American Express® Gold Card Agreement

Legal Rights & Agreement Rules · Context

This is Part 1 of 3 of the Gold Card agreement, as of June 30, 2026

The document is the first of three parts of the Card Member Agreement for the American Express Gold Card. It is stated as of 06/30/2026 and names American Express National Bank as the issuer. Later text says Parts 1, 2 and 3 and any supplements or amendments together make up the agreement.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

American Express® Gold Card

Qualifications & exceptions

• Applies to the American Express Gold Card account as described in this Card Member Agreement, "As of: 06/30/2026".

Not stated here

• The public copy does not show account-specific items that later text says appear on page 1 of Part 1, such as an individual Pay Over Time Limit or any Spending Limit.

Legal Rights & Agreement Rules · User right or choice

The agreement is Parts 1, 2 and 3 plus any supplements or amendments, and a copy can be requested

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

• Applies to the Card Member Agreement for the Account.

Not stated here

• Supplements or amendments are not part of this public copy.

Legal Rights & Agreement Rules · Permission or license

Parts 1, 2 and 3 form the agreement; using or keeping the Card means you accept it

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 its terms. The agreement also says that if you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• Acceptance happens by using the Account, or signing or keeping the Card.
• The cancellation right applies to someone who has not yet used the Account or made a payment on the Account after receiving a billing statement.

Not stated here

• The sentence "If you have not yet used the Account or made a payment on the Account after receiving a billing statement" does not make clear whether "after receiving a billing statement" applies to both using the Account and making a payment; the document does not explain this further.
• The text does not say how to cancel the Card or by when.

Legal Rights & Agreement Rules · Permission or license

American Express may change the agreement; the written agreement is the final expression and cannot be changed orally

American Express may change the agreement, subject to applicable law. The written agreement is described as the 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 made "subject to applicable law".
• Oral modifications are not effective under this clause.

Not stated here

• This passage does not say how or when notice of a change is given, or what choices you have if you do not accept a change.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: a 36% annual percentage rate cap, including certain fees, applies to covered Armed Forces members

The agreement says federal law gives members of the Armed Forces and their dependents protections in 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. That rate must include, as applicable, credit insurance premium costs, fees for ancillary products sold in connection with the credit, any application fee (other than certain ones) and any participation fee (other than certain participation fees for a credit card account).

Supporting quotations

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee (other than certain participation fees for a credit card account).

Qualifications & exceptions

• Applies to members of the Armed Forces and their dependents.
• "In general" and "as applicable" qualify the cap and the cost components.

Not stated here

• The text does not say how the 36% rate is applied to this Account's specific APRs and fees.

Legal Rights & Agreement Rules · Restriction or exception

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

You can listen to the Military Lending Act statement above, together with a description of your payment obligation for this Account, by calling 855-531-0379. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you in connection with this Account. However, if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.

Supporting quotations

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

Qualifications & exceptions

• Applies to a covered borrower under the Military Lending Act in connection with this Account.
• If the covered borrower elects arbitration, American Express states it will comply with its obligations under the Claims Resolution section.

Not stated here

• The text does not say who is a "covered borrower" beyond referring to the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — The Military Lending Act paragraph says the Arbitration provision does not apply to a covered borrower, while stating that American Express will comply with its obligations if that borrower elects arbitration.

Legal Rights & Agreement Rules · Procedure

Notices are sent 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. It considers a notice given when it mails it or delivers it electronically, not when you receive or read it.

Supporting quotations

How we may contact you:

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

• Notice is "given" at mailing or electronic delivery.

Not stated here

• The text does not say how contact information in its records is kept current beyond the separate duty to notify it of changes.

Legal Rights & Agreement Rules · Restriction or exception

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

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 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 to cooperate with American Express if it decides to pursue it.

Supporting quotations

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.

You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.

Qualifications & exceptions

• Applies when American Express credits all or part of a disputed charge.
• The assignment excludes tort claims.
• Your agreement not to pursue the merchant covers the credited amount.

Not stated here

• The text does not say when or whether American Express will credit a disputed charge.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive American Express's rights on other occasions

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

Supporting quotations

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

• Applies to rights under the agreement.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the agreement; a Maryland billing address brings an election under Maryland law

Utah law and federal law govern the agreement and the Account, without regard to internal principles of conflicts of law. American Express states it entered into the agreement with you in Utah, where it is located and holds the Account. For Maryland residents, if the Account has a Maryland billing address, American Express elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to the 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

• Maryland election applies when the Account has a Maryland billing address, "to the extent, if any, that Maryland law applies".

Not stated here

• The text does not say which provisions Maryland law might change if it applies.

Legal Rights & Agreement Rules · Context

Oregon notice: service charges not above those permitted by law, and you may pay more than the minimum at any time

The Notice to Oregon Residents says that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. It also says you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• Addressed to Oregon residents.

Not stated here

• The text does not say how this notice changes the interest and fee terms elsewhere in the agreement.

Legal Rights & Agreement Rules · Procedure

Call Customer Service first; unresolved claims go to mediation, arbitration or litigation; you may reject arbitration

Most concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service cannot resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending American Express written notice within 45 days after your first Card purchase, as explained under Your Right to Reject Arbitration.

