Cardmember Agreement: Part 1 of 2

As of: 09/30/2024
®
Optima Credit Card
Issuer: American Express National Bank

Rates and Fees Table

Interest Rates
Annual Percentage Rate
(APR) for Purchases
Prime Rate + 14.99%
This is a variable APR. See Explanation of Variable Rates below.
Penalty APR and When it Prime Rate + 26.74%
Applies This is a variable APR. See Explanation of Variable Rates below.
This APR will apply to your account if you:
1) make one or more late payments; or
2) make a payment that is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to your Account.

How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed.
How to Avoid Paying Your due date is at least 25 days after the close of each billing period. We will not charge
Interest you interest on purchases if you pay each month your entire balance (or, if you have a plan
outstanding, your balance adjusted for plans) by the due date.
Plan Fee (Fixed Finance A monthly fee up to 1.33% of each purchase or amount placed in a plan based on the
Charge) plan duration, the APR that would otherwise apply to the purchase, and other factors.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, visit
the Consumer Financial the website of the Consumer Financial Protection Bureau at
Protection Bureau http://www.consumerfinance.gov/learnmore.
Fees
Annual Membership Fee $49
Transaction Fees
● Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
● Late Payment Up to $40
● Returned Payment Up to $40
● Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
Explanation of Variable Rates: 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. The Daily Periodic
Rate (DPR) is 1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. Variable APRs
will not exceed 29.99%.

CMAENAOT0000026 Page 1 of 2
How Rates and Fees Work
Rates
Penalty APR for The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, itwill
new transactions • you do not pay at least the Minimum Payment apply to charges added to that balance 15 or
Due by the Payment Due Date on one more days after we send you notice.
or more occasions; or We will review your Account every 6 months
• your payment is returned by your after the penalty APR is applied. The penalty
bank. APR will continue to apply until you have made
We may also consider your creditworthiness in timely payments with no returned payments
determining whether or not to apply the penalty during the 6 months being reviewed.
APR to your Account.
Fees
We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Plan Fee Monthly up to 1.33% of each purchase or amount placed in a plan based on the plan
duration, the APR that would otherwise apply to the purchase or amount, and other factors.
This fee is a fixed finance charge that will be charged each month that a plan is active. The
dollar amount of your plan fee will be disclosed when you set up a plan. For more information,
see About the Plan It Feature in Part 2 of your Cardmember Agreement.
Late Payment Up to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is
$29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee
will not exceed the Minimum Payment Due. Paying late may also result in a penalty APR.
See Penalty APR for new transactions above.
Returned Payment Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the
fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is
$40. However, the returned payment fee will not exceed the applicable Minimum Payment Due. A
returned payment may also result in a penalty APR. See Penalty APR for new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is
returned unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for
Converting charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.

Page 2 of 2
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FDR 1176446 Doc 28549
Cardmember Agreement: Part 2 of 2

How Your American Express Account Works

Introduction
About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.

Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days
law. We may do this in response to the business, legal or advance notice, and we will tell you in the notice if
competitive environment. This written Agreement is a final you have the right to reject a change. We cannot
expression of the agreement governing the Account. The change certain terms during the first year of your
written Agreement may not be contradicted by any alleged Cardmembership.
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 About race track wagers, and similar offline and online
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).

About using your card

Using the card You may use the card to make purchases. At our We may (but are not required to) tell these merchants
discretion, we may permit you to create plans, make and third parties if your expiration date or card
cash advances or balance transfers. You cannot transfer number changes or if your account status is updated,
balances from any other account issued by us or our including if your account is cancelled. If you do not
affiliates. want us to share your updated account information,
please contact us using the number on the back of
You may arrange for certain merchants and third parties your card.
to store your card number and expiration date, so that,
for example: the merchant may charge your account at Keep your card safe and don't let anyone else use it.
regular intervals; or you may make charges using that If your card is lost or stolen or your Account is being
stored card information. used without your permission, contact us right away.
You may not use your Account for illegal activities.

