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How you receive Points You receive 3 Hilton Honors Bonus Points Eligible purchases do NOT include:
(Points) for each dollar of eligible purchases on ● fees or interest charges,
® ● balance transfers,
your Hilton Honors American Express Surpass
Card (Card Account). Eligible purchases are ● cash advances,
purchases for goods and services minus returns ● purchases of traveler's checks,
and other credits. ● purchases or reloading of prepaid cards,
● purchases of any cash equivalents, or
● person-to-person transactions.
How you receive additional You receive 9 additional Points (a total of 12) ● a merchant uses a third-party to sell their
Points for each dollar of eligible purchases on your products or services; or
Card Account charged directly with a property ● a merchant uses a third-party to process or
within the Hilton portfolio. submit your transaction to us (e.g., using
mobile or wireless card readers); or
You receive 3 additional Points (a total of 6)
● you choose to make a purchase using a third-
for each dollar of eligible purchases on your
party payment account or make a purchase
Card Account:
using a mobile or digital wallet.
● at restaurants located in the U.S.,
● at supermarkets located in the U.S.
For questions about additional Points on a
purchase, call the number on the back of your
(superstores and warehouse clubs are not
Card. Please visit americanexpress.com/
considered supermarkets), and
● on gasoline at gas stations located in the U.S. rewards-info for more information about
(superstores, supermarkets and warehouse rewards.
clubs that sell gasoline are not considered From time to time, we may make promotional
gas stations). offers of bonus Points. These offers include
Merchants are assigned codes based on terms about how you can earn the bonus Points
what they primarily sell. We group certain and when you can use them. These offer terms
merchant codes into categories that are may differ from the terms above concerning
eligible for additional Points. A purchase with Points earned for eligible purchases to your
a merchant will not receive additional Points if Card Account, including about when you can
the merchant's code is not included in a reward use the Points.
category. You may not receive additional Points You can view your Points balance by
if we receive inaccurate information or are logging onto your online account at
otherwise unable to identify your purchase as americanexpress.com and viewing your
eligible for a reward category. For example, you account summary page.
may not receive additional Points when:
When we transfer Points We transfer the Points you receive to your Hilton Honors program account after the end of the billing
period in which you received them.
Hilton Honors Points received from your Card will be posted to your Hilton Honors account up to 12
weeks after the end of your billing cycle. Your account must not be cancelled or delinquent at the
time of fulfillment. Your Hilton Honors Points are subject to Hilton Honors Terms and Conditions, see
HiltonHonors.com/terms.
When you will forfeit If the Minimum Payment Due is not paid by the You may reinstate those Points within the next
Points Payment Due Date of the billing period in which 12 billing periods if your Card Account is not
it is due, you will forfeit the Points you earned for past due and you pay a $35 fee.
eligible purchases during that billing period. For
example, if your billing period closes January 15
and the minimum payment for that billing period
is due on February 10, and you do not make
that minimum payment due by the due date on
February 10, then you will not earn Points for
purchases in the billing period ending February
15.
Hilton Honors Free If the total eligible purchases on your Card The Free Night Reward will be issued in the
Night Reward Account reach $15,000 or more during a form of a redeemable code and sent to you
calendar year, you will receive a Free Night in an email from Hilton Honors to the email
Reward from Hilton Honors. address listed on your Hilton Honors account.
A calendar year is from January 1 to December You will receive the reward email within 8 to
31 regardless of when you open your Card 12 weeks after you have met the purchase
Account. This means that during your first year requirement.
as a Cardmember you may have fewer months Call Hilton Honors to redeem your Free Night
to accumulate eligible purchases toward a Free Reward. The Free Night Reward will expire after
Night Reward. 12 months from the date of issuance.
This benefit is only available to the Basic
Cardmember; however, eligible purchases made
by Additional Cardmembers will contribute to the
purchase requirement.
Other things you should You will receive Points only for eligible We are not responsible for Points after they are
know about this program purchases intended for personal, family or credited to your Hilton Honors program account.
household use. We are also not responsible for the actions of
We may change the terms of this program at our Hilton on your Hilton Honors program account.
discretion. If you violate or abuse this program, Hilton Honors membership and redemption of
you may forfeit some or all of your Points. Points are subject to Hilton Honors Terms and
Conditions. Visit HiltonHonors.com/terms for
more information.
Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days advance
law. We may do this in response to the business, legal or notice, and we will tell you in the notice if you have
competitive environment. This written Agreement is a final the right to reject a change. We cannot change certain
expression of the agreement governing the Account. The terms during the first year of your Cardmembership.
written Agreement may not be contradicted by any alleged
oral agreement.
We cannot increase the interest rate on existing balances
except in limited circumstances.
Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods, services, or
the Agreement Part 1. You and your mean the person who applied for person-to-person transactions. A cash advance is
this Account and for whom we opened the Account. You a charge to get cash or cash equivalents, including
and your also mean anyone who agrees to pay for this travelers cheques, gift cheques, foreign currency,
Account. You are the Basic Cardmember. You may money orders, digital currency, casino gaming chips,
request a card for an Additional Cardmember (see race track wagers, and similar offline and online
About Additional Cardmembers in Part 2). betting transactions. A balance transfer is a charge
to pay an amount you owe on another credit card
Card means any card or other device that we issue to account. A person-to-person transaction is a
access your Account. A charge is any amount added charge for funds sent to another person or a charge
to your Account, such as purchases, cash advances, TM
to add funds to your Amex Send Account. A plan
balance transfers, fees and interest charges.
is a portion of your account balance that you have
selected to pay over time through a set number of
monthly payments using Plan It.
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 (see About your payments in Part 2).
CMAENCMAR000133 Page 1 of 10
Limits on person-to-person Your person-to-person transactions may not exceed the do not exceed the limit on person-to-person
transactions $2,000 person-to-person transactions limit within any 30- transactions.
day period. We may not approve a person-to-person transaction if
You agree to manage your Account so that the total of it would cause your Account to exceed the person-to-
your person-to-person transactions in any 30-day period person transaction limit or your Credit Limit.
Declined transactions We may decline to authorize a charge. Reasons we may and your Account is not in default. We are not
do this include suspected fraud and our assessment of responsible for any losses you incur if we do not
your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any
would not cause you to go over your Credit Limit merchant refuses to accept the card.
About the Plan It feature We may offer you Plan It, which allows you to create a Your ability to create plans will be based on a variety
payment plan for qualifying purchases or a qualifying of factors such as your creditworthiness and your
amount, subject to a plan fee. This fee is a fixed finance Credit Limit. You will not be able to create plans if
charge that will be charged each month that a plan is your Account is cancelled. You will also not be able to
active. create plans if one or more of your American Express
accounts is enrolled in a payment program, or has
You may use this feature by selecting qualifying purchases a payment that is returned unpaid, or is past due.
or a qualifying amount and a plan duration. You will be We will tell you the number of active plans you may
able to view the monthly plan payments, including the plan have and we may change this number at any time.
fee, for your selection. Each plan fee will be disclosed The plan durations offered to you, and your ability to
before you create the applicable plan and will be based include multiple qualifying purchases or a qualifying
on the plan duration, the APR that would otherwise apply amount in a single plan, will be at our discretion and
to the purchases or amount, and other factors. When you will be based on a variety of factors such as your
set up a plan, the purchases or amount will be added to creditworthiness, the purchase amount(s), and your
a plan balance and will be subject to a plan fee instead of Account history. You agree to manage your Account
the APR for purchases. so that the total of your plan balances (including plan
A qualifying purchase for Plan It is a purchase of at least a fees) is not more than your Credit Limit.
specified dollar amount. A qualifying amount for Plan It is Plans cannot be cancelled after they have been
a specified portion of your balance. Qualifying purchases created but you can choose to pay them early by
or a qualifying amount do not include purchases of cash or paying the New Balance shown on your most recent
cash equivalents, balance transfers (if offered), purchases billing statement in full. If you pay a plan off early, you
subject to Foreign Transaction Fees, or any fee owed to will not incur any future plan fees on that plan.
us, such as Annual Membership fees.
About your payments
When you must pay You must pay at least the Minimum Payment Due by the Payment Due in such time and manner by the
Payment Due Date. The Minimum Payment Due and Payment Due Date shown on your billing statement.
Payment Due Date are shown on each billing statement. Each statement also shows a Closing Date. The
Each statement also states the time and manner by which Closing Date is the last day of the billing period
you must make your payment for it to be credited as covered by the statement. Each Closing Date is about
of the same day it is received. For your payment to be 30 days after the previous statement's Closing Date.
considered on time, we must receive at least the Minimum
How to make payments Make payments to us in U.S. dollars with: If we receive it after that time, we will credit the
● a single check drawn on a U.S. bank, or payment on the day after we receive it.
● a single negotiable instrument clearable through the
U.S. banking system, for example a money order, or If your payment does not meet the above
● an electronic payment that can be cleared through the requirements, there may be a delay in crediting your
U.S. banking system. Account. This may result in late fees and additional
When making a payment by mail: interest charges (see How Rates and Fees Work on
● make a separate payment for each account, page 2 of Part 1).
● mail your payment to the address shown on the We will not accept a payment made in a foreign
payment coupon on your billing statement, and currency or a payment drawn on an account at a
● write your Account number on your check or negotiable
bank located outside of the U.S.
instrument and include the payment coupon.
