The Platinum Card® from American Express Exclusively for Morgan Stanley Agreement

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, subject to applicable law; no oral changes

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.

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

• The supplied text does not state a notice period, how a change is communicated, or whether you can reject a change; it says only "subject to applicable law".

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: covered borrowers' credit cost is limited to a 36% annual percentage rate

Federal law gives members of the Armed Forces and their dependents protections on consumer credit. In general, the cost of consumer credit to a covered member and dependent may not exceed an annual percentage rate of 36 percent, and that rate must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones 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.

Qualifications & exceptions

• Stated as the general rule for covered members of the Armed Forces and their dependents.

Not stated here

• The text does not say how the 36 percent rate is applied to this card's particular fees and APRs.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are outside the Arbitration provision; if they elect arbitration it is honored

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. If you elect arbitration, American Express will comply with its obligations under the Claims Resolution section. The same paragraph gives 855-531-0379 to hear this statement and a description of your payment obligation for the Account.

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

• Qualifies the general arbitration rule in Claims Resolution.

Not stated here

• The text does not describe how a covered borrower elects arbitration.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — For Military Lending Act covered borrowers the Arbitration provision does not apply to the Account, although American Express will comply with its obligations if the borrower elects arbitration.

Legal Rights & Agreement Rules · Permission or license

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

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.

Supporting quotations

Assigning the Agreement: 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.

Legal Rights & Agreement Rules · Permission or license

Delaying or not enforcing a right does not waive it on another occasion

American Express may choose to delay enforcing or not exercise 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.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland billing addresses get a Maryland statute election

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

Supporting quotations

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

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

Qualifications & exceptions

• The Maryland statement applies only to accounts with a Maryland billing address.
• The Maryland statute is cited by name; its text is not supplied.

Not stated here

• The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied, so what the election changes for a Maryland billing address is not stated.

Legal Rights & Agreement Rules · Procedure

Call Customer Service first; then mediation, arbitration or litigation; arbitration can be rejected within 45 days

Most 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, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase (see 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.

Qualifications & exceptions

• The 45-day rejection window runs from your first Card purchase.

Legal Rights & Agreement Rules · Context

"You and us" includes affiliates; "Claim" covers nearly any dispute about your Account

In the Claims Resolution 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), 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 a third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements or its balances, advertisements, promotions or statements about 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

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. 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".

Legal Rights & Agreement Rules · Procedure

Before suing, mediating or arbitrating, each side sends a written claim notice stating the claim and relief demanded

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. A sample is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be given 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 goes to arbitration, the amount of relief demanded in a claim notice is not 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.

Legal Rights & Agreement Rules · Procedure

Either side may seek JAMS or AAA mediation within 30 days of a claim notice; American Express pays the mediator

In mediation a neutral mediator helps the parties reach agreement but does not decide the claim. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, you or American Express may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and American Express pays the mediator's fees. Mediation communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date the claim notice is sent until the mediation ends. Either side may end the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Supporting quotations

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

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

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

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration in place of court and jury trial, subject to stated limits

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, and neither has the right to participate in a representative capacity or as a member of a class. Limits on this rule: American Express will not elect arbitration for a claim you file in small claims court, so long as the claim is individual and pending only in that court; the arbitration provision can be rejected by written notice mailed within 45 days after your first Card purchase; for Military Lending Act covered borrowers the Arbitration provision does not apply; and if any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply. Arbitration may otherwise be elected at any time unless the claim is already filed in court and trial has begun or final judgment has been entered.

Supporting quotations

Arbitration: 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.

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.

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.

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

Qualifications & exceptions

• The small-claims, rejection and invalidity limits are quoted from their own passages; the Military Lending Act limit is in Part 2.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are outside the Arbitration provision; if they elect arbitration it is honored — For Military Lending Act covered borrowers the Arbitration provision does not apply to the Account, although American Express will comply with its obligations if the borrower elects arbitration.
• has exception (model-proposed): American Express will not elect arbitration for an individual claim you file in small claims court — American Express will not elect arbitration for an individual claim a customer files in small claims court and that is pending only there.
• qualified by (model-proposed): Arbitrated claims proceed individually, with no class or representative claims; if that fails, the clause falls — Arbitrated claims proceed individually with no class or representative claims, and if the Limitations on Arbitration are held invalid the whole Arbitration provision does not apply.
• has exception (model-proposed): You may reject arbitration by signed written notice mailed within 45 days of your first Card purchase — A customer who mails a compliant rejection notice within 45 days after the first Card purchase is not subject to the Arbitration provision, with stated exceptions.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is narrower than court: limited discovery, claims between you and us only, no joinder, final and binding

The agreement describes arbitration procedures as generally simpler than court rules, with more limited discovery. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to the specific case and cannot be used in another case except to enforce the award. Arbitrator decisions are as enforceable as any court order and subject to very limited court review. Except as set out in the appeal provisions, the decision is final and binding, and other rights you or American Express would have in court may also not be available in arbitration.

