b'Cardmember Agreement: Part 1 of 2\n\nAs of: 07/01/2021\n\nBonvoy Brilliant Amex Card\nIssuer: American Express National Bank\n\nRates and Fees Table\nInterest Rates\nAnnual Percentage Rate\n(APR) for Purchases\nAPR for Cash Advances\nPenalty APR and When\nit Applies\n\nPrime Rate + 12.49% to Prime Rate + 21.49%\nThis is a variable APR. See Explanation of Variable Rates below.\nPrime Rate + 21.99%\nThis is a variable APR. See Explanation of Variable Rates below.\nPrime Rate + 26.74%\nThis is a variable APR. See Explanation of Variable Rates below.\nThis APR will apply to your account if you:\n1) make one or more late payments; or\n2) make a payment that is returned by your bank.\nWe may also consider your creditworthiness in determining whether or not to apply\nthe penalty APR to your Account.\nHow Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply\nfor at least 6 months. We will review your Account every 6 months after the penalty\nAPR is applied. The penalty APR will continue to apply until you have made timely\npayments with no returned payments during the 6 months being reviewed.\n\nPaying Interest\n\nPlan Fee (Fixed Finance\nCharge)\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nFees\nAnnual Membership Fee\nTransaction Fees\n\xe2\x97\x8f Cash Advance\n\xe2\x97\x8f Foreign Transaction\nPenalty Fees\n\xe2\x97\x8f Late Payment\n\xe2\x97\x8f Returned Payment\n\xe2\x97\x8f\n\nOverlimit\n\nHow we calculate interest:\n\nYour due date is at least 25 days after the close of each billing period. We will not\ncharge you interest on purchases if you pay each month your entire balance (or, if you\nhave a plan outstanding, your balance adjusted for plans) by the due date. We will\nbegin charging interest on cash advances on the transaction date.\nA monthly fee up to 1.33% of each purchase amount moved into a plan based on the\nplan duration, the APR that would otherwise apply to the purchase, and other factors.\nTo learn more about factors to consider when applying for or using a credit card, visit\nthe website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore\n$450\nEither $10 or 5% of the amount of each cash advance, whichever is greater.\nNone\nUp to $40\nUp to $40\nNone\nWe use the Average Daily Balance method (including new transactions). See the How we\ncalculate interest section in Part 2.\n\nExplanation of Variable Rates: If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In\nthat case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes,\nthe resulting changes to variable APRs take effect as of the first day of the billing period. The Daily Periodic Rate (DPR)\nis 1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. The variable penalty APR will\nnot exceed 29.99%.\n\nCMAEUAOT0000025\n\nPage 1 of 4\n\n\x0cHow Rates and Fees Work\nRates\nPenalty APR for new\ntransactions\n\nThe penalty APR may apply to new transactions if:\n\xe2\x80\xa2 you do not pay at least the Minimum Payment\nDue by the Payment Due Date on one or more\noccasions; or\n\xe2\x80\xa2 your payment is returned by your bank.\nWe may also consider your creditworthiness in\ndetermining whether or not to apply the penalty APR\nto your Account.\n\nIf the penalty APR applies to a balance, it will\napply to charges added to that balance 15 or\nmore days after we send you notice.\nWe will review your Account every 6 months\nafter the penalty APR is applied. The penalty\nAPR will continue to apply until you have made\ntimely payments with no returned payments\nduring the 6 months being reviewed.\n\nFees\n\nWe add fees to a purchase balance, unless we tell you otherwise.\nAnnual Membership\nThis fee is on the Rates and Fees Table on page 1 of Part 1.\nPlan Fee\nUp to 1.33% of each purchase amount moved into a plan based on the plan duration, the APR that\nwould otherwise apply to the purchase amount(s), and other factors. This fee is a fixed finance\ncharge that will be charged each month that a plan is active. The dollar amount of your plan fee\nwill be disclosed when you set up a plan. For more information, see About the Plan It feature in\nPart 2 of your Cardmember Agreement.\nLate Payment\nUp to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is\n$29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee will\nnot exceed the Minimum Payment Due. Paying late may also result in a penalty APR. See Penalty\nAPR for new transactions above.\nReturned Payment\nUp to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the\nfee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is\n$40. However, the returned payment fee will not exceed the applicable Minimum Payment Due. A\nreturned payment may also result in a penalty APR. See Penalty APR for new transactions above.\nReturned Check\n$38 if you use your card to cash a check at one of our approved locations and the check is returned\nunpaid. We will also charge you the unpaid amount.\nOverlimit\nNone. See Credit limit and cash advance limit in Part 2.\nAccount Re-opening\n$25 if your Account is cancelled, you ask us to re-open it, and we do so.\nCash Advance\n5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a\nminimum of $10. We will add this fee to the Cash Advance balance.\nForeign Transaction\nNone\n\nPart 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.\n\nCMAENFEEPAPR128\n\nPage 2 of 4\n\n\x0cSupplement to the Cardmember Agreement\nHow Your Reward Program Works\nTM\n\n\xc2\xae\n\nMarriott Bonvoy Brilliant American Express Card\nHow you receive points\n\nYou receive 2 Marriott Bonvoy Points (Points) for\neach $1 of eligible purchases on your Marriott\nTM\n\xc2\xae\nBonvoy Brilliant American Express Card (Card\nAccount).\nEligible purchases are purchases for goods and\nservices minus returns and other credits.\n\nHow you receive\nadditional points\n\nYou receive 4 additional Points (for a total of 6\nPoints) for each $1 of eligible purchases on your\nCard Account charged directly with participating\nMarriott Bonvoy properties standalone Marriott\nbranded retail establishments, and Marriott branded\nonline stores (including online purchases of Marriott\nbranded gift cards), that in each case, are owned\nor managed by Marriott International, Inc. and its\naffiliates.\nYou receive 1 additional Point (for a total of 3\nPoints) for each $1 dollar of eligible purchases on\nyour Card Account for airfare on a scheduled flight\ncharged directly with passenger airlines (charter\nflights and private jet flights are excluded).\nYou receive 1 additional Point (for a total of 3\nPoints) for each $1 dollar of eligible purchases on\nyour Card Account charged at restaurants located\nin the U.S.