If your payment meets the above requirements, we will If we process a late payment, a partial payment, or a
credit it to your Account as of the day we receive it, as payment marked with any restrictive language, that
long as we receive it by the time disclosed in your billing will have no effect on our rights and will not change
statement. this Agreement.
How we apply payments Your Account may have balances with different interest In most cases, we apply a credit to the same balance
and credits rates. For example, purchases may have a lower interest as the related charge. For example, we apply a credit
rate than cash advances. Your Account may also have for a purchase to the purchase balance. We may
Plan balances which are assessed plan fees. If your apply payments and credits within balances, and
Account has balances with different interest rates, Plan among balances with the same interest rate, in any
balances, or plan fees, here is how we generally apply order we choose. If there is a negative balance in
payments in a billing period: any balance on the account at the end of a billing
We apply your payments, up to the Minimum Payment period, that excess credit will be redistributed to
Due, first to any plan amounts included in your Minimum other balances in accordance with how we apply
Payment Due, then to the balance subject to the lowest payments described above. This means that in
interest rate, and then to balances subject to higher certain circumstances, Plan balances may get paid
interest rates. before they otherwise would. If you receive a credit
After the Minimum Payment Due has been paid, we apply for a purchase placed into a plan, you must call us
your payments to the balance subject to the highest at the number on the back of your card to have the
interest rate, then to balances subject to lower interest credit applied to the Plan balance."
rates, and then to any Plan balances.
CMAENCMAR000133 Page 2 of 10
About your Minimum Payment Due
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due billing statement, we start with the highest of:
EXAMPLE: Assume that your New Balance is $2,900,
(1) Interest charged on the billing statement plus 1% interest is $29.57, and you have no active plans,
of the New Balance (excluding any interest, penalty overlimit amount, penalty fees, or amounts past due.
fees, overlimit amount, and plan balances); or
(2) 2% of the New Balance (excluding any penalty (1) $29.57 + 1% multiplied by ($2,900 - $29.57) =
fees, overlimit amount, and plan balances); or $58.27
(3) $40. (2) $58 (2% of $2,900)
Then we add any penalty fees shown on the billing (3) $40
statement, up to 1/24th of any overlimit amount, any
The highest of (1), (2) or (3) is $58.27
plan payment due, and any amount past due.
If your account has any active plans, overlimit
Your Minimum Payment Due will not exceed your amount, penalty fees, or amounts past due, your
New Balance. You may pay more than the Minimum Minimum Payment Due will be higher.
Payment Due, up to your New Balance, at any time.
CMAENCMAR000133 Page 3 of 10
Determining the Prime Rate We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period
is the Prime Rate published in The Wall Street Journal on the Closing Date of the billing period.
The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate
from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime
Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a
similar published rate.
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay
more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting
changes to variable APRs take effect as of the first day of the billing period.
Converting charges made in a If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S.
foreign currency dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this
conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable
to us for that date. The rate AEEML uses is no more than the highest official rate published by a government
agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date
or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill
charges converted by establishments (such as airlines) at the rates they use.
Changing your billing address You must notify us immediately if you change the: If you have more than one account, you need to notify
● mailing address to which we send billing us separately for each account.
statements; or We may update your billing address if we receive
● e-mail address to which we send notice that your information that it has changed or is incorrect.
billing statement is available online.
Closing your Account You may close your Account by calling us or writing to us.
If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your
Account within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations
after this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to
your Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement.
If your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy
will not apply to you.
Cancelling or suspending your We may: We may do any of these things at our discretion, even
Account ● cancel your Account, if you pay on time and your Account is not in default.
● suspend the ability to make charges, If your Account is cancelled, you must destroy your
● cancel or suspend any feature on your Account, cards.
and
● notify merchants that your Account has been We may agree to reinstate your Account after a
cancelled or suspended. cancellation. If we do this, we may:
● reinstate any additional cards issued on your
If we do any of these, you must still pay us for all Account,
charges under the terms of this Agreement. ● charge you any applicable annual fees, and
● charge you a fee for reinstating the Account.
CMAENCMAR000133 Page 4 of 10
About default We may consider your Account to be in default if: If we consider your Account in default, we may, to the
● you violate a provision of this Agreement, extent permitted by federal and applicable state law:
● you give us false information, ● suspend your ability to make charges,
● you file for bankruptcy, ● cancel or suspend any feature on your Account,
● you default under another agreement you have ● require you to pay more than your Minimum
with us or an affiliate, Payment Due immediately, and
● you become incapacitated or die, or ● require you to pay your Account balance
● we believe you are unable or unwilling to pay your immediately.
debts when due.
Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.
Credit reports You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information
about you from other sources including information to verify and re-verify your employment and income. And
you agree that we will use such information for any purposes (for example, marketing to you or evaluating you
for a new account), subject to applicable law.
You agree that we will give information about the Account to credit reporting agencies. We will tell a credit
reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your
credit report.
