Delta SkyMiles® Blue American Express Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 is dated June 30, 2026 and issued by American Express National Bank for the Delta SkyMiles Blue Card

This is Part 1 of 3 of the Card Member Agreement for the Delta SkyMiles® Blue American Express Card. The document states it is "As of: 06/30/2026" and names American Express National Bank as the issuer. The version shows rate ranges and the fee table in general form; the credit limit and any rate assigned to a particular account are not in this published text.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Delta SkyMiles® Blue American Express Card

Qualifications & exceptions

• The date is an "As of" date for this Part 1; it is not described as an effective date for each term.

Not stated here

• The credit limit, cash advance limit and the APR assigned to an individual account are not in this published Part 1.

Legal Rights & Agreement Rules · Context

The table points to the Consumer Financial Protection Bureau for credit card tips

The Rates and Fees Table includes a pointer for credit card tips from the Consumer Financial Protection Bureau, with a website address for learning about factors to consider when applying for or using a credit card. It is an informational pointer to a government website that is not part of the supplied text.

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 content of the linked CFPB page is not supplied.

Legal Rights & Agreement Rules · Context

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

The heading states that Part 1, Part 2, Part 3 and any supplements or amendments make up the Card Member Agreement. A Card Member can request a copy through the online account or by calling the number on the back of the Card. This published document includes a rewards supplement after Part 1 and the three Parts.

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

• The sentence is carried by a heading in the source.

Not stated here

• Amendments or supplements other than the Delta rewards supplement in this document are not supplied.

Legal Rights & Agreement Rules · User right or choice

Using the Account or keeping the Card means agreeing to the Agreement; the Card can be cancelled before first use

This Part 2, together with Part 1 and Part 3 and any supplements or amendments, make up the Card Member Agreement for the Account identified on page 1 of Part 1. By using the Account, or signing or keeping the Card, the Card Member agrees to the terms. If the Card Member has not yet used the Account or made a payment on the Account after receiving a billing statement, the Card can be cancelled without any 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.

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

Qualifications & exceptions

• The cancellation right is conditioned on both not having used the Account and not having made a payment after receiving a billing statement, as the sentence is worded.

Not stated here

• The agreement does not state a deadline for the cancellation right.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement subject to applicable law; the written Agreement cannot be modified orally

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. The Agreement does not state in this paragraph how or when notice of a change is given, or a way to reject a change.

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.

Qualifications & exceptions

• The power to change is limited by "applicable law" without naming a law.

Not stated here

• Notice period, method of notice and any right to reject a change are not stated in this paragraph.

Legal Rights & Agreement Rules · Context

"We", "you", "Card" and related terms are defined: you means the applicant, called the Basic or Primary Card Member

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, called the Basic or Primary Card Member. A Card for an Additional Card Member may be requested. Card means any American Express Card or other device issued to access the Account. To pay by a certain date means to send the payment so that American Express receives and credits it to the Account by that date. The Closing Date, shown on each billing statement, is the last day of the billing period covered by the statement.

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.

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• "Pay by a certain date" means received and credited by that date, not sent by that date.

Legal Rights & Agreement Rules · User right or choice

The Military Lending Act caps the cost of credit for service members and dependents at a 36 percent annual rate

The agreement says federal law protects members of the Armed Forces and their dependents in consumer credit. In general, the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain application fees), and any participation fee (other than certain participation fees for a credit Card Account).

Supporting quotations

Military Lending Act: 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

• The text says "in general", so it is a summary and not the full statute.

Not stated here

• The agreement does not say how a Card Member's covered status is determined.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act covered borrowers are not bound by the arbitration provision but may elect arbitration

A phone number (855-531-0379) is given to listen to the Military Lending Act statement and a description of the payment obligation. If the Card Member is a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply in connection with this Account. If the covered borrower elects arbitration, American Express says it 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

• The exception qualifies the arbitration provision in the Claims Resolution section analyzed in later packets.

Not stated here

• Whether other parts of the Claims Resolution section (for example the claim notice and mediation steps) apply to a covered borrower is not stated beyond this sentence.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which replaces court, jury trial and class or representative claims — For a covered borrower under the Military Lending Act the Arbitration provision does not apply to the Account, although the covered borrower may elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If a disputed charge is credited, the Card Member assigns its claims against the merchant to American Express

If the Card Member disputes a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, the Card Member assigns and transfers to American Express all rights and claims (excluding tort claims) against the merchant, agrees not to pursue any claim against the merchant for the credited amount, and must cooperate if American Express decides to pursue it.

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 must cooperate with us if we decide to do so.

Qualifications & exceptions

• Tort claims are excluded from the assignment.

Not stated here

• This paragraph does not describe how a dispute is made or investigated.

