Terms and Conditions
Supporting quotations
We are not responsible for Points after they are credited to your Marriott Bonvoy Member Account, which is operated by Marriott International, Inc. ("Marriott"). We are also not responsible for the actions of Marriott on your Marriott Bonvoy Member Account.
Points, certificates and membership in the loyalty program are subject to the Marriott Bonvoy Terms and Conditions. You should refer to that document, which can be found at marriott.com, for details on:
Marriott's right to change its program terms. other conditions that may apply to the loyalty program.
Not stated here
The Marriott Bonvoy Terms and Conditions are a separate document that was not supplied and are not analyzed here.
The two items after "for details on:" run together in the source text, so the list reads as one sentence followed by a fragment.
Legal Rights & Agreement Rules · Company practice
Using the Account means you agree; unused accounts can be cancelled without fees
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. 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. You can request a copy of the agreement through your online account or by calling the number on the back of the Card.
Details
What it does
Using the Account, or signing or keeping the Card, means you agree to the Agreement
Condition
Not yet used the Account or made a payment after receiving a billing statement: can cancel the Card without obligation to pay 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.
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
The sentence about cancelling can be read as covering a Card Member who has done neither of the two things (used the Account, or made a payment after receiving a statement); the agreement does not spell out which reading applies, and does not state how to cancel.
Legal Rights & Agreement Rules · Permission or license
American Express may change the Agreement; oral changes do not count
American Express may change the 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.
Details
Who
American Express
What it does
may change the Agreement
Condition
Subject to applicable law; oral agreements cannot modify it
Supporting quotations
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.
Not stated here
This passage does not describe notice or opt-out rights for a change; other parts of the Agreement are analyzed from their own text.
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 American Express opened it, 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.
Details
Who
The issuer (we) and the Basic or Primary Card Member (you)
What it covers
Card: 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: 36 percent limit on the cost of credit for covered members
Federal law provides 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, credit insurance premium costs, fees for ancillary products sold in connection with the credit, any application fee charged (other than certain application fees), and any participation fee (other than certain participation fees for a credit Card Account). A telephone number (855-531-0379) is given to listen to this statement and a description of the payment obligation.
Details
Who
Members of the Armed Forces and their dependents (covered borrowers)
What it covers
Annual percentage rate limit of 36 percent, including listed costs
What it does
Call 855-531-0379 to hear the statement and 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
The limit is stated "in general" and covers members of the Armed Forces and their dependents.
Not stated here
The passage does not say how the 36 percent measure compares with this Card's APRs or fees.
Legal Rights & Agreement Rules · User right or choice
Covered borrowers: the arbitration provision does not apply, but they 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, American Express says it will comply with its obligations under the Claims Resolution section.
Details
Who
Covered borrowers under the Military Lending Act
Exception
The Arbitration provision of the Claims Resolution section does not apply
What it does
A covered borrower may elect arbitration; American Express will comply with its obligations
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.
Not stated here
The Arbitration provision and Claims Resolution section are analyzed from their own text; this card carries only the covered-borrower exception.
Cross-references
exception to (model-proposed): Either side may elect individual arbitration — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the covered borrower may elect arbitration.
Notices are sent by mail, courier or electronically and count as given when sent
American Express sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically.
Details
Who
American Express
What it does
sends notices by U.S. mail, courier, or electronically
When
A notice is considered given when mailed or delivered electronically
Supporting quotations
We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.
Not stated here
The passage does not say how long after sending you must be treated as having received a notice.
Legal Rights & Agreement Rules · Restriction or exception
If American Express credits a disputed charge, you assign your claims against the merchant
If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. 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 with American Express if it decides to do so.
Details
Who
American Express
Condition
American Express credits all or part of a disputed charge
What it does
you assign claims (excluding tort claims) against the merchant for the credited amount and agree not to pursue them
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.
Not stated here
The final sentence ("you must cooperate with us if we decide to do so") most naturally refers to American Express pursuing the merchant, but the passage does not say so in so many words.