If you believe information we have given to a credit reporting agency is incorrect, write to us at: American
Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the
specific information you believe is incorrect.
Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing
address on our records. Any notice that we send you this way is deemed to be given when deposited in the
U.S. mail.
We may contact you Servicing and Collections
If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our
affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at
any phone number or email address you provide, from which you contact us, or at which we believe we can
reach you. We may contact you in any way, such as calling, texting, emailing, sending mobile application push
notifications or using any other method of communication permitted by law. We may contact you using an
automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if
you are charged for it.
Call monitoring
We may monitor and record any calls between you and us.
About insurance products We or our affiliates may tell you about insurance and non-insurance products, services or features that
may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be
compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may
get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer.
Compensation may influence what products and providers we or our affiliates tell you about.
We may share information about you with our affiliates so they can identify products that may interest you. We
may be compensated for this information.
How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducted from
debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day
other asset account. we receive your check. Also, you will not receive that
account
We may process the check electronically by cancelled check with your bank or asset account
transmitting to your financial institution: billing statement.
● the amount, If we cannot collect the funds electronically, we may
● the routing number, issue a draft against your bank or other asset account
● the account number, and for the amount of the check.
● the check serial number.
Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you make charges at these
agencies, we collect certain charge information. That information may be put to routine uses such as
processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other
routine uses by agencies may be published in the Federal Register.
Convenience checks Convenience checks (including balance transfer add the fee to the same balance that we add the
checks) are checks that we may send you to access convenience check transaction to.
your Account. The following terms will apply to use We will charge $29 each time you ask us to stop
of those checks unless otherwise disclosed with the payment on a convenience check.
check. A convenience check is not a card. You may not use
If you use a convenience check, we may decline it. convenience checks to pay this or any other account
If we decline it, you may have to pay returned check with us or our affiliates. If you use a convenience
fees or other penalties to whomever you wrote the check, we will apply the:
check. ● cash advance APR if you make it payable to cash,
If you use a convenience check and we honor it, to you, or to a bank, brokerage or similar asset
we will charge interest beginning as of the date we account, or to a mortgage or insurance provider.
receive the check. You cannot avoid paying interest ● purchase APR if you make it payable to a
on convenience check transactions. merchant.
We will charge a fee for each convenience check ● balance transfer APR if you use it to transfer a
transaction. This fee is 3% of the transaction, with a balance from another creditor.
● penalty APR if it applies to your Account.
minimum of $5. This fee is a finance charge. We will
Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion.
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.
Assigning claims 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.
CMAENCMAR000133 Page 5 of 10
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.
Governing law Utah law and federal law govern this Agreement and In addition, if your billing address is in the State
your Account. They govern without regard to internal of Maryland, to the extent, if any, that Maryland
principles of conflicts of law. We are located in Utah. law applies to your account, we elect to offer your
We hold your Account in Utah. We entered into this card account pursuant to Title 12, Subtitle 9 of the
Agreement with you in Utah. Maryland Commercial Law Article.
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 In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for
Washington State 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.
Claims Resolution
Most customer concerns can be resolved by Mediation the claim is filed, except where those rules
calling our Customer Service Department at the In mediation, a neutral mediator helps parties conflict with this Agreement. If we choose the
number listed on the back of your card. In the resolve a claim. The mediator does not decide organization, you may select the other within
event Customer Service is unable to resolve the claim but helps parties reach agreement. 30 days after receiving notice of our selection.
a complaint to your satisfaction, this section Before beginning mediation, you or we must Contact JAMS or AAA to begin an arbitration
explains how claims can be resolved through first send a claim notice. Within 30 days after or for other information. Claims also may be
mediation, arbitration or litigation. It includes sending or receiving a claim notice, you or we referred to another arbitration organization if
an arbitration provision. You may reject the may submit the claim to JAMS (1-800-352-5267, you and we agree in writing or to an arbitrator
arbitration provision by sending us written jamsadr.com) or the American Arbitration appointed pursuant to section 5 of the Federal
notice within 45 days after your first card Association ("AAA") (1-800-778-7879, adr.org) Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
purchase. See Your Right to Reject Arbitration for mediation. We will pay the fees of the We will not elect arbitration for any claim you
below. mediator. All mediation-related communications file in small claims court, so long as the claim
For this section, you and us includes any are confidential, inadmissible in court and not is individual and pending only in that court.