\nMerchants are assigned codes based on what they\nprimarily sell. We group certain merchant codes into\ncategories that are eligible for additional Points. A\npurchase with a merchant will not receive additional\nPoints if the merchant\'s code is not included in a\nreward category. You may not receive additional\nPoints if we receive inaccurate information or are\notherwise unable to identify your purchase as\neligible for a reward category. For example, you\nmay not receive additional Points when:\n\nWhen we transfer\npoints\n\nEligible purchases do NOT include:\n\xe2\x97\x8f fees or interest charges,\n\xe2\x97\x8f balance transfers,\n\xe2\x97\x8f cash advances,\n\xe2\x97\x8f purchases of traveler\'s checks,\n\xe2\x97\x8f purchases or reloading of prepaid cards,\n\xe2\x97\x8f purchases of any cash equivalents, or\n\xe2\x97\x8f person-to-person transactions.\n\xe2\x97\x8f a merchant uses a third-party to sell their\n\nproducts or services; or\n\n\xe2\x97\x8f a merchant uses a third-party to process or\n\nsubmit your transaction to us (e.g., using mobile\nor wireless card readers); or\n\xe2\x97\x8f you choose to make a purchase using a thirdparty payment account or make a purchase using\na mobile or digital wallet.\nFor questions about additional Points on a\npurchase, call the number on the back of your Card.\nPlease visit americanexpress.com/rewards-info\nfor more information about rewards.\nFrom time to time, we may make promotional offers\nof bonus Points. These offers include terms about\nhow you can earn the bonus Points and when you\ncan use them. These offer terms may differ from the\nterms above concerning Points earned for eligible\npurchases to your Card Account, including about\nwhen you can use the Points.\nYou can view your Points earned year to date on\nthe Card by logging onto your online account at\namericanexpress.com and viewing your account\nsummary page.\n\nWe transfer Points to your Marriott Bonvoy Member Account after the end of the billing period in which you\nreceived them.\nBonus Points received from your Card will be posted to your Marriott Bonvoy Member Account up to 12\nweeks after the end of each month. Your account must not be cancelled or delinquent at the time of bonus\nfulfillment.\n\nWhen you will forfeit\npoints\n\nCMAENPSP0000245\n\nIf the Minimum Payment Due is not paid by the\nPayment Due Date of the billing period in which\nit is due, you will forfeit the Points you earned for\neligible purchases during that billing period. For\nexample, if your billing period closes January 15\nand the minimum payment for that billing period\nis due on February 10, and you do not make that\nminimum payment due by the due date on February\n10, then you will not earn Points for purchases in\nthe billing period ending February 15.\n\nPage 3 of 4\n\nYou may reinstate those Points within the next 12\nbilling periods if your Card Account is not past due\nand you pay a $35 fee.\n\n\x0cElite Status\n\nYou will receive complimentary Marriott Bonvoy\nGold Elite ("Gold Elite") Status with your Marriott\nBonvoy Brilliant American Express Card. This\ncomplimentary Gold Elite Status benefit is only\navailable to the Basic Cardmember. If your Card\nis cancelled for any reason, your Gold Elite Status\nprovided with the Card will be cancelled.\nYou may receive enrollment in Marriott Bonvoy\nPlatinum Elite ("Platinum Elite") based on your\neligible purchases for the calendar year. If your\neligible purchases during a calendar year total\n$75,000 or more, you will be enrolled for at least\n12 months in the Platinum Elite Status of Marriott\nBonvoy.\n\nOther things you\nshould know about this\nprogram\n\nYou will only receive rewards for eligible purchases\nfor personal, family or household use.\nWe may change the terms of this reward program\nat our discretion. If you violate or abuse this reward\nprogram, you may forfeit some or all of your Points.\nWe are not responsible for Points after they are\ncredited to your Marriott Bonvoy Member Account,\nwhich is operated by Marriott International, Inc.\n("Marriott"). We are also not responsible for the\nactions of Marriott on your Marriott Bonvoy Member\nAccount.\n\nCMAENPSP0000245\n\nPage 4 of 4\n\nIt will take about 12 to 16 weeks for your enrollment\nin the Platinum Elite Status to become effective.\nOnly the Basic Cardmember will be enrolled. Your\nenrollment will expire after 12 months unless your\neligible purchases during the next calendar year\nagain qualifies you for enrollment, or you qualify\nfor Platinum Elite Status under the Marriott Bonvoy\nTerms and Conditions.\nYou will not receive enrollment in Gold Elite or\nPlatinum Elite if you are already enrolled in the\nsame Status or any higher Status.\nA calendar year is from January 1 to December 31\nregardless of when you open your Card Account.\nPoints, certificates and membership in the loyalty\nprogram are subject to the Marriott Bonvoy Terms\nand Conditions. You should refer to that document,\nwhich can be found at www.marriottbonvoy.com,\nfor details on:\n\xe2\x97\x8f Marriott\'s right to change its program terms.\n\xe2\x97\x8f other conditions that may apply to the loyalty\nprogram.\n\n\x0cFDR 1122693V2\n\nCardmember Agreement: Part 2 of 2\n\nDoc 28549\n\nHow Your American Express Account Works\nIntroduction\nAbout your Cardmember\nAgreement\n\nThis document together with Part 1 make up the\nCardmember Agreement (Agreement) for the Account\nidentified on page 1 of Part 1. Any supplements or\namendments are also part of the Agreement.\n\nWhen you use the Account (or you sign or keep the\ncard), you agree to the terms of the Agreement.\n\nChanging the Agreement\n\nWe may change this Agreement, subject to applicable\nlaw. We may do this in response to the business, legal or\ncompetitive environment. This written Agreement is a final\nexpression of the agreement governing the Account. The\nwritten Agreement may not be contradicted by any alleged\noral agreement.\n\nChanges to some terms may require 45 days\nadvance notice, and we will tell you in the notice if\nyou have the right to reject a change. We cannot\nchange certain terms during the first year of your\nCardmembership.\n\nWe cannot increase the interest rate on existing balances\nexcept in limited circumstances.\n\nWords we use in\nthe Agreement\n\nWe, us, and our mean the issuer shown on page 1 of\nPart 1. You and your mean the person who applied for\nthis Account and for whom we opened the Account. You\nand your also mean anyone who agrees to pay for this\nAccount. You are the Basic Cardmember. You may\nrequest a card for an Additional Cardmember (see About\nAdditional Cardmembers in Part 2).\nCard means any card or other device that we issue to\naccess your Account. A charge is any amount added\nto your Account, such as purchases, cash advances,\nbalance transfers, fees and interest charges.\n\nA purchase is a charge for goods, services, or\nperson-to-person transactions. A cash advance is\na charge to get cash or cash equivalents, including\ntravelers cheques, gift cheques, foreign currency,\nmoney orders, digital currency, casino gaming chips,\nrace track wagers, similar offline and online betting\ntransactions, precious metal coins or bullion and\ndigital precious metals products. A balance transfer\nis a charge to pay an amount you owe on another\ncredit card account. A person-to-person transaction\nis a charge for funds sent to another person or a\n\xe2\x84\xa2\ncharge to add funds to your Amex Send Account.