Legal Rights & Agreement Rules · Permission or license

American Express may assign the Agreement and Account without notice; the Card Member may not; delay is no waiver

American Express may sell, transfer or assign the Agreement and the Account at any time without notifying the Card Member. The Card Member may not sell, assign or transfer the Account or any obligation under the Agreement. American Express may delay enforcing or not exercise rights under the Agreement, and doing so does not waive its right to exercise or enforce them on any other occasion.

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.

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.

Not stated here

• The agreement does not say who might receive an assigned Account or whether terms would change on assignment.

Legal Rights & Agreement Rules · Context

Utah law and federal law govern the Agreement; Maryland residents have a Maryland Commercial Law election

Utah law and federal law govern the Agreement and the Account without regard to internal principles of conflicts of law. American Express says it entered into the Agreement with the Card Member 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.

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 election is conditioned on a Maryland billing address and on Maryland law applying at all.

Not stated here

• The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied.

Legal Rights & Agreement Rules · User right or choice

Oregon and Washington notices: paying more than the minimum, and no interest from unposted merchant credits

Notice to Oregon residents: service charges not in excess of those permitted by law will be charged on outstanding balances from month to month, and the Card Member may pay more than the Minimum Payment Due, up to the entire outstanding balance, at any time. Notice for residents of Washington State: under the Revised Code of Washington, Section 63.14.167, the Card Member is not responsible for 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 the Card Member has notified American Express of the merchant's delay in posting such credit, or from American Express's failure to post such credit to the Account within three working days of receiving it. The notices apply to residents of those states.

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.

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.

Qualifications & exceptions

• Each notice is stated for residents of the named state.
• The Washington notice cites Section 63.14.167 of the Revised Code of Washington; this is an external citation classified by its wording only.

Not stated here

• The statute's own text is not supplied, so its full conditions are not stated here.

Legal Rights & Agreement Rules · User right or choice

Disputes start with Customer Service; arbitration can be rejected within 45 days of the first Card purchase

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, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. The Card Member may reject the arbitration provision by sending written notice within 45 days after the first Card purchase. The rejection section requires a written notice mailed to a stated address, within 45 days after the first Card purchase, stating that the Card Member rejects the Arbitration provision and including name, address, Account number and personal signature; no one else may sign it.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

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.

Qualifications & exceptions

• The right to reject is time-limited and requires a signed written notice.

Not stated here

• The rejection section is analyzed in full in the last packet.

Cross-references

• refers to (model-proposed): A signed notice mailed within 45 days of the first Card purchase rejects arbitration for this and other open accounts — The overview points to the Your Right to Reject Arbitration paragraph for the rejection steps and effect.

Legal Rights & Agreement Rules · Context

"Claim" is defined broadly and "you and us" includes corporate parents, subsidiaries, affiliates and related entities

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim means any current or future claim, dispute or controversy relating to the Account(s), the Agreement, or any agreement or relationship the Card Member has or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. Claim includes, but is not limited to: 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 a product, service or benefit in connection with any account; and claims arising from or relating to accounts created under any of the agreements, advertisements and promotions, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and the application for any account. The Card Member 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

• "Claim includes but is not limited to" makes the list non-exhaustive.

Not stated here

• Which agreements count as "any of the agreements" is not defined in this section.

Legal Rights & Agreement Rules · Procedure

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

Before beginning a lawsuit, mediation or arbitration, the parties agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve it informally or through mediation. A sample claim notice is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to the Card Member may be given by the billing statement or sent to the billing address. Notice to American Express must include the Card Member's 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 the notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

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

Qualifications & exceptions

• The claim notice is a precondition for starting a lawsuit, mediation or arbitration.

Not stated here

• The sample claim notice at the web address is not supplied.
• What happens if a claim notice is not sent is not stated.

Legal Rights & Agreement Rules · Procedure

A claim can go to JAMS or AAA mediation within 30 days after a claim notice; American Express pays the mediator

In mediation, a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, a claim notice must be sent. Within 30 days after sending or receiving a claim notice, either side 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 terminates. 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

Mediation: In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS

We will pay the fees of the mediator.

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

• The mediator's fees are paid by American Express; other costs are not addressed.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which replaces court, jury trial and class or representative claims

Either the Card Member or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If any party elects arbitration, 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 any class for any claim subject to arbitration. Arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between the Card Member 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, are subject to very limited court review, and are final and binding except as set out later. Other rights available in court may also be unavailable. American Express states it will not elect arbitration for an individual claim filed and pending only in small claims court. The Military Lending Act statement says the arbitration provision does not apply to covered borrowers for this Account, although a covered borrower may elect arbitration and American Express will comply with its obligations.

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.

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.

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 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

• The rights waived apply to claims subject to arbitration after a party elects it.
• The Military Lending Act sentence is in Part 2 and qualifies this section for covered borrowers.