corporate parents, subsidiaries, affiliates or subject to discovery. You or we may otherwise elect to arbitrate
related persons or entities. Claim means any All applicable statutes of limitation will be tolled any claim at any time unless it has been filed
current or future claim, dispute or controversy from the date you or we send the claim notice in court and trial has begun or final judgment
relating to your Account(s), this Agreement, or until termination of the mediation. Either you or has been entered. Either you or we may delay
any agreement or relationship you have or had we may terminate the mediation at any time. enforcing or not exercise rights under this
with us, except for the validity, enforceability The submission or failure to submit a claim to Arbitration provision, including the right to
or scope of the Arbitration provision. Claim mediation will not affect your or our right to elect arbitrate a claim, without waiving the right to
includes but is not limited to: (1) initial claims, arbitration. exercise or enforce those rights.
counterclaims, crossclaims and third-party claims; Limitations on Arbitration
(2) claims based upon contract, tort, fraud, Arbitration
statute, regulation, common law and equity; You or we may elect to resolve any claim by If either party elects to resolve a claim by
(3) claims by or against any third party using individual arbitration. Claims are decided by a arbitration, that claim will be arbitrated
or providing any product, service or benefit in neutral arbitrator. on an individual basis. There will be
connection with any account; and (4) claims that If arbitration is chosen by any party, neither no right or authority for any claims to
arise from or relate to (a) any account created you nor we will have the right to litigate that be arbitrated on a class action basis or
under any of the agreements, or any balances on claim in court or have a jury trial on that on bases involving claims brought in a
any such account, (b) advertisements, promotions claim. Further, you and we will not have purported representative capacity on behalf
or statements related to any accounts, goods or the right to participate in a representative of the general public, other cardmembers
services financed under any accounts or terms capacity or as a member of any class or other persons similarly situated.
of financing, (c) benefits and services related pertaining to any claim subject to arbitration. Notwithstanding any other provision and
to card membership (including fee-based or Arbitration procedures are generally simpler without waiving the right to appeal such
free benefit programs, enrollment services and than the rules that apply in court, and decision, if any portion of these Limitations on
rewards programs) and (d) your application for discovery is more limited. The arbitrator's Arbitration is deemed invalid or unenforceable,
any account. You may not sell, assign or transfer authority is limited to claims between you then the entire Arbitration provision (other than
a claim. and us alone. Claims may not be joined this sentence) will not apply.
or consolidated unless you and we agree
Sending a Claim Notice in writing. An arbitration award and any Arbitration Procedures
Before beginning a lawsuit, mediation or judgment confirming it will apply only to This Arbitration provision is governed by
arbitration, you and we agree to send a written the specific case and cannot be used in any the FAA. The arbitrator will apply applicable
notice (a claim notice) to each party against other case except to enforce the award. The substantive law, statutes of limitations and
whom a claim is asserted, in order to provide arbitrator's decisions are as enforceable privileges. The arbitrator will not apply any
an opportunity to resolve the claim informally or as any court order and are subject to very federal or state rules of civil procedure or
through mediation. Go to americanexpress.com/ limited review by a court. Except as set forth evidence in matters relating to evidence
claim for a sample claim notice. The claim notice below, the arbitrator's decision will be final or discovery. Subject to the Limitations on
must describe the claim and state the specific and binding. Other rights you or we would Arbitration, the arbitrator may otherwise award
relief demanded. Notice to you may be provided have in court may also not be available in any relief available in court. You and we agree
by your billing statement or sent to your billing arbitration. that the arbitration will be confidential. You
address. Notice to us must include your name, and we agree that we will not disclose the
address and Account number and be sent to Initiating Arbitration content of the arbitration proceeding or its
American Express ADR c/o CT Corporation Before beginning arbitration, you or we must first outcome to anyone, but you or we may notify
System, 28 Liberty Street, New York, New York send a claim notice. Claims will be referred to any government authority of the claim as
10005. If the claim proceeds to arbitration, the either JAMS or AAA, as selected by the party permitted or required by law.
amount of any relief demanded in a claim notice electing arbitration. Claims will be resolved If your claim is for $10,000 or less, you
will not be disclosed to the arbitrator until after the pursuant to this Arbitration provision and the may choose whether the arbitration will be
arbitrator rules. selected organization's rules in effect when conducted solely on the basis of documents,
CMAENCMAR000133 Page 6 of 10
through a telephonic hearing, or by an in-person fees. At your written request, we will consider in Arbitration provision and any other arbitration
hearing. At any party's request, the arbitrator will good faith making a temporary advance of your provisions in the cardmember agreements for
provide a brief written explanation of the award. share of any arbitration fees, or paying for the any other currently open American Express
The arbitrator's award will be final and binding, reasonable fees of an expert appointed by the accounts you have will not apply to you, except
subject to each party's right to appeal as stated arbitrator for good cause. for Corporate Card accounts and any claims
in this section and/or to challenge or appeal an Additional Arbitration Awards subject to pending litigation or arbitration at the
arbitration award pursuant to the FAA. To initiate If the arbitrator rules in your favor for an time you send your rejection notice. Rejection
an appeal, a party must notify the arbitration amount greater than any final offer we made of this Arbitration provision will not affect your
organization and all parties in writing within 35 before the final hearing in arbitration, the other rights or responsibilities under this Claims
days after the arbitrator's award is issued. The arbitrator's award will include: (1) any money to Resolution section or the Agreement. Rejecting
arbitration organization will appoint a three- which you are entitled, but in no case less than this Arbitration provision will not affect your
arbitrator panel to decide anew, by majority vote $5,000; and (2) any reasonable attorneys' fees, ability to use your card or any other benefit,
based on written submissions, any aspect of the costs and expert and other witness fees. product or service you may have with your
decision objected to. The appeal will otherwise Account.