\nA plan is a portion of your account balance that you\nhave selected to pay over time through a set number\nof monthly payments using Plan It.\nTo pay by a certain date means to send your payment\nso that we receive it and credit it to your Account by\nthat date (see About your payments in Part 2).\n\nAbout using your card\nUsing the card\n\nYou may use the card to make purchases. At our\ndiscretion, we may permit you to create plans, make\ncash advances or balance transfers. You cannot transfer\nbalances from any other account issued by us or our\naffiliates.\nYou may arrange for certain merchants and third parties\nto store your card number and expiration date, so that, for\nexample:\n\xe2\x97\x8f the merchant may charge your account at regular\nintervals; or\n\xe2\x97\x8f you may make charges using that stored card\ninformation.\n\nPromise to pay\n\nWe may (but are not required to) tell these merchants\nand third parties if your expiration date or card\nnumber changes or if your account status is updated,\nincluding if your account is cancelled. If you do not\nwant us to share your updated account information,\nplease contact us using the number on the back of\nyour card.\nKeep your card safe and don\'t let anyone else use it.\nIf your card is lost or stolen or your Account is being\nused without your permission, contact us right away.\nYou may not use your Account for illegal activities.\n\nYou promise to pay all charges, including:\n\xe2\x97\x8f charges you make, even if you do not present your card or sign for the transaction,\n\xe2\x97\x8f charges that other people make if you let them use your Account, and\n\xe2\x97\x8f charges that Additional Cardmembers make or permit others to make.\n\nCredit limit and cash\nadvance limit\n\nWe assign a Credit Limit to your Account. We may make\npart of your Credit Limit available for cash advances (Cash\nAdvance Limit). There may also be a limit on the amount\nyou can withdraw from ATMs in a given period. The Credit\nLimit and Cash Advance Limit are shown on page 1 of\nPart 1 and on each billing statement.\nWe may increase or reduce your Credit Limit and Cash\nAdvance Limit. We may do so even if you pay on time and\nyour Account is not in default.\nYou agree to manage your Account so that:\n\nVersion 1122693V2\n\nPage 1 of 8\n\n\xe2\x97\x8f your Account balance (including fees and interest)\nis not more than your Credit Limit, and\n\xe2\x97\x8f your cash advance balance (including fees and\ninterest) is not more than your Cash Advance\nLimit.\nWe may approve charges that cause your Account\nbalance to go over your Credit Limit. If we do this,\nwe will not charge an overlimit fee. If we ask you to\npromptly pay the amount of your Account balance\nabove your Credit Limit, you agree to do so.\n\n\x0cLimits on person-to-person\ntransactions\n\nYour person-to-person transactions may not exceed the\n$2,000 person-to-person transactions limit within any 30day period.\n\nYou agree to manage your Account so that the total\nof your person-to-person transactions in any 30-day\nperiod do not exceed the limit on person-to-person\ntransactions.\nWe may not approve a person-to-person transaction if\nit would cause your Account to exceed the person-toperson transaction limit or your Credit Limit.\n\nDeclined transactions\n\nAbout the Plan It feature\n\nWe may decline to authorize a charge. Reasons we may\ndo this include suspected fraud and our assessment of\nyour creditworthiness. This may occur even if the charge\nwould not cause you to go over your Credit Limit\n\nand your Account is not in default. We are not\nresponsible for any losses you incur if we do not\nauthorize a charge. And we are not responsible if any\nmerchant refuses to accept the card.\n\nWe may offer you Plan It, which allows you to create a\npayment plan for qualifying purchases or a qualifying\namount, subject to a plan fee. This fee is a fixed finance\ncharge that will be charged each month that a plan is\nactive.\n\nYour ability to initiate plans will be based on a variety\nof factors such as your creditworthiness or your\nCredit Limit. You will not be able to initiate plans if\nyour Account is cancelled. You will also not be able\nto initiate plans if one or more of your American\nExpress accounts is enrolled into a debt management\nprogram, or has a payment that is returned unpaid,\nor is delinquent. We will tell you the number of active\nplans you may have and we may change this number\nat any time. The plan durations offered to you, and\nyour ability to include multiple qualifying purchases\nor a qualifying amount in a single plan, will be at\nour discretion and will be based on a variety of\nfactors such as your creditworthiness, the purchase\namount(s), and your Account history. You agree to\nmanage your Account so that the total of your plan\nbalances (including plan fees) is not more than your\nCredit Limit.\n\nYou may use this feature by selecting qualifying purchases\nor a qualifying amount and a plan duration. You will be\nable to view the monthly plan payments, including the plan\nfee, for your selection. Each plan fee will be disclosed\nprior to your establishing the applicable plan and will be\nbased on the plan duration, the APR that would otherwise\napply to the purchase amount(s), and other factors. When\nyou set up a plan, the purchases or amount will be moved\nto a plan balance and will be subject to a plan fee instead\nof the APR for purchases.\nA qualifying purchase for Plan It is a purchase of at least\na specified dollar amount. A qualifying amount for Plan\nIt is a specified portion of your balance. These qualifying\npurchases or a qualifying amount do not include: cash\nor cash equivalents, purchases subject to Foreign\nTransaction Fees, or any fees owed to us, including\nAnnual Membership fees.\n\nPlans cannot be cancelled after they have been set\nup but you can choose to pay them early by paying\nthe New Balance shown on your most recent billing\nstatement in full. If you pay a plan off early, you will\nnot incur any future plan fees on that plan.\n\nAbout your payments\nWhen you must pay\n\nHow to make payments\n\nHow we apply payments\nand credits\n\nVersion 1122693V2\n\nYou must pay at least the Minimum Payment Due by the\nPayment Due Date. The Minimum Payment Due and\nPayment Due Date are shown on each billing statement.\n\nMinimum Payment Due in such time and manner\nby the Payment Due Date shown on your billing\nstatement.\n\nEach statement also states the time and manner by which\nyou must make your payment for it to be credited as\nof the same day it is received. For your payment to be\nconsidered on time, we must receive at least the\n\nEach statement also shows a Closing Date. The\nClosing Date is the last day of the billing period\ncovered by the statement. Each Closing Date is about\n30 days after the previous statement\'s Closing Date.