Promise to pay You promise to pay all charges, including:

● charges you make, even if you do not present your card or sign for the transaction,
● charges that other people make if you let them use your Account, and
● charges that Additional Cardmembers make or permit others to make.
Credit limit and cash We assign a Credit Limit to your Account. We may make ● your Account balance (including fees and interest)
advance limit part of your Credit Limit available for cash advances (Cash is not more than your Credit Limit, and
Advance Limit). There may also be a limit on the amount ● your cash advance balance (including fees and
you can withdraw from ATMs in a given period. The Credit interest) is not more than your Cash Advance
Limit and Cash Advance Limit are shown on page 1 of Limit.
Part 1 and on each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
We may increase or reduce your Credit Limit and Cash we will not charge an overlimit fee. If we ask you to
Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance
your Account is not in default. above your Credit Limit, you agree to do so.
You agree to manage your Account so that:

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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 fees) is not more than your Credit Limit.
least a specified dollar amount. A qualifying amount for Plans cannot be cancelled after they have been
Plan It is a specified portion of your balance. Qualifying created but you can choose to pay them early by
purchases or a qualifying amount do not include paying the New Balance shown on your most recent
purchases of cash or cash equivalents, balance transfers billing statement in full. If you pay a plan off early, you
(if offered), purchases subject to Foreign Transaction will not incur any future plan fees on that plan.
Fees, or any fee owed to us, such as Annual Membership
fees.
About your payments
When you must pay You must pay at least the Minimum Payment Due by the Minimum Payment Due in such time and manner
Payment Due Date. The Minimum Payment Due and by the Payment Due Date shown on your billing
Payment Due Date are shown on each billing statement. statement.
Each statement also states the time and manner by which Each statement also shows a Closing Date. The
you must make your payment for it to be credited as Closing Date is the last day of the billing period
of the same day it is received. For your payment to be covered by the statement. Each Closing Date is about
considered on time, we must receive at least the 30 days after the previous statement's Closing Date.

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 If your payment does not meet the above
U.S. banking system, for example a money order, or
requirements, there may be a delay in crediting your
● an electronic payment that can be cleared through the
U.S. banking system. Account. This may result in late fees and additional
interest charges (see How Rates and Fees Work on
When making a payment by mail: page 2 of Part 1).
● make a separate payment for each account,
● 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.

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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.

About interest charges

When we charge interest ● You are not charged interest on purchases when ● If you have an active plan created through Plan It,
you are in an Interest Free Period. you can enter an Interest Free Period by paying at
● Your account enters an Interest Free Period when least the Balance Adjusted for Plans (or Adjusted
you pay your New Balance as shown on your Balance) by the Payment Due Date.
statement by the Payment Due Date or your ● Balance Transfers and Cash Advances will be
account had no previous balance. charged interest from the date of the transaction
● When your account is not in an Interest Free and do not have an Interest Free Period.
Period, we charge interest on purchases from the For more details about how we calculate your interest
date of the transaction. charges, see the How we calculate interest section of
● After you enter an Interest Free Period again,
this agreement.
interest may appear on your next billing statement.
This reflects interest charged from the beginning of
that billing cycle through the date the payment was
received.
How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of
transactions--such as purchases and cash advances--may have different interest rates. Balances within each
category may also have different interest rates.
We use the Average Daily Balance method Daily Balance
(including new transactions) to figure interest For each day a DPR is in effect, we figure the daily
charges for each balance. The total interest charged balance by:
for a billing period is the sum of the interest charged ● taking the beginning balance for the day,
on each balance. ● adding any new charges,
● subtracting any payments or credits; and
Interest ● making any appropriate adjustments.
We add a new charge to a daily balance as of its
The interest charged for a balance in a billing period,
transaction date.
except for variations caused by rounding, equals:
Beginning balance
● Average Daily Balance (ADB) multiplied by
● Daily Periodic Rate (DPR) multiplied by For the first day of a billing period, the beginning
● number of days the DPR was in effect. balance is the ending balance for the prior billing
period, including unpaid interest. For the rest of the
ADB billing period, the beginning balance is the previous
To get the ADB for a balance, we add up its daily day's daily balance plus an amount of interest equal
balances. Then we divide the result by the number to the previous day's daily balance multiplied by the
of days the DPR for that balance was in effect. If the DPR for that balance. This method of figuring the
daily balance is negative, we treat it as zero. beginning balance results in daily compounding of
DPR interest.
A DPR is 1/365th of an APR, rounded to one When an interest rate changes, the new DPR may
tenthousandth of a percentage point. Your DPRs are come into effect during--not just at the beginning of--
shown in How Rates and Fees Work on page 2 of the billing period. When this happens, we will create
Part 1. a new balance and apply the new DPR to it. To get
the beginning balance on the first day for this new
balance, we multiply the previous day's daily balance
EXAMPLE: Calculating Interest
by the old DPR and add the result to that day's daily
Assume that you have a single interest rate of balance.
15.99%, your ADB is $2,250 and there are 30 days in
Other methods
the billing period.
To figure the ADB and interest charges, we may use
The DPR is 15.99% divided by 365 days = 0.0438% other formulas or methods that produce equivalent
The Interest is $2,250 multiplied by 0.0438% results. Also, we may choose not to charge interest on
multiplied by 30 days = $29.57 certain types of charges.