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.

Qualifications & exceptions

• The 45-day period runs from your first Card purchase.
• Rejection must follow the notice requirements in the rejection section.

Not stated here

• The text does not say what a covered borrower under the Military Lending Act or other exceptions mean for the steps described here; those exceptions are explained in the arbitration cards.

Legal Rights & Agreement Rules · Context

In this section "you and us" includes parents, subsidiaries, affiliates and related persons or entities

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities. This extends the section to those related parties on either side.

Supporting quotations

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

Qualifications & exceptions

• Applies only to this Claims Resolution section.

Not stated here

• The text does not list the affiliates or related persons covered.

Legal Rights & Agreement Rules · Context

"Claim" covers nearly any dispute relating to your Account or relationship with American Express, with listed examples

Claim means any current or future claim, dispute or controversy relating to your Account(s), the agreement, or any agreement or relationship you have or had with 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; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims that arise from or relate to accounts created under any of the agreements or their balances, advertisements, promotions or statements related to accounts, goods or services financed under them 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 list uses "includes but is not limited to", so it is not exhaustive.
• The validity, enforceability or scope of the Arbitration provision is carved out of the definition.

Not stated here

• The text does not say who decides questions about the validity, enforceability or scope of the Arbitration provision.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice describing the claim and the relief demanded is sent

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. A sample notice is available at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address.

Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

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

Qualifications & exceptions

• Applies before a lawsuit, mediation or arbitration.
• The claim notice must describe the claim and state the specific relief demanded.

Not stated here

• The sample claim notice at the referenced web address is not supplied in this document.
• The text does not say how long the parties must wait after the notice before beginning a lawsuit.

Legal Rights & Agreement Rules · Procedure

Within 30 days of a claim notice, either side may submit the claim to JAMS or AAA mediation; American Express pays

In mediation, a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, either you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either may submit the claim to JAMS or the American Arbitration Association ("AAA") for mediation. American Express pays the mediator's fees.

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement.

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

Qualifications & exceptions

• The 30-day window runs from sending or receiving a claim notice.
• Submission to mediation is optional ("may").

Not stated here

• The text states American Express pays the fees of the mediator and does not mention other costs of mediation.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, pauses limitation periods, can end at any time, and does not affect the right to arbitrate

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date the claim notice is sent until the mediation terminates. Either you or American Express may terminate the mediation at any time. Submitting, or failing to submit, a claim to mediation does not affect either party'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, ending court and jury rights for that claim, subject to stated exceptions

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, nor to participate in a representative capacity or as a class member. Procedures are generally simpler than in court and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. The arbitrator's decisions are as enforceable as a court order and subject to very limited court review; the decision is final and binding except as the text sets out below, and other rights available in court may not be available in arbitration. Exceptions stated elsewhere in the agreement: American Express will not elect arbitration for a claim you file in small claims court if the claim is individual and pending only in that court; you may reject the arbitration provision within 45 days after your first Card purchase by following the rejection notice requirements; a covered borrower under the Military Lending Act is not subject to the Arbitration provision, though if that borrower elects arbitration American Express states it will comply with its obligations; and either party may appeal an award by notifying within 35 days to have a three-arbitrator panel decide anew.

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.

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.

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.

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.

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

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

To 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.

Qualifications & exceptions

• Applies to any claim that either side elects to arbitrate.
• Not available to American Express for an individual claim you file and keep pending only in small claims court.
• Does not apply if you validly reject it within 45 days after your first Card purchase, or if you are a covered borrower under the Military Lending Act.
• The arbitrator's decision is final and binding "except as set forth below", including the appeal described in the Arbitration Procedures.

Not stated here

• The text does not say what "very limited review" covers beyond the appeal right and the FAA challenge it mentions.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the arbitration provision, but may elect arbitration — The Military Lending Act paragraph says the Arbitration provision does not apply to a covered borrower, while stating that American Express will comply with its obligations if that borrower elects arbitration.
• has exception (model-proposed): American Express will not elect arbitration for an individual claim you file and keep only in small claims court — American Express will not elect arbitration for an individual claim you file and keep only in small claims court, which carves that situation out of the general election right and its loss of court and jury rights.
• qualified by (model-proposed): Arbitration is individual only; if that limit is found invalid, the whole Arbitration provision falls away — Arbitration proceeds only on an individual basis, and if that limitation is found invalid the whole Arbitration provision falls away.
• qualified by (model-proposed): An arbitration award is final and binding unless appealed in writing within 35 days to a three-arbitrator panel — The general statement that the arbitrator's decision is final and binding is qualified by the appeal right described in the Arbitration Procedures.
• has exception (model-proposed): You can reject arbitration by a signed written notice mailed within 45 days after your first Card purchase — A timely, signed rejection notice means the Arbitration provision does not apply to you, which is an exit from the general arbitration election described elsewhere.

Legal Rights & Agreement Rules · Procedure

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

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or the AAA, as selected by the party electing arbitration, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. You contact JAMS or the AAA to begin an arbitration. Claims may also 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).