\n\nMake payments to us in U.S. dollars with:\n\xe2\x97\x8f a single check drawn on a U.S. bank, or\n\xe2\x97\x8f a single negotiable instrument clearable through the\nU.S. banking system, for example a money order, or\n\xe2\x97\x8f an electronic payment that can be cleared through the\nU.S. banking system.\n\nIf we receive it after that time, we will credit the\npayment on the day after we receive it.\n\nWhen making a payment by mail:\n\xe2\x97\x8f make a separate payment for each account,\n\xe2\x97\x8f mail your payment to the address shown on the\npayment coupon on your billing statement, and\n\xe2\x97\x8f write your Account number on your check or negotiable\ninstrument and include the payment coupon.\nIf your payment meets the above requirements, we will\ncredit it to your Account as of the day we receive it, as\nlong as we receive it by the time disclosed in your billing\nstatement.\nYour Account may have balances with different interest\nrates. For example, purchases may have a lower interest\nrate than cash advances. Your Account may also have\nplan balances which are assessed plan fees. If your\nAccount has balances with different interest rates, plan\nbalances, or plan fees, here is how we generally apply\npayments in a billing period:\n\xe2\x97\x8f We apply your payments, up to the Minimum Payment\nDue, first to any plan amounts included in your\nMinimum Payment Due, then to the balance subject to\nthe lowest interest rate, and then to balances subject to\nhigher interest rates.\n\nPage 2 of 8\n\nIf your payment does not meet the above\nrequirements, there may be a delay in crediting your\nAccount. This may result in late fees and additional\ninterest charges (see How Rates and Fees Work on\npage 2 of Part 1).\nWe will not accept a payment made in a foreign\ncurrency or a payment drawn on an account at a\nbank located outside of the U.S.\nIf we process a late payment, a partial payment, or a\npayment marked with any restrictive language, that\nwill have no effect on our rights and will not change\nthis Agreement.\n\xe2\x97\x8f After the Minimum Payment Due has been paid,\nwe apply your payments to the balance subject\nto the highest interest rate, then to balances\nsubject to lower interest rates, and then to any\nplan balances.\nIn most cases, we apply a credit to the same balance\nas the related charge. For example, we apply a\ncredit for a purchase to the purchase balance. We\nmay apply payments and credits within balances,\nand among balances with the same interest rate, in\nany order we choose. If you receive a credit for a\npurchase placed into a plan, you must call us at the\nnumber on the back of your card to have the credit\napplied to the plan balance.\n\n\x0cAbout your Minimum Payment Due\nHow we calculate your\nMinimum Payment Due\n\nTo calculate the Minimum Payment Due for each\nbilling statement, we start with the highest of:\n(1) Interest charged on the billing statement plus 1%\nof the New Balance (excluding any interest, penalty\nfees, overlimit amount, and plan balances); or\n(2) 2% of the New Balance (excluding any penalty\nfees, overlimit amount, and plan balances); or\n(3) $40.\n\nEXAMPLE: Assume that your New Balance is $2,900,\ninterest is $29.57, and you have no active plans,\noverlimit amount, penalty fees, or amounts past due.\n(1) $29.57 + 1% multiplied by ($2,900 - $29.57) =\n$58.27\n(2) $58 (2% of $2,900)\n\nThen we add any penalty fees shown on the billing\nstatement, up to 1/24th of any overlimit amount, any\nplan payment due, and any amount past due.\n\n(3) $40\n\nYour Minimum Payment Due will not exceed your\nNew Balance. You may pay more than the Minimum\nPayment Due, up to your New Balance, at any time.\n\nIf your account has any active plans, overlimit\namount, penalty fees, or amounts past due, your\nMinimum Payment Due will be higher.\n\n\xe2\x97\x8f You are not charged interest on purchases when\nyou are in an Interest Free Period.\n\xe2\x97\x8f Your account enters an Interest Free Period when\nyou pay your New Balance as shown on your\nstatement by the Payment Due Date or your\naccount had no previous balance.\n\xe2\x97\x8f When your account is not in an Interest Free\nPeriod, we charge interest on purchases from the\ndate of the transaction.\n\xe2\x97\x8f After you enter an Interest Free Period again,\ninterest may appear on your next billing statement.\nThis reflects interest charged from the beginning of\nthat billing cycle through the date the payment was\nreceived.\n\n\xe2\x97\x8f If you have an active plan created through Plan It,\nyou can enter an Interest Free Period by paying at\nleast the Balance Adjusted for Plans (or Adjusted\nBalance) by the Payment Due Date.\n\xe2\x97\x8f Balance Transfers and Cash Advances will be\ncharged interest from the date of the transaction\nand do not have an Interest Free Period.\n\nThe highest of (1), (2) or (3) is $58.27\n\nAbout interest charges\nWhen we charge interest\n\nHow we calculate interest\n\nWe calculate interest for a billing period by first figuring the interest on each balance. Different categories of\ntransactions--such as purchases and cash advances--may have different interest rates. Balances within each\ncategory may also have different interest rates.\nWe use the Average Daily Balance method\n(including new transactions) to figure interest\ncharges for each balance. The total interest charged\nfor a billing period is the sum of the interest charged\non each balance.\nInterest\nThe interest charged for a balance in a billing period,\nexcept for variations caused by rounding, equals:\n\xe2\x97\x8f Average Daily Balance (ADB) multiplied by\n\xe2\x97\x8f Daily Periodic Rate (DPR) multiplied by\n\xe2\x97\x8f number of days the DPR was in effect.\nADB\nTo get the ADB for a balance, we add up its daily\nbalances. Then we divide the result by the number\nof days the DPR for that balance was in effect. If the\ndaily balance is negative, we treat it as zero.\nDPR\nA DPR is 1/365th of an APR, rounded to one\ntenthousandth of a percentage point. Your DPRs are\nshown in How Rates and Fees Work on page 2 of\nPart 1.\nEXAMPLE: Calculating Interest\nAssume that you have a single interest rate of\n15.99%, your ADB is $2,250 and there are 30 days in\nthe billing period.\nThe DPR is 15.99% divided by 365 days = 0.0438%\nThe Interest is $2,250 multiplied by 0.0438%\nmultiplied by 30 days = $29.57\n\nVersion 1122693V2\n\nFor more details about how we calculate your interest\ncharges, see the How we calculate interest section of\nthis agreement.\n\nPage 3 of 8\n\nDaily Balance\nFor each day a DPR is in effect, we figure the daily\nbalance by:\n\xe2\x97\x8f taking the beginning balance for the day,\n\xe2\x97\x8f adding any new charges,\n\xe2\x97\x8f subtracting any payments or credits; and\n\xe2\x97\x8f making any appropriate adjustments.\nWe add a new charge to a daily balance as of its\ntransaction date.