proceed pursuant to the arbitration organization's Your Right to Reject Arbitration
You may reject this Arbitration provision by Continuation
appellate rules. Judgment upon any award may This section will survive termination of your
be entered in any court having jurisdiction. At your sending a written rejection notice to us at:
American Express, P.O. Box 981556, El Paso, Account, voluntary payment of your Account
election, arbitration hearings will take place in the balance, any legal proceeding to collect a debt,
federal judicial district of your residence. TX 79998. Go to americanexpress.com/reject
for a sample rejection notice. Your rejection any bankruptcy and any sale of your Account
Arbitration Fees and Costs notice must be mailed within 45 days after your (in the case of a sale, its terms will apply to the
You will be responsible for paying your share first card purchase. Your rejection notice must buyer of your Account). If any portion of this
of any arbitration fees (including filing, state that you reject the Arbitration provision Claims Resolution section, except as otherwise
administrative, hearing or other fees), but only up and include your name, address, Account provided in the Limitations on Arbitration
to the amount of the filing fees you would have number and personal signature. No one else subsection, is deemed invalid or unenforceable,
incurred if you had brought a claim in court. We may sign the rejection notice. If your rejection it will not invalidate the remaining portions of
will be responsible for any additional arbitration notice complies with these requirements, this this Claims Resolution section.
CMAENCMAR000133 Page 7 of 10
or for other information. Claims also may be evidence or discovery. Subject to the Arbitration Fees and Costs
referred to another arbitration organization if Limitations on Arbitration provisions, the You will be responsible for paying your share
you and we agree in writing or to an arbitrator arbitrator may otherwise award any relief of any arbitration fees (including filing,
appointed pursuant to section 5 of the Federal available in court. You and we agree that the administrative, hearing or other fees), but only
Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We arbitration will be confidential. You and we up to the amount of the filing fees you would
will not request arbitration for any claim you file agree that we will not disclose the content have incurred if you had brought a claim in
in small claims court, so long as the claim is of the arbitration proceeding or its outcome court. We will be responsible for any additional
individual and pending only in that court. You to anyone, but you or we may notify any arbitration fees. At your written request, we
may otherwise elect to arbitrate any claim at any government authority of the claim as permitted will consider in good faith making a temporary
time unless it has been filed in court and trial has or required by law. advance of your share of any arbitration fees,
begun or final judgment has been entered. If your claim is for $10,000 or less, you or paying for the reasonable fees of an expert
Limitations on Arbitration may choose whether the arbitration will be appointed by the arbitrator for good cause.
If the parties agree to resolve a claim by conducted solely on the basis of documents, Additional Arbitration Awards
arbitration, that claim will be arbitrated on an through a telephonic hearing, or by an in If the arbitrator rules in your favor for an
individual basis pursuant to that agreement, person hearing. At any party's request, the amount greater than any final offer we made
and the agreement would not allow claims arbitrator will provide a brief written explanation before the final hearing in arbitration, the
to be arbitrated on a class action basis or on of the award. The arbitrator's award will be arbitrator's award will include: (1) any money to
bases involving claims brought in a purported final and binding, subject to each party's right which you are entitled, but in no case less than
representative capacity on behalf of the to appeal as stated in this section and/or $5,000; and (2) any reasonable attorneys' fees,
general public, other Cardmembers, or other to challenge or appeal an arbitration award costs and expert and other witness fees.
persons similarly situated. pursuant to the FAA. To initiate an appeal, a
party must notify the arbitration organization Continuation
Notwithstanding any other provision and without and all parties in writing within 35 days after This section will survive termination of your
waiving the right to appeal such decision, if the arbitrator's award is issued. The arbitration Account, voluntary payment of your Account
any portion of these Limitations on Arbitration organization will appoint a three-arbitrator panel balance, any legal proceeding to collect a debt,
provisions is deemed invalid or unenforceable, to decide anew, by majority vote based on any bankruptcy and any sale of your Account
then the entire Arbitration provision (other than this written submissions, any aspect of the decision (in the case of a sale, its terms will apply to the
sentence) will not apply. objected to. The appeal will otherwise proceed buyer of your Account). If any portion of this
Arbitration Procedures pursuant to the arbitration organization's Claims Resolution section, except as otherwise
This Arbitration provision is governed by the FAA. appellate rules. Judgment upon any award provided in the Limitations on Arbitration
The arbitrator will apply applicable substantive law, may be entered in any court having jurisdiction. subsection, is deemed invalid or unenforceable,
statutes of limitations and privileges. The arbitrator At your election, arbitration hearings will take it will not invalidate the remaining portions of
will not apply any federal or state rules of civil place in the federal judicial district of your this Claims Resolution section.
procedure or evidence in matters relating to residence.
