Terms of Service

Security & Safeguards · Restriction or exception

The liability limit includes viruses, unauthorized access, theft and force majeure; secure access is not guaranteed

The paragraph continues that the limitation on liability includes, but is not limited to, the transmission of viruses that may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, and telephone or other interconnect problems. It also lists unauthorized access, theft, operator errors, strikes or other labor problems, and any force majeure. It closes by saying American Express cannot and does not guarantee continuous, uninterrupted or secure access to its Sites. The text lists unauthorized access and theft without saying whose systems or accounts they concern.

Supporting quotations

THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS

UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE

AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITES.

Qualifications & exceptions

• The list is introduced by “includes, but is not limited to”, so it gives examples rather than all covered events.

Not stated here

• The text does not say whether “unauthorized access” or “theft” covers unauthorized access to a user's account; any account-fraud rule is outside this document.

Security & Safeguards · Company commitment

American Express says it will keep confidential user communications with personal information sent directly to it

Under the heading Confidentiality of User Communications, American Express says it will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to American Express. The commitment is made “Except as required by law and in accordance with the American Express Internet Privacy Statement”, which the text links but which is not supplied here. Only communications sent directly to American Express are covered by this sentence.

Supporting quotations

CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the American Express Internet Privacy Statement

American Express will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to American Express.

Qualifications & exceptions

• The commitment is qualified by legal requirements and by the Internet Privacy Statement.

Not stated here

• The Internet Privacy Statement is only linked, not supplied, so how it limits this commitment is unknown.
• The text does not define “confidentiality”, name who inside American Express may see these communications or give a retention period.

Cross-references

• has exception (model-proposed): Message-board and chat-room postings are not confidential; American Express may use them and give them to affiliates — The confidentiality commitment covers communications sent directly to American Express. The next sentence says postings on a message board or in a chat room are not protected as confidential, and may be used and shared with affiliates.