\nBeginning balance\nFor the first day of a billing period, the beginning\nbalance is the ending balance for the prior billing\nperiod, including unpaid interest. For the rest of the\nbilling period, the beginning balance is the previous\nday\'s daily balance plus an amount of interest equal\nto the previous day\'s daily balance multiplied by the\nDPR for that balance. This method of figuring the\nbeginning balance results in daily compounding of\ninterest.\nWhen an interest rate changes, the new DPR may\ncome into effect during--not just at the beginning of-the billing period. When this happens, we will create\na new balance and apply the new DPR to it. To get\nthe beginning balance on the first day for this new\nbalance, we multiply the previous day\'s daily balance\nby the old DPR and add the result to that day\'s daily\nbalance.\nOther methods\nTo figure the ADB and interest charges, we may use\nother formulas or methods that produce equivalent\nresults. Also, we may choose not to charge interest on\ncertain types of charges.\n\n\x0cDetermining the Prime Rate\n\nWe use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period\nis the Prime Rate published in The Wall Street Journal on the Closing Date of the billing period.\nThe Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate\nfrom the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime\nRate from any other newspaper of general circulation in New York, New York. Or we may choose to use a\nsimilar published rate.\nIf the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay\nmore interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting\nchanges to variable APRs take effect as of the first day of the billing period.\n\nOther important information\nMilitary Lending Act\n\nFederal law provides important protections to members of the Armed Forces and their dependents relating\nto extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces\nand his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as\napplicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for\nancillary products sold in connection with the credit transaction; any application fee charged (other than certain\napplication fees for specified credit transactions or accounts); and any participation fee (other than certain\nparticipation fees for a credit card account).\nTo listen to this statement, as well as a description of your payment obligation for this Account, call us at\n855-531-0379.\nIf you are a covered borrower, the Claims Resolution section of this Agreement will not apply to you in\nconnection with this Account. Instead, the Claims Resolution for Covered Borrowers section will apply.\n\nAbout Additional\nCardmembers\n\nAt your request, we may issue cards to Additional\nCardmembers. They do not have accounts with us\nbut they can use your Account subject to the terms\nof this Agreement. We may report an Additional\nCardmember\'s use of your Account to credit reporting\nagencies.\nYou are responsible for all use of your Account by\nAdditional Cardmembers and anyone they allow to\nuse your Account. You must pay for all charges they\nmake.\nYou authorize us to give Additional Cardmembers\ninformation about your Account and to discuss it with\nthem.\n\nIf you want to cancel an Additional Cardmember\'s\nright to use your Account (and cancel their card) you\nmust tell us.\nIf an Annual Membership fee applies for an Additional\nCard, please refer to the refund policy disclosed\nin the Closing your Account sub-section of your\nCardmember Agreement. If a single Annual\nMembership fee applies for a group of Additional\nCards on your Account, this policy will apply when you\ncancel the Additional Card on which the fee was\nassessed. If an Annual Membership fee applies to\nAdditional Cards on your Account, it is shown on page\n2 of Part 1 of the Cardmember Agreement.\n\nConverting charges made in a\nforeign currency\n\nIf you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S.\ndollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this\nconversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable\nto us for that date. The rate AEEML uses is no more than the highest official rate published by a government\nagency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date\nor the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill\ncharges converted by establishments (such as airlines) at the rates they use.\n\nChanging your billing address\n\nYou must notify us immediately if you change the:\n\xe2\x97\x8f mailing address to which we send billing\nstatements; or\n\xe2\x97\x8f e-mail address to which we send notice that your\nbilling statement is available online.\n\nClosing your Account\n\nIf you have more than one account, you need to notify\nus separately for each account.\nWe may update your billing address if we receive\ninformation that it has changed or is incorrect.\n\nYou may close your Account by calling us or writing to us.\nIf an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your\nAccount within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations\nafter this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to\nyour Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement.\nIf your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy\nwill not apply to you.\n\nCancelling or suspending your\nAccount\n\nWe may:\n\xe2\x97\x8f cancel your Account,\n\xe2\x97\x8f suspend the ability to make charges,\n\xe2\x97\x8f cancel or suspend any feature on your Account,\nand\n\xe2\x97\x8f notify merchants that your Account has been\ncancelled or suspended.\nIf we do any of these, you must still pay us for all\ncharges under the terms of this Agreement.\n\nVersion 1122693V2\n\nPage 4 of 8\n\nWe may do any of these things at our discretion, even\nif you pay on time and your Account is not in default.\nIf your Account is cancelled, you must destroy your\ncards.\nWe may agree to reinstate your Account after a\ncancellation. If we do this, we may:\n\xe2\x97\x8f reinstate any additional cards issued on your\nAccount,\n\xe2\x97\x8f charge you any applicable annual fees, and\n\xe2\x97\x8f charge you a fee for reinstating the Account.\n\n\x0cAbout default\n\nCollection costs\nCredit reports\n\nSending you notices\nWe may contact you\n\nAbout insurance products\n\nHow we handle electronic\ndebits from your checking\naccount\n\nPrivacy Act of 1974 notice\n\nConvenience checks\n\nChanging benefits\nAssigning the Agreement\nAssigning claims\n\nVersion 1122693V2\n\nWe may consider your Account to be in default if:\nIf we consider your Account in default, we may, to the\n\xe2\x97\x8f you violate a provision of this Agreement,\nextent permitted by federal and applicable state law:\n\xe2\x97\x8f you give us false information,\n\xe2\x97\x8f suspend your ability to make charges,\n\xe2\x97\x8f you file for bankruptcy,\n\xe2\x97\x8f cancel or suspend any feature on your Account,\n\xe2\x97\x8f you default under another agreement you have\n\xe2\x97\x8f require you to pay more than your Minimum\nwith us or an affiliate,\nPayment Due immediately, and\n\xe2\x97\x8f you become incapacitated or die, or\n\xe2\x97\x8f require you to pay your Account balance\n\xe2\x97\x8f we believe you are unable or unwilling to pay your\nimmediately.