CMAENCMAR000133 Page 8 of 10
Your Agreement for Transferring Funds Electronically
This EFT Agreement is between American Improper transactions or payments the documents that we used in our
Express Travel Related Services Company, If we do not complete a transfer to or from your investigation. If we have credited your bank
Inc. and you, once you enroll in an Electronic bank account on time or in the correct amount, account and find no error, we will tell you when
Funds Transfer Service of ours (service) such as according to this EFT Agreement, we will be we will withdraw that amount from your bank
AutoPay, Pay By Computer, or Pay By Phone. liable for your losses or damages. account again. You authorize us to withdraw
This replaces any previous agreement you may There are some exceptions. We are not liable: this amount from your bank account. If your
have with us for the services. ● if, through no fault of ours, you do not have bank account does not have enough funds
Words we use in this agreement enough money in your bank account; to cover this withdrawal, we can charge the
In this EFT Agreement, you and your mean, ● if the transfer would go over the credit limit on amount to your card account or collect the
in addition to the Basic Cardmember, any any overdraft line you may have; amount from you. If this happens, we may
Additional Cardmembers who have enrolled in ● if the funds in your bank account were subject cancel your right to use a service.
the service. We, our, and us mean American to legal process or other encumbrance that We may end the services
Express Travel Related Services Company, restricted the transaction; We may extend or limit the services at any
● if circumstances beyond our control (such
Inc. Your card account means the American location without telling you ahead of time. Also,
as fire or flood) prevented the transaction,
Express card account. Your bank is the bank, despite our reasonable precautions; or we may stop a service at any time.
securities firm, or other financial institution that ● if the terminal or system was not working We may cancel your participation in a service
holds your bank account. Your bank account properly and you knew about the breakdown at any time. If we do, we will write to you, but
is the bank account you use to pay for any when you started the transfer. we may not send you the notice until after we
transactions you make through the service. cancel. Also, we may refuse to authorize a
Privacy
Withdraw or withdrawal means an electronic transaction at our discretion.
We will disclose information to third parties about
debit or deduction of funds from your bank
your transactions: We will end or suspend use of a service if:
account. Our business days are Monday through
● when necessary for completing transactions; ● you do not use it for 18 months in a row,
Friday, excluding holidays. ● to comply with government agency or court ● your card account is in default,
AutoPay, Pay By Computer, Pay By Phone orders; or ● your card account is cancelled or
With these services, you can initiate electronic ● as stated in our Privacy Notice, which covers suspended,
payments to your card account. When you do your use of the services. ● you cancel the authorization you gave your
so, you allow us or our agent to draw a check Arbitration bank to pay for any transactions you make
on or initiate an automated clearing house The Claims Resolution section or, as applicable, through the service, or
(ACH) withdrawal from your bank account in the the Claims Resolution for Covered Borrowers ● your bank account is closed to withdrawals
amount you authorize. section, in Part 2 of the Cardmember Agreement, by us or our agents.
If your bank returns a check or ACH withdrawal applies to this EFT Agreement and the services. You may choose to stop using any service.
unpaid the first time we submit it for payment, we If you do, you must write to us at American
In case of errors or questions
may cancel your right to use the service. Your Express, Electronic Funds Services, P.O. Box
If you think your statement or receipt is wrong, or
bank may charge you a fee if this happens. 981531, El Paso, TX 79998-1531.
if you need more information about a transaction
How to contact us about the services on your statement or receipt, call or write Assignment
You can call us at 1-800-IPAY-AXP for Pay By us as soon as you can. We must hear from We may assign this EFT Agreement to a
Phone questions, at 1-800-528-2122 for Pay By you no later than 60 days after we sent the subsidiary or affiliate at any time.