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.

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

Qualifications & exceptions

• The selected organization's rules apply "except where those rules conflict with this Agreement".
• A claim notice must be sent first.

Not stated here

• The cited Federal Arbitration Act provision is named but its text is not supplied here and is not interpreted.
• The text does not say which organization is used if the party electing arbitration is you and you do not choose.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration for an individual claim you file and keep only in small claims court

If arbitration is chosen by any party, the right to litigate that claim in court or have a jury trial ends. The exception stated here is that 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.

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.

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.

Qualifications & exceptions

• Applies to a claim you file in small claims court that is individual and pending only in that court.
• The statement is about what American Express will not do; it does not say whether you may elect arbitration of such a claim.

Not stated here

• The text does not say what happens to a small claims case if the claim is moved to another court or the claim stops being individual.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — American Express will not elect arbitration for an individual claim you file and keep only in small claims court, which carves that situation out of the general election right and its loss of court and jury rights.

Legal Rights & Agreement Rules · Permission or license

Arbitration can be elected until trial begins or final judgment is entered, and delay does not waive the right

Except for the small claims exception, either 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 party 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. Submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Supporting quotations

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.

The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement.

Qualifications & exceptions

• The election window closes once a case in court has begun trial or reached final judgment.
• Non-waiver language covers delay or not exercising rights under the Arbitration provision.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; if that limit is found invalid, the whole Arbitration provision falls away

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

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

• Applies to any claim a party elects to arbitrate.
• The fallback applies "notwithstanding any other provision".

Not stated here

• The text does not say what court or arbitrator decides whether a limitation is invalid or unenforceable.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — Arbitration proceeds only on an individual basis, and if that limitation is found invalid the whole Arbitration provision falls away.

Legal Rights & Agreement Rules · Procedure

The FAA governs arbitration; the arbitrator applies substantive law but not court procedure or evidence rules

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but 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. Claims are resolved under the selected organization's rules except where they conflict with the agreement.

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.

except where those rules conflict with this Agreement.

Qualifications & exceptions

• The arbitrator's relief is subject to the Limitations on Arbitration.

Not stated here

• The FAA is named but its text is not supplied here and is not interpreted.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential, though either side may notify a government authority of the claim

You and American Express agree the arbitration will be confidential, and agree not to disclose the content of the arbitration proceeding or its outcome to anyone. Either side may notify any government authority of the claim as permitted or required by law.

Supporting quotations

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.

Qualifications & exceptions

• Notice to a government authority is allowed "as permitted or required by law".

Not stated here

• The text does not say whether you may tell others about your own experience of the arbitration.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose a documents, telephone or in-person hearing; a written explanation is available

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on the basis of 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, arbitration hearings take place in the federal judicial district of your residence.

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

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

Qualifications & exceptions

• The format choice applies to claims of $10,000 or less.
• The explanation is provided at any party's request.

Legal Rights & Agreement Rules · Procedure

An arbitration award is final and binding unless appealed in writing within 35 days to a three-arbitrator panel

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 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 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. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• The 35 days run from the date the arbitrator's award is issued.
• The panel decides "anew" any aspect objected to, based on written submissions.

Not stated here

• The organization's appellate rules are not supplied here.
• The FAA is named but its text is not supplied here and is not interpreted.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — The general statement that the arbitrator's decision is final and binding is qualified by the appeal right described in the Arbitration Procedures.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees only up to the court filing fee; American Express pays the rest and may advance your share

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 the 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 the fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Supporting quotations

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• Your share is capped at what the court filing fee would have been.
• The advance and expert-fee payment depend on your written request and American Express's good-faith consideration.

Not stated here

• The court filing fee amount is not stated in the document.

Legal Rights & Agreement Rules · Company commitment

If the award beats American Express's final offer, it is at least $5,000 plus attorneys' 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 includes any money to which you are entitled, but in no case less than $5,000, and any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

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

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

Qualifications & exceptions

• Applies only when the award is greater than American Express's final offer before the final hearing.
• The $5,000 is a minimum for the money portion.

Not stated here

• The text does not say how a "final offer" is identified.

Legal Rights & Agreement Rules · User right or choice

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

To reject the Arbitration provision, you send a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). It 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 it complies, the 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 other benefits, products or services.

Supporting quotations

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

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.
• The notice must be signed personally by you.
• Corporate Card Accounts and claims already in pending litigation or arbitration are excluded from the effect.

Not stated here

• The sample rejection notice at the referenced web address is not supplied in this document.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — A timely, signed rejection notice means the Arbitration provision does not apply to you, which is an exit from the general arbitration election described elsewhere.

Legal Rights & Agreement Rules · Context

The Claims Resolution section survives termination, payment, collection actions, bankruptcy and sale of the Account

The Claims Resolution section survives termination of the Account, voluntary payment of the Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of the Account; on a sale, its terms apply to the buyer. If any portion of the section is deemed invalid or unenforceable, it does not invalidate the remaining portions, except as provided in the Limitations on Arbitration subsection.

Supporting quotations

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 severability clause has an exception for the Limitations on Arbitration subsection.