\ndebts when due.\nYou agree to pay all reasonable costs, including attorneys\' fees, that we incur to collect amounts you owe.\nYou agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information\nabout you from other sources including information to verify and re-verify your employment and income. And\nyou agree that we will use such information for any purposes (for example, marketing to you or evaluating you\nfor a new account), subject to applicable law.\nYou agree that we will give information about the Account to credit reporting agencies. We will tell a credit\nreporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your\ncredit report.\nIf you believe information we have given to a credit reporting agency is incorrect, write to us at: American\nExpress Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the\nspecific information you believe is incorrect.\nWe mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing\naddress on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S.\nmail.\nServicing and Collections\nIf we need to contact you to service your account or to collect amounts you owe, you authorize us (and our\naffiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at\nany phone number or email address you provide, from which you contact us, or at which we believe we can\nreach you. We may contact you in any way, such as calling, texting, emailing, sending mobile application push\nnotifications or using any other method of communication permitted by law. We may contact you using an\nautomated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if\nyou are charged for it.\nCall monitoring\nWe may monitor and record any calls between you and us.\nWe or our affiliates may tell you about insurance and non-insurance products, services or features that\nmay have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be\ncompensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may\nget additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer.\nCompensation may influence what products and providers we or our affiliates tell you about.\nWe may share information about you with our affiliates so they can identify products that may interest you. We\nmay be compensated for this information.\nWhen you pay us by check, you authorize us to\nIf we do this, your payment may be deducted from\nelectronically deduct the amount from your bank or\nyour bank or other asset account on the same day\nother asset account.\nwe receive your check. Also, you will not receive that\nWe may process the check electronically by\ncancelled check with your bank or asset account\ntransmitting to your financial institution:\nbilling statement.\n\xe2\x97\x8f the amount,\nIf we cannot collect the funds electronically, we may\n\xe2\x97\x8f the routing number,\nissue a draft against your bank or other asset account\n\xe2\x97\x8f the account number, and\nfor the amount of the check.\n\xe2\x97\x8f the check serial number.\nSome federal agencies may accept the card under authority of statute. When you make charges at these\nagencies, we collect certain charge information. That information may be put to routine uses such as\nprocessing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other\nroutine uses by agencies may be published in the Federal Register.\nConvenience checks (including balance transfer\nadd the fee to the same balance that we add the\nchecks) are checks that we may send you to access\nconvenience check transaction to.\nyour Account. The following terms will apply to use\nWe will charge $29 each time you ask us to stop\nof those checks unless otherwise disclosed with the\npayment on a convenience check.\ncheck.\nA convenience check is not a card. You may not use\nIf you use a convenience check, we may decline it.\nconvenience checks to pay this or any other account\nIf we decline it, you may have to pay returned check\nwith us or our affiliates. If you use a convenience\nfees or other penalties to whomever you wrote the\ncheck, we will apply the:\n\xe2\x97\x8f cash advance APR if you make it payable to cash,\ncheck.\nto you, or to a bank, brokerage or similar asset\nIf you use a convenience check and we honor it,\naccount, or to a mortgage or insurance provider.\nwe will charge interest beginning as of the date we\nreceive the check. You cannot avoid paying interest on \xe2\x97\x8f purchase APR if you make it payable to a\nmerchant.\nconvenience check transactions.\n\xe2\x97\x8f balance transfer APR if you use it to transfer a\nWe will charge a fee for each convenience check\nbalance from another creditor.\ntransaction. This fee is 3% of the transaction, with a\n\xe2\x97\x8f penalty APR if it applies to your Account.\nminimum of $5. This fee is a finance charge. We will\nWe have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion.\nWe may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying\nyou. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.\nIf you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If\nwe do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You\nagree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate\nwith us if we decide to do so.\nPage 5 of 8\n\n\x0cWe do not waive our rights\nGoverning law\n\nNotice to Oregon Residents\nNotice for residents of\nWashington State\n\nWe may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive\nour rights to exercise or enforce them on any other occasion.\nUtah law and federal law govern this Agreement and\nIn addition, if your billing address is in the State\nyour Account. They govern without regard to internal\nof Maryland, to the extent, if any, that Maryland\nprinciples of conflicts of law. We are located in Utah.\nlaw applies to your account, we elect to offer your\nWe hold your Account in Utah. We entered into this\ncard account pursuant to Title 12, Subtitle 9 of the\nAgreement with you in Utah.\nMaryland Commercial Law Article.\nService charges not in excess of those permitted by law will be charged on the outstanding balances from\nmonth to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at\nany time.\nIn accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for\npayment of interest charges that result solely from a merchant\'s failure to transmit to us within seven working\ndays a credit for goods or services accepted for return or forgiven if you have notified us of the merchant\'s delay\nin posting such credit, or our failure to post such credit to your account within three working days of our receipt\nof the credit.\n\nClaims Resolution\nMost customer concerns can be resolved by\ncalling our Customer Service Department at the\nnumber listed on the back of your card. In the\nevent Customer Service is unable to resolve\na complaint to your satisfaction, this section\nexplains how claims can be resolved through\nmediation, arbitration or litigation. It includes\nan arbitration provision. You may reject the\narbitration provision by sending us written\nnotice within 45 days after your first card\npurchase. See Your Right to Reject Arbitration\nbelow.