This passage does not describe the billing-error or dispute procedure; other parts of the Agreement are analyzed from their own text.
Legal Rights & Agreement Rules · Permission or license
American Express may transfer the Account without notice; you may not; no waiver of 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 rights under the Agreement, and if it does, it does not waive its rights to exercise or enforce them on any other occasion.
Details
Who
American Express
What it does
may sell, transfer or assign the Agreement and Account at any time without notice
Exception
You may not sell, assign or transfer your Account or obligations
Condition
Delay or non-enforcement is not a waiver
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.
Legal Rights & Agreement Rules · Company practice
Utah and federal law govern; Maryland billing addresses elect a Maryland statute
Utah law and federal law govern the Agreement and your Account without regard to internal principles of conflicts of law. American Express 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, American Express 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.
Details
Where
Utah and federal law; Maryland billing addresses
Condition
Maryland election applies only to the extent 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.
Not stated here
Whether Maryland law applies to a given Account is not decided by this passage ("to the extent, if any").
Legal Rights & Agreement Rules · User right or choice
Notice for Washington State residents: interest from a merchant's delayed credit
For Washington State residents, the notice says that, in accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven, if you have notified American Express of the merchant's delay in posting such credit, or its failure to post such credit to your Account within three working days of receiving the credit.
Details
Where
Washington State residents
Condition
Credit for goods or services accepted for return or forgiven; merchant's delay or American Express's failure to post within three working days; you have notified American Express
Supporting quotations
Notice for residents of Washington State: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your Account within three working days of our receipt of the credit.
Not stated here
The cited Revised Code of Washington section is not supplied here and is not interpreted by this card.
The sentence can be read as making the notification condition cover both the merchant's delay and American Express's own failure to post the credit within three working days, or as stating the second as a separate cause; the source does not resolve this.
Claims Resolution: call Customer Service first; the section includes an arbitration provision
Most customer concerns can be resolved by calling Customer Service at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution 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.
Details
What it does
Call Customer Service first; then mediation, arbitration or litigation under this section
When
Arbitration provision may be rejected within 45 days after your first Card purchase
Supporting quotations
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.
Not stated here
The steps for rejecting arbitration are in the Your Right to Reject Arbitration passage, analyzed from its own text.
Legal Rights & Agreement Rules · Context
"You" and "us" in this section include related companies; what a Claim is
For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. 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.
Details
Who
You and us, including corporate parents, subsidiaries, affiliates or related persons or entities
What it covers
Any current or future claim, dispute or controversy relating to the Account(s), the Agreement, or any agreement or relationship
Exception
The validity, enforceability or scope of the Arbitration provision
Supporting quotations
For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities.
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.
Not stated here
Who decides disputes over the validity, enforceability or scope of the Arbitration provision is not stated in this passage.
Claims include contract, tort, statute claims, third-party claims and rewards or benefits claims
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 any account created under any of the agreements or its balances, advertisements, promotions or statements related to accounts or goods or services financed under them, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.
Details
What it covers
Claims on contract, tort, fraud, statute, regulation, common law and equity; third-party claims; rewards and benefits claims; application claims
Exception
You may not sell, assign or transfer a claim
Supporting quotations
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 is introduced by "includes but is not limited to"; it is not exhaustive.
Not stated here
"Any of the agreements" in item (4)(a) is not defined in this passage.
Send a written claim notice before any lawsuit, mediation or arbitration
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 give an opportunity to resolve the claim informally or through mediation. 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. A sample claim notice is referred to at americanexpress.com/claim.
Details
What it does
Send a written claim notice describing the claim and the specific relief demanded
Condition
Before beginning a lawsuit, mediation or arbitration
What it covers
Notice to American Express goes to American Express ADR c/o CT Corporation System, New York
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 not supplied here.
The passage does not say what happens if a claim notice is not sent.