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. Other rights you or we would have in court may also not be available in arbitration.

Qualifications & exceptions

• An appeal route within the arbitration organization is described in the Arbitration Procedures passage, which this card does not detail.

Cross-references

• qualified by (model-proposed): Either side can appeal an award within 35 days to a three-arbitrator panel; you may choose your own federal district — The "final and binding" decision is subject to the appeal and challenge rights set out in the Arbitration Procedures passage.

Legal Rights & Agreement Rules · Procedure

To start arbitration, send a claim notice, then refer the claim to JAMS or AAA as the electing party chooses

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

Supporting quotations

Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.

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

Qualifications & exceptions

• The Federal Arbitration Act is cited by name and section; its text is not supplied.

Not stated here

• The sentence "you may select the other within 30 days" does not say in so many words whether "the other" means the other of JAMS and AAA; it is quoted as written.
• The text of section 5 of the Federal Arbitration Act is not supplied, so what an arbitrator appointed under it would involve is not stated.

Legal Rights & Agreement Rules · User right or choice

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

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.

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.

Qualifications & exceptions

• The promise covers claims you file, and only while the claim is individual and pending only in small claims court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — American Express will not elect arbitration for an individual claim a customer files in small claims court and that is pending only there.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not using the right to arbitrate does not waive it

Either you or American Express may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

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.

Legal Rights & Agreement Rules · Restriction or exception

Arbitrated claims proceed individually, with no class or representative claims; if that fails, the clause falls

If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members, or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will 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.

Qualifications & exceptions

• Whether a portion is "deemed invalid or unenforceable" is decided outside this agreement; the card explains the stated consequence only.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — Arbitrated claims proceed individually with no class or representative claims, and if the Limitations on Arbitration are held invalid the whole Arbitration provision does not apply.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA; the arbitrator applies substantive law and may award any relief a court could

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. 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.

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.

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.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential; American Express will not disclose its content or outcome; authorities may be notified

You and American Express agree that the arbitration will be confidential, and that American Express will not disclose the content of the arbitration proceeding or its outcome to anyone. You or American Express 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

• The disclosure bar is worded as what "we" (American Express) will not do; the surrounding sentence says "you and we agree that the arbitration will be confidential".

Not stated here

• The text does not say whether you may yourself discuss the content or outcome of the arbitration; it states only that American Express will not disclose them.

Legal Rights & Agreement Rules · Procedure

Either side can appeal an award within 35 days to a three-arbitrator panel; you may choose your own federal district

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 under the FAA. To start 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 on written submissions, any aspect of the decision objected to, and the appeal otherwise follows the organization's appellate rules. Judgment on any award may be entered in any court with jurisdiction. At your election, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

Cross-references

• qualifies (model-proposed): Arbitration is narrower than court: limited discovery, claims between you and us only, no joinder, final and binding — The "final and binding" decision is subject to the appeal and challenge rights set out in the Arbitration Procedures passage.

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 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.

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 or expert-fee payment is a good-faith consideration on written request, not a promise to pay.

Legal Rights & Agreement Rules · Company commitment

Beating American Express's final offer in arbitration brings at least $5,000 plus reasonable 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 will include 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 made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

You may reject arbitration by signed written notice mailed 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 (a sample is at americanexpress.com/reject). It must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature; no one else may sign it. If it complies, this Arbitration provision and any other arbitration provisions in 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 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 on your Account.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member Agreements for any other currently open American Express Accounts you have will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• The rejection reaches your other open American Express Accounts' arbitration provisions, with the stated exceptions.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — A customer who mails a compliant rejection notice within 45 days after the first Card purchase is not subject to the Arbitration provision, with stated exceptions.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

Legal Rights & Agreement Rules · Restriction or exception

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

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 for the credited amount, you agree not to pursue any claim against the merchant for that amount, and you agree to cooperate with American Express if it decides to pursue the merchant.

Supporting quotations

Disputed charges: 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

• The assignment applies only if American Express chooses to credit the disputed charge.