\nFor this section, you and us includes any\ncorporate parents, subsidiaries, affiliates or\nrelated persons or entities. Claim means any\ncurrent or future claim, dispute or controversy\nrelating to your Account(s), this Agreement, or\nany agreement or relationship you have or had\nwith us, except for the validity, enforceability\nor scope of the Arbitration provision. Claim\nincludes but is not limited to: (1) initial claims,\ncounterclaims, crossclaims and third-party claims;\n(2) claims based upon contract, tort, fraud,\nstatute, regulation, common law and equity;\n(3) claims by or against any third party using\nor providing any product, service or benefit in\nconnection with any account; and (4) claims that\narise from or relate to (a) any account created\nunder any of the agreements, or any balances on\nany such account, (b) advertisements, promotions\nor statements related to any accounts, goods or\nservices financed under any accounts or terms\nof financing, (c) benefits and services related\nto card membership (including fee-based or\nfree benefit programs, enrollment services and\nrewards programs) and (d) your application for\nany account. You may not sell, assign or transfer\na claim.\nSending a Claim Notice\nBefore beginning a lawsuit, mediation or\narbitration, you and we agree to send a written\nnotice (a claim notice) to each party against\nwhom a claim is asserted, in order to provide\nan opportunity to resolve the claim informally or\nthrough mediation. Go to americanexpress.com/\nclaim for a sample claim notice. The claim notice\nmust describe the claim and state the specific\nrelief demanded. Notice to you may be provided\nby your billing statement or sent to your billing\naddress. Notice to us must include your name,\naddress and Account number and be sent to\nAmerican Express ADR c/o CT Corporation\nSystem, 28 Liberty Street, New York, New York\n10005. If the claim proceeds to arbitration, the\namount of any relief demanded in a claim notice\nwill not be disclosed to the arbitrator until after the\narbitrator rules.\nVersion 1122693V2\n\nMediation\nIn mediation, a neutral mediator helps parties\nresolve a claim. The mediator does not decide\nthe claim but helps parties reach agreement.\nBefore beginning mediation, you or we must\nfirst send a claim notice. Within 30 days after\nsending or receiving a claim notice, you or we\nmay submit the claim to JAMS (1-800-352-5267,\njamsadr.com) or the American Arbitration\nAssociation ("AAA") (1-800-778-7879, adr.org)\nfor mediation. We will pay the fees of the\nmediator. All mediation-related communications\nare confidential, inadmissible in court and not\nsubject to discovery.\nAll applicable statutes of limitation will be tolled\nfrom the date you or we send the claim notice\nuntil termination of the mediation. Either you or\nwe may terminate the mediation at any time.\nThe submission or failure to submit a claim to\nmediation will not affect your or our right to elect\narbitration.\nArbitration\nYou or we may elect to resolve any claim by\nindividual arbitration. Claims are decided by a\nneutral arbitrator.\nIf arbitration is chosen by any party, neither\nyou nor we will have the right to litigate that\nclaim in court or have a jury trial on that\nclaim. Further, you and we will not have\nthe right to participate in a representative\ncapacity or as a member of any class\npertaining to any claim subject to arbitration.\nArbitration procedures are generally simpler\nthan the rules that apply in court, and\ndiscovery is more limited. The arbitrator\'s\nauthority is limited to claims between you\nand us alone. Claims may not be joined\nor consolidated unless you and we agree\nin writing. An arbitration award and any\njudgment confirming it will apply only to\nthe specific case and cannot be used in any\nother case except to enforce the award. The\narbitrator\'s decisions are as enforceable\nas any court order and are subject to very\nlimited review by a court. Except as set forth\nbelow, the arbitrator\'s decision will be final\nand binding. Other rights you or we would\nhave in court may also not be available in\narbitration.\nInitiating Arbitration\nBefore beginning arbitration, you or we must first\nsend a claim notice. Claims will be referred to\neither JAMS or AAA, as selected by the party\nelecting arbitration. Claims will be resolved\npursuant to this Arbitration provision and the\nselected organization\'s rules in effect when\nPage 6 of 8\n\nthe claim is filed, except where those rules\nconflict with this Agreement. If we choose the\norganization, you may select the other within\n30 days after receiving notice of our selection.\nContact JAMS or AAA to begin an arbitration\nor for other information. Claims also may be\nreferred to another arbitration organization if\nyou and we agree in writing or to an arbitrator\nappointed pursuant to section 5 of the Federal\nArbitration Act, 9 U.S.C. sec. 1-16 (FAA).\nWe will not elect arbitration for any claim you\nfile in small claims court, so long as the claim\nis individual and pending only in that court.\nYou or we may otherwise elect to arbitrate\nany claim at any time unless it has been filed\nin court and trial has begun or final judgment\nhas been entered. Either you or we may delay\nenforcing or not exercise rights under this\nArbitration provision, including the right to\narbitrate a claim, without waiving the right to\nexercise or enforce those rights.\nLimitations on Arbitration\nIf either party elects to resolve a claim by\narbitration, that claim will be arbitrated\non an individual basis. There will be\nno right or authority for any claims to\nbe arbitrated on a class action basis or\non bases involving claims brought in a\npurported representative capacity on behalf\nof the general public, other cardmembers\nor other persons similarly situated.\nNotwithstanding any other provision and\nwithout waiving the right to appeal such\ndecision, if any portion of these Limitations on\nArbitration is deemed invalid or unenforceable,\nthen the entire Arbitration provision (other than\nthis sentence) will not apply.\nArbitration Procedures\nThis Arbitration provision is governed by\nthe FAA. The arbitrator will apply applicable\nsubstantive law, statutes of limitations and\nprivileges. The arbitrator will not apply any\nfederal or state rules of civil procedure or\nevidence in matters relating to evidence\nor discovery. Subject to the Limitations on\nArbitration, the arbitrator may otherwise award\nany relief available in court. You and we agree\nthat the arbitration will be confidential. You\nand we agree that we will not disclose the\ncontent of the arbitration proceeding or its\noutcome to anyone, but you or we may notify\nany government authority of the claim as\npermitted or required by law.