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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.

Other important information

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).
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, the Claims Resolution section of this Agreement will not apply to you in
connection with this Account. Instead, the Claims Resolution for Covered Borrowers section will apply.
About Additional At your request, we may issue cards to Additional If you want to cancel an Additional Cardmember's
Cardmembers Cardmembers. They do not have accounts with us right to use your Account (and cancel their card) you
but they can use your Account subject to the terms must tell us.
of this Agreement. We may report an Additional If an Annual Membership fee applies for an Additional
Cardmember's use of your Account to credit reporting Card, please refer to the refund policy disclosed
agencies. in the Closing your Account sub-section of your
You are responsible for all use of your Account by Cardmember Agreement. If a single Annual
Additional Cardmembers and anyone they allow to Membership fee applies for a group of Additional
use your Account. You must pay for all charges they Cards on your Account, this policy will apply when
make. you cancel the Additional Card on which the fee was
You authorize us to give Additional Cardmembers assessed. If an Annual Membership fee applies to
information about your Account and to discuss it with Additional Cards on your Account, it is shown on page
them. 2 of Part 1 of the Cardmember Agreement.

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.

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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 on ● purchase APR if you make it payable to a
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.

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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 any claim at any time unless it has been filed
current or future claim, dispute or controversy All applicable statutes of limitation will be tolled in court and trial has begun or final judgment
relating to your Account(s), this Agreement, or from the date you or we send the claim notice has been entered. Either you or we may delay
any agreement or relationship you have or had until termination of the mediation. Either you or enforcing or not exercise rights under this
with us, except for the validity, enforceability we may terminate the mediation at any time. Arbitration provision, including the right to
or scope of the Arbitration provision. Claim The submission or failure to submit a claim to arbitrate a claim, without waiving the right to
includes but is not limited to: (1) initial claims, mediation will not affect your or our right to elect exercise or enforce those rights.
counterclaims, crossclaims and third-party claims; arbitration.
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.
Sending a Claim Notice or consolidated unless you and we agree Arbitration Procedures
Before beginning a lawsuit, mediation or in writing. An arbitration award and any This Arbitration provision is governed by
arbitration, you and we agree to send a written judgment confirming it will apply only to the FAA. The arbitrator will apply applicable
notice (a claim notice) to each party against the specific case and cannot be used in any substantive law, statutes of limitations and
whom a claim is asserted, in order to provide other case except to enforce the award. The privileges. The arbitrator will not apply any
an opportunity to resolve the claim informally or arbitrator's decisions are as enforceable federal or state rules of civil procedure or
through mediation. Go to americanexpress.com/ as any court order and are subject to very evidence in matters relating to evidence
claim for a sample claim notice. The claim notice limited review by a court. Except as set forth or discovery. Subject to the Limitations on
must describe the claim and state the specific below, the arbitrator's decision will be final Arbitration, the arbitrator may otherwise award
relief demanded. Notice to you may be provided and binding. Other rights you or we would any relief available in court. You and we agree
by your billing statement or sent to your billing have in court may also not be available in that the arbitration will be confidential. You
address. Notice to us must include your name, arbitration. 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,

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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.