Computer questions, and at 1-800-528-4800 for FIRST statement on which the problem or error Note for Massachusetts residents
AutoPay questions. You may also write to us at appeared. If you do not contact us because of General disclosure statement: Any
American Express, Electronic Funds Services, certain circumstances (such as you are in the documentation given to you which shows that
P.O. Box 981531, El Paso, TX 79998-1531. hospital), we may extend the 60-day period for a an electronic funds transfer was made will be
reasonable time. When you contact us: admissible as evidence of that transfer and will
How to stop AutoPay payments
● tell us your name and account number. constitute prima facie proof that the transfer
If you have told us to make AutoPay payments
● describe the error or the transaction you are
from your bank account, you can stop any of was made.
unsure about. Explain as clearly as you can
these payments by calling us at 1-800-227-4669 why you believe it is an error or why you need Except as explained in this EFT Agreement,
or writing to American Express, Electronic more information. if you initiate an electronic funds transfer from
Funds Services, P.O. Box 981540, El Paso, ● tell us the amount of the suspected error. your bank account, you cannot stop payment of
TX 79998-1540 in time for us to receive your the transfer.
If you tell us orally, we may require that you send
request at least 2 business days before the
us your complaint or question in writing within Unless otherwise provided in
payment is scheduled to be made. We will tell
10 business days after you called us. Within 10
you, at least 10 days before each payment,
business days after we hear from you we will
this EFT Agreement, you may not
when it will be made and how much it will be. stop payment of electronic funds
determine whether an error has occurred. We will
If we receive your request to stop one of these
payments at least 2 business days before the
correct any error promptly. However, if we need transfers. Therefore, do not use
more time, we may take up to 45 calendar days electronic transfers for purchases
payment is scheduled to be made and we do not
to investigate. If we do take more time, we will
stop it, we will be liable for
credit your bank account within 10 business days
or service unless you are satisfied
your losses or damages. that you will not need to stop
for the amount you think is in error so that you
Unauthorized transactions will have use of the funds during the time it takes payment.
Tell us AT ONCE if you believe that a transaction to complete our investigation. Disclosure of bank account information
has been made without your permission using
If we ask you to put your complaint or question to third parties: If you give us your written
your card or information about your card
in writing and we do not receive it within 10 authorization to disclose information about you,
account. Calling is the best way of keeping
business days, we may not credit your bank your bank account, or the transactions that
your possible losses down. You could lose all
account for the amount you question. you make to any person, that authorization will
the money in your bank account (plus your
We will tell you the results within 3 business days automatically expire 45 days after we receive it.
maximum overdraft line of credit, if applicable).
after completing our investigation. If we decide Optional limit on obtaining cash: You can
Call anytime at 1-800-528-4800 (or
that there was no error, we will send you a written ask us to limit the total amount of cash that
1-336-393-1111 collect, if not in the U.S.). You
explanation. You may ask for copies of you may get from ATMs in a single day to
may also write to us at American Express,
Electronic Funds Services, P.O. Box 981532, El $50. If you choose this option, we will take all
Paso, TX 79998-1532. reasonable steps to comply with your request.
CMAENCMAR000133 Page 9 of 10
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CMAENCMAR000133 Page 10 of 10
Rev. 4/2018
Why? Financial companies choose how they share your personal information. Federal law gives consumers
the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,
share, and protect your personal information. Please read this notice carefully to understand what we
do.
What? The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
● Social Security number and income
● transaction history and account history
● insurance claim history and credit history
How? All financial companies need to share customers' personal information to run their everyday business.
In the section below, we list the reasons financial companies can share their customers' personal
information; the reasons American Express chooses to share; and whether you can limit this sharing.
Does American
Reasons we can share personal information Express share? Can you limit this sharing?
CMAENCMAR000133 Page 1 of 2
Who we are
Who is providing this American Express Travel Related Services Company, Inc. and other American Express
Notice Affiliates that provide financial products or services, including American Express National
Bank and AMEX Assurance Company.
What we do
How does American To protect your personal information from unauthorized access and use, we use security
Express protect my measures that comply with federal law. These measures include computer safeguards and
personal information? secured files and buildings.
How does American We collect your personal information, for example, when you
Express collect my ● open an account or pay your bills
personal information? ● give us your income information or give us your contact information
● use your credit card
We also collect your personal information from others, such as credit bureaus, affiliates, or
other companies.
Why can't I limit all Federal law gives you the right to limit only
sharing of personal ● sharing for affiliates' everyday business purposes - information about your
information? creditworthiness
● affiliates from using your information to market to you
● sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See
below for more on your rights under state law.
What happens when Your choices will apply to everyone on your account.
I limit sharing for an
account I hold jointly
with someone else?
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial
companies.
● Our affiliates include companies with the American Express name, including financial companies
such as American Express Travel Related Services Company, Inc. and nonfinancial companies.
Affiliates may also include other companies related by common ownership or control, such as
AMEX Assurance Company, a provider of American Express Card-related insurance services.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial
companies.
● Nonaffiliates with which we share personal information include service providers, including, for
example, direct marketers, that perform services or functions on our behalf.
Joint marketing A formal agreement between nonaffiliated companies that together market financial products or
services to you.
● Our joint marketing partners include financial companies.
CMAENCMAR000133 Page 2 of 2