Legal Rights & Agreement Rules · Procedure
Mediation: optional, American Express pays the mediator's fees
In mediation, a neutral mediator helps parties resolve a claim but does not decide it. Before beginning mediation, a claim notice must first be sent. 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 fees of the mediator. All mediation-related 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 termination of the mediation, either side may terminate the mediation at any time, and submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.
Details
What it does
Submit the claim to JAMS or AAA for mediation within 30 days after sending or receiving a claim notice
What it covers
American Express pays the mediator's fees
When
Statutes of limitation tolled from the claim notice until the mediation ends
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.
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.
Not stated here
The passage does not say whether you may submit the claim to mediation after the 30-day window.
Legal Rights & Agreement Rules · Permission or license
Either side may elect individual arbitration
You or American Express may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
Details
Who
You or American Express
What it does
may elect individual arbitration of any claim
Supporting quotations
You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
Qualifications & exceptions
For a covered borrower under the Military Lending Act, Part 2 says the Arbitration provision does not apply, although a covered borrower may elect arbitration.
Legal Rights & Agreement Rules · Restriction or exception
If arbitration is chosen: no court, jury or class proceedings
If arbitration is chosen by any party, neither you nor American Express will have the right to litigate that claim in court or have a jury trial on that claim, and neither will have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Other rights you or American Express would have in court may also not be available in arbitration.
Details
Condition
Arbitration chosen by any party
Exception
No court litigation, jury trial, representative or class participation for the claim
Supporting quotations
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.
Other rights you or we would have in court may also not be available in arbitration.
Not stated here
Which other court rights "may" be unavailable is not specified.
Arbitration procedures, arbitrator authority, joinder and finality
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 American Express alone, and claims may not be joined or consolidated unless you and American Express agree in writing. An arbitration award and any judgment confirming it applies only to the specific case and cannot be used in any other case except to enforce the award. 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.
Details
What it covers
Arbitrator's authority limited to claims between you and American Express alone
Condition
No joinder or consolidation unless agreed in writing
Exception
Final and binding except as set forth below (appeal rights in later passages)
Supporting quotations
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.
Not stated here
The appeal and other exceptions to finality are in later passages of the Claims Resolution section.
How arbitration is started and which organizations hear it
Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If American Express 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 American Express 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).
Details
Condition
Claim notice sent first; party electing arbitration selects JAMS or AAA
What it does
If American Express chooses the organization, you may select the other within 30 days
What it covers
Rules of the selected organization apply except where they conflict with the Agreement
Supporting quotations
Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.
Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.
Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Not stated here
The text of the Federal Arbitration Act is not supplied here and is not interpreted by this card.
The rules of JAMS and AAA are separate documents that are not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
No arbitration of individual small claims court claims; when arbitration may still be elected
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. 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.
Details
Exception
American Express will not elect arbitration for an individual claim pending only in small claims court
When
Arbitration may be elected at any time unless trial has begun or final judgment has been entered
Condition
Delay or non-exercise does not waive the right to arbitrate
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 is by American Express and applies only while the claim is individual and pending only in that court; the passage does not limit your own right to elect arbitration.
Cross-references
exception to (model-proposed): Either side may elect individual arbitration — American Express will not elect arbitration for an individual claim pending only in small claims court.
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 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. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than that sentence) will not apply, without waiving the right to appeal such decision.
Details
What it does
Claims are arbitrated on an individual basis only
Exception
No class action or representative-capacity arbitration
Condition
If a part of the Limitations on Arbitration is invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply
Supporting quotations
Limitations on Arbitration: If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Not stated here
The passage does not say who decides whether a Limitations on Arbitration portion is invalid or unenforceable.
Arbitration procedures: governing law, evidence, confidentiality and hearing options
The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, and does 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. The arbitration will be confidential: American Express will not disclose the content of the proceeding or its outcome to anyone, but you or American Express 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 is conducted 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.