Claims Resolution for Covered Borrowers

Most customer concerns can be resolved by our request. We may include our request with also request to resolve any claim by individual
calling our Customer Service Department at the your billing statement or mail it to your home arbitration, but you are not required to accept
number listed on the back of your Card. In the address. Notice to us must include your name, our request. Claims are decided by a neutral
event Customer Service is unable to resolve a address and Account number and be sent to arbitrator.
complaint to your satisfaction, this section explains American Express ADR c/o CT Corporation If you elect or agree to resolve a claim
how claims can be resolved through litigation, System, 28 Liberty Street, New York, New through arbitration, your or our right to
non-binding mediation or, at your election, York 10005. If the claim proceeds to litigation, litigate that claim in court or have a jury trial
arbitration. You are not required to resolve any mediation or arbitration, the amount of any on that claim may be limited. Further, you
claims by mediation and arbitration. For this relief demanded in a claim notice will not be and we may not have the right to participate
section, you and us includes any corporate disclosed. You are not required to resolve in a representative capacity or as a member
parents, subsidiaries, affiliates or related persons your claim through mediation or arbitration. of any class pertaining to any claim subject
or entities. Claim means any current or future You may decline our request to resolve a to arbitration. Arbitration procedures are
claim, dispute or controversy relating to your claim through mediation or arbitration. You generally simpler than the rules that apply
Card account, this Agreement, or any agreement may elect to resolve your claim through in court, and discovery is more limited. The
or relationship you have or had with us, except litigation. arbitrator's authority is limited to claims
for the validity, enforceability or scope of the Mediation between you and us alone. Claims may not
Arbitration provision. Claim includes but is not If you elect to resolve your claim through be joined or consolidated unless you and
limited to: (1) initial claims, counterclaims, cross- mediation, a neutral mediator will help we agree in writing. An arbitration award
claims and third-party claims; (2) claims based resolve the claim. The mediator does not and any judgment confirming it will apply
upon contract, tort, fraud, statute, regulation, decide the claim but helps parties reach only to the specific case and cannot be
common law and equity; (3) claims by or against agreement. Before beginning mediation, you used in any other case except to enforce
any third party using or providing any product, or we must first send a claim notice. Within the award. The arbitrator's decisions are
service or benefit in connection with any account; 30 days after sending or receiving a claim as enforceable as any court order and are
and (4) claims that arise from or relate to (a) any notice, you or we may submit the claim to subject to very limited review by a court.
account created under any of the agreements JAMS (1-800-352-5267, jamsadr.com) or Except as set forth below, the arbitrator's
or any balances on any such account, (b) the American Arbitration Association ("AAA") decision will be final and binding. Other
advertisements, promotions or statements related (1-800-778-7879, adr.org) for mediation. We rights you or we would have in court may
to any accounts, goods or services financed will pay the fees of the mediator. All mediation- also not be available in arbitration.
under any accounts or terms of financing, (c) related communications are confidential,
benefits and services related to Card membership inadmissible in court and not subject to Initiating Arbitration
(including fee-based or free benefit programs, discovery. All applicable statutes of limitation If you and we agree to proceed to arbitration,
enrollment services and rewards programs) and will be tolled from the date you or we send the claims will be referred to either JAMS or
(d) your application for any account. You may not claim notice until termination of the mediation. AAA, as selected by the party electing
sell, assign or transfer a claim. Either you or we may terminate the mediation arbitration. Claims will be resolved pursuant
at any time. The submission or failure to submit to this Arbitration provision and the selected
Sending a Claim Notice organization's rules in effect when the claim is
Before beginning a lawsuit, arbitration or a claim to mediation will not affect your or
our right to elect litigation or arbitration. The filed, except where those rules conflict with this
non-binding mediation, you may send a Agreement.
written notice (a claim notice) to us. Go to outcome of mediation proceedings is non-
americanexpress.com/claim for a sample claim binding. You may proceed to litigation or If we choose the organization, you may select