Not stated here

• The limits and procedures of the arbitration provision, including its severability rule, are analyzed in the next packet.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not bound by the arbitration provision but may elect arbitration — For a covered borrower under the Military Lending Act the Arbitration provision does not apply to the Account, although the covered borrower may elect arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration goes to JAMS or AAA as chosen by the electing party, under its rules unless they conflict with the Agreement

Before beginning arbitration, a claim notice must be sent. Claims are referred to 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, the Card Member may select the other within 30 days after receiving notice of the selection. Claims may also be referred to another 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). The Federal Arbitration Act is an external law cited by its wording and is not supplied here.

Supporting quotations

Initiating Arbitration: 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 Agreement controls where the organization's rules conflict with it.

Not stated here

• The rules of JAMS and AAA are not supplied.
• The Federal Arbitration Act text is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration election for individual small claims cases; otherwise arbitration can be elected until trial begins

American Express will not elect arbitration for any claim the Card Member files in small claims court, so long as the claim is individual and pending only in that court. Otherwise either side 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 them.

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 commitment is by American Express and applies to claims the Card Member files.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, with no class or representative claims; if that limit fails the provision falls away

If either side elects arbitration, the claim will be arbitrated on an individual basis. There is no right or authority for any claim to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. Notwithstanding any other provision and without waiving the right to appeal such a decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Supporting quotations

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

• The consequence for the whole provision follows from a finding that a Limitations portion is invalid or unenforceable.

Not stated here

• What court or authority would decide invalidity is not stated in this sentence.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA; the arbitrator applies substantive law but not court procedure or evidence rules

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. Judgment on any award may be entered in any court having jurisdiction. If the claim is for $10,000 or less, the Card Member may choose whether the arbitration is conducted on documents only, through a telephonic hearing, or by an in-person hearing. At the Card Member's election, hearings take place in the federal judicial district of the Card Member's residence. 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.

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.

Qualifications & exceptions

• The FAA is an external law cited by its name and is not supplied here.

Not stated here

• The text of the FAA is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential; neither side discloses its content or outcome, except to notify a government authority

The Card Member and American Express agree that the arbitration will be confidential and that neither will disclose the content of the arbitration proceeding or its outcome to anyone, but either 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 confidentiality duty is stated as applying to both sides.

Not stated here

• The text does not say whether the Card Member may discuss the claim with advisers or family.

Legal Rights & Agreement Rules · User right or choice

An award is final and binding but can be appealed 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 this section and to challenge or appeal an award 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 based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the arbitration organization's appellate rules. The earlier arbitration paragraph likewise says the arbitrator's decision is final and binding except as set out later.

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.

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

Not stated here

• The appellate rules of the arbitration organization are not supplied.

Legal Rights & Agreement Rules · User right or choice

The Card Member pays arbitration fees only up to a court filing fee; a win above the final offer carries at least $5,000

The Card Member is responsible for paying a share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees that would have been incurred in court, and American Express is responsible for any additional arbitration fees. At the Card Member's written request, American Express will consider in good faith making a temporary advance of the Card Member's share of arbitration fees, or paying the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in the Card Member's favor for an amount greater than any final offer American Express made before the final hearing, the award will include any money to which the Card Member is entitled, in no case less than $5,000, and any reasonable attorneys' fees, costs, and expert and other witness fees.

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.

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

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

Qualifications & exceptions

• The $5,000 minimum is tied to an award above American Express's final pre-hearing offer.
• The good-faith advance is something American Express will "consider", not a promise to pay.

Not stated here

• The agreement does not say how a "final offer" is made or recorded.

Legal Rights & Agreement Rules · User right or choice

A signed notice mailed within 45 days of the first Card purchase rejects arbitration for this and other open accounts

The Card Member may reject the Arbitration provision by sending a written rejection notice to American Express at P.O. Box 981556, El Paso, TX 79998; a sample is at americanexpress.com/reject. The notice must be mailed within 45 days after the first Card purchase, state that the Card Member rejects the Arbitration provision and include 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 do not apply, except for Corporate Card accounts and claims subject to pending litigation or arbitration when the notice is sent. Rejecting does not affect other rights or responsibilities under the Claims Resolution section or the Agreement, or the ability to use the Card or any other benefit, product or service on the 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 notice must be personally signed by the Card Member and no one else may sign it.

Not stated here

• The sample rejection notice at the web address is not supplied.

Cross-references

• referred to by (model-proposed): Disputes start with Customer Service; arbitration can be rejected within 45 days of the first Card purchase — The overview points to the Your Right to Reject Arbitration paragraph for the rejection steps and effect.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives termination, payoff, bankruptcy and sale; invalid parts are severed

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; in a sale, its terms apply to the buyer. If any portion of the section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it does not invalidate the remaining portions.

Supporting quotations

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

Qualifications & exceptions

• The general severability sentence does not apply to the Limitations on Arbitration subsection, which has its own rule.