Details
What it covers
Arbitration governed by the FAA; arbitrator may award any relief available in court, subject to the Limitations on Arbitration
Condition
Claims of $10,000 or less: you choose documents, telephonic or in-person hearing
Exception
Confidential, but you or American Express may notify a government authority of the claim as permitted or required by law
Where
Hearings in the federal judicial district of your residence, at your election
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.
section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)
Not stated here
The Federal Arbitration Act is not supplied here and is not interpreted by this card.
Appeal: written notice within 35 days and 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 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 award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise proceeds under the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.
Details
When
Written notice within 35 days after the award is issued
What it does
A three-arbitrator panel decides anew, by majority vote based on written submissions, any aspect objected to
Exception
Final and binding except for the appeal and FAA challenge rights
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.
Not stated here
This passage states no condition (such as an award amount or type of relief) that limits who may appeal.
The arbitration organization's appellate rules are separate documents that are not supplied here.
Legal Rights & Agreement Rules · Company commitment
Arbitration fees: your share is capped at court filing fees
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. 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 for the reasonable fees of an expert appointed by the arbitrator for good cause.
Details
Who
You and American Express
What it covers
Your share of arbitration fees, up to the filing fees you would have incurred in court; American Express pays additional fees
Condition
Temporary advance or expert fees only considered in good faith on your written request
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 advance of fees and payment for an expert are matters American Express will "consider in good faith"; the passage does not promise them.
Legal Rights & Agreement Rules · User right or choice
Additional award if the arbitrator beats American Express's final offer
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 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.
Details
Condition
Arbitrator rules in your favor for more than any final offer American Express made before the final hearing
What it covers
Money to which you are entitled (at least $5,000) plus 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.
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 may reject arbitration by written notice within 45 days of your first Card purchase
You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. 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. If the notice complies, this Arbitration provision and any other arbitration provisions in the Card Member agreements for your other currently open American Express accounts will 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.
Details
When
Mailed within 45 days after your first Card purchase
Condition
State the rejection and include name, address, Account number and personal signature; no one else may sign
Exception
Corporate Card accounts and claims subject to pending litigation or arbitration are excluded
Supporting quotations
You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.
Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.
If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.
Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.
Not stated here
The sample rejection notice at americanexpress.com/reject is not supplied here.
The passage does not say whether a rejection can be sent after the 45 days.
Cross-references
exception to (model-proposed): Either side may elect individual arbitration — A compliant written rejection within 45 days means the Arbitration provision does not apply to you.
The Claims Resolution section survives account end; 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 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.
Details
When
Survives termination, voluntary payment, debt-collection proceedings, bankruptcy and sale of the Account
Exception
Invalidity of a Limitations on Arbitration portion has the separate effect stated there
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.
Part 1 of the Marriott Bonvoy Brilliant card agreement, as of 06/30/2026
This is Part 1 of 3 of the Card Member Agreement for the Marriott Bonvoy Brilliant American Express Card. It says it is as of 06/30/2026 and names American Express National Bank as the issuer. It holds the Rates and Fees Table, an explanation of how rates and fees work, and the supplement on the reward program.
Details
Who
American Express National Bank (issuer)
What it covers
Marriott Bonvoy Brilliant American Express Card, Part 1 of 3
When
As of 06/30/2026
Supporting quotations
Card Member Agreement: Part 1 of 3
As of: 06/30/2026 Issuer: American Express National Bank
Marriott Bonvoy Brilliant® American Express® Card
Qualifications & exceptions
The date shown is the "As of" date printed on Part 1; this passage does not say when the terms take effect for any particular Card Member.
Not stated here
The other parts of the Card Member Agreement are analyzed from their own text in this document; this passage only identifies Part 1.
Legal Rights & Agreement Rules · Context
Rates table points to Consumer Financial Protection Bureau credit card tips
The table refers readers who want to learn more about factors to consider when applying for or using a credit card to the Consumer Financial Protection Bureau website. It is a pointer to outside information, not a term of the Account.
Details
Who
Consumer Financial Protection Bureau (outside website)
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 linked website is not part of the supplied text and is not analyzed here.