notice. The claim notice should describe the claim arbitration regardless of the outcome of the other within 30 days after receiving notice
and state the specific relief demanded. We may mediation. of our selection.
also request that we resolve a claim by mediation Arbitration Contact JAMS or AAA to begin an arbitration
or arbitration, but you are not required to accept You may elect, but are not required, to resolve or for other information. Claims also may be
any claim by individual arbitration. We may referred to another arbitration organization if
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you and we agree in writing or to an arbitrator on Arbitration provisions, the arbitrator may Arbitration Fees and Costs
appointed pursuant to section 5 of the Federal otherwise award any relief available in court. You will be responsible for paying your share
Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We You and we agree that the arbitration will be of any arbitration fees (including filing,
will not request arbitration for any claim you file confidential. You and we agree that we will administrative, hearing or other fees), but only
in small claims court, so long as the claim is not disclose the content of the arbitration up to the amount of the filing fees you would
individual and pending only in that court. You proceeding or its outcome to anyone, but you have incurred if you had brought a claim in
may otherwise elect to arbitrate any claim at any or we may notify any government authority of court. We will be responsible for any additional
time unless it has been filed in court and trial has the claim as permitted or required by law. arbitration fees. At your written request, we
begun or final judgment has been entered. If your claim is for $10,000 or less, you will consider in good faith making a temporary
Limitations on Arbitration may choose whether the arbitration will be advance of your share of any arbitration fees,
If the parties agree to resolve a claim by conducted solely on the basis of documents, or paying for the reasonable fees of an expert
arbitration, that claim will be arbitrated on an through a telephonic hearing, or by an in appointed by the arbitrator for good cause.
individual basis pursuant to that agreement, person hearing. At any party's request, the Additional Arbitration Awards
and the agreement would not allow claims arbitrator will provide a brief written explanation If the arbitrator rules in your favor for an
to be arbitrated on a class action basis or on of the award. The arbitrator's award will be amount greater than any final offer we made
bases involving claims brought in a purported final and binding, subject to each party's right before the final hearing in arbitration, the
representative capacity on behalf of the to appeal as stated in this section and/or arbitrator's award will include: (1) any money to
general public, other Cardmembers, or other to challenge or appeal an arbitration award which you are entitled, but in no case less than
persons similarly situated. pursuant to the FAA. To initiate an appeal, a $5,000; and (2) any reasonable attorneys' fees,
party must notify the arbitration organization costs and expert and other witness fees.
Notwithstanding any other provision and without and all parties in writing within 35 days after
waiving the right to appeal such decision, if the arbitrator's award is issued. The arbitration Continuation
any portion of these Limitations on Arbitration organization will appoint a three-arbitrator panel This section will survive termination of your
provisions is deemed invalid or unenforceable, to decide anew, by majority vote based on Account, voluntary payment of your Account
then the entire Arbitration provision (other than this written submissions, any aspect of the decision balance, any legal proceeding to collect a debt,
sentence) will not apply. objected to. The appeal will otherwise proceed any bankruptcy and any sale of your Account
Arbitration Procedures pursuant to the arbitration organization's (in the case of a sale, its terms will apply to the
This Arbitration provision is governed by the FAA. appellate rules. Judgment upon any award buyer of your Account). If any portion of this
The arbitrator will apply applicable substantive may be entered in any court having jurisdiction. Claims Resolution section, except as otherwise
law, statutes of limitations and privileges. The At your election, arbitration hearings will take provided in the Limitations on Arbitration
arbitrator will not apply any federal or state rules place in the federal judicial district of your subsection, is deemed invalid or unenforceable,
of civil procedure or evidence in matters relating to residence. it will not invalidate the remaining portions of
evidence or discovery. Subject to the Limitations this Claims Resolution section.

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