\nIf your claim is for $10,000 or less, you\nmay choose whether the arbitration will be\nconducted solely on the basis of documents,\n\n\x0cthrough a telephonic hearing, or by an in-person\nhearing. At any party\'s request, the arbitrator will\nprovide a brief written explanation of the award.\nThe arbitrator\'s award will be final and binding,\nsubject to each party\'s right to appeal as stated\nin this section and/or to challenge or appeal an\narbitration award pursuant to the FAA. To initiate\nan appeal, a party must notify the arbitration\norganization and all parties in writing within 35\ndays after the arbitrator\'s award is issued. The\narbitration organization will appoint a threearbitrator panel to decide anew, by majority vote\nbased on written submissions, any aspect of the\ndecision objected to. The appeal will otherwise\nproceed pursuant to the arbitration organization\'s\nappellate rules. Judgment upon any award may\nbe entered in any court having jurisdiction. At your\nelection, arbitration hearings will take place in the\nfederal judicial district of your residence.\nArbitration Fees and Costs\nYou will be responsible for paying your share\nof any arbitration fees (including filing,\nadministrative, hearing or other fees), but only up\nto the amount of the filing fees you would have\nincurred if you had brought a claim in court. We\nwill be responsible for any additional arbitration\n\nfees. At your written request, we will consider in\ngood faith making a temporary advance of your\nshare of any arbitration fees, or paying for the\nreasonable fees of an expert appointed by the\narbitrator for good cause.\nAdditional Arbitration Awards\nIf the arbitrator rules in your favor for an\namount greater than any final offer we made\nbefore the final hearing in arbitration, the\narbitrator\'s award will include: (1) any money to\nwhich you are entitled, but in no case less than\n$5,000; and (2) any reasonable attorneys\' fees,\ncosts and expert and other witness fees.\nYour Right to Reject Arbitration\nYou may reject this Arbitration provision by\nsending a written rejection notice to us at:\nAmerican Express, P.O. Box 981556, El Paso,\nTX 79998. Go to americanexpress.com/reject\nfor a sample rejection notice. Your rejection\nnotice must be mailed within 45 days after your\nfirst card purchase. Your rejection notice must\nstate that you reject the Arbitration provision\nand include your name, address, Account\nnumber and personal signature. No one else\nmay sign the rejection notice. If your rejection\nnotice complies with these requirements, this\n\nArbitration provision and any other arbitration\nprovisions in the cardmember agreements for\nany other currently open American Express\naccounts you have will not apply to you, except\nfor Corporate Card accounts and any claims\nsubject to pending litigation or arbitration at the\ntime you send your rejection notice. Rejection\nof this Arbitration provision will not affect your\nother rights or responsibilities under this Claims\nResolution section or the Agreement. Rejecting\nthis Arbitration provision will not affect your\nability to use your card or any other benefit,\nproduct or service you may have with your\nAccount.\nContinuation\nThis section will survive termination of your\nAccount, voluntary payment of your Account\nbalance, any legal proceeding to collect a debt,\nany bankruptcy and any sale of your Account\n(in the case of a sale, its terms will apply to the\nbuyer of your Account). If any portion of this\nClaims Resolution section, except as otherwise\nprovided in the Limitations on Arbitration\nsubsection, is deemed invalid or unenforceable,\nit will not invalidate the remaining portions of\nthis Claims Resolution section.\n\nClaims Resolution for Covered Borrowers\nMost customer concerns can be resolved by\ncalling our Customer Service Department at the\nnumber listed on the back of your Card. In the\nevent Customer Service is unable to resolve a\ncomplaint to your satisfaction, this section explains\nhow claims can be resolved through litigation,\nnon-binding mediation or, at your election,\narbitration. You are not required to resolve any\nclaims by mediation and arbitration. For this\nsection, you and us includes any corporate\nparents, subsidiaries, affiliates or related persons\nor entities. Claim means any current or future\nclaim, dispute or controversy relating to your\nCard account, this Agreement, or any agreement\nor relationship you have or had with us, except\nfor the validity, enforceability or scope of the\nArbitration provision. Claim includes but is not\nlimited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based\nupon contract, tort, fraud, statute, regulation,\ncommon law and equity; (3) claims by or against\nany third party using or providing any product,\nservice or benefit in connection with any account;\nand (4) claims that arise from or relate to (a) any\naccount created under any of the agreements\nor any balances on any such account, (b)\nadvertisements, promotions or statements related\nto any accounts, goods or services financed\nunder any accounts or terms of financing, (c)\nbenefits and services related to Card membership\n(including fee-based or free benefit programs,\nenrollment services and rewards programs) and\n(d) your application for any account. You may not\nsell, assign or transfer a claim.\nSending a Claim Notice\nBefore beginning a lawsuit, arbitration or\nnon-binding mediation, you may send a\nwritten notice (a claim notice) to us. Go to\namericanexpress.com/claim for a sample claim\nnotice. The claim notice should describe the claim\nand state the specific relief demanded. We may\nalso request that we resolve a claim by mediation\nor arbitration, but you are not required to accept\nVersion 1122693V2\n\nour request. We may include our request with\nyour billing statement or mail it to your home\naddress. Notice to us must include your name,\naddress and Account number and be sent to\nAmerican Express ADR c/o CT Corporation\nSystem, 28 Liberty Street, New York, New\nYork 10005. If the claim proceeds to litigation,\nmediation or arbitration, the amount of any\nrelief demanded in a claim notice will not be\ndisclosed. You are not required to resolve\nyour claim through mediation or arbitration.\nYou may decline our request to resolve a\nclaim through mediation or arbitration. You\nmay elect to resolve your claim through\nlitigation.\nMediation\nIf you elect to resolve your claim through\nmediation, a neutral mediator will help\nresolve the claim. The mediator does not\ndecide the claim but helps parties reach\nagreement. Before beginning mediation, you\nor we must first send a claim notice. Within\n30 days after sending or receiving a claim\nnotice, you or we may submit the claim to\nJAMS (1-800-352-5267, jamsadr.com) or\nthe American Arbitration Association ("AAA")\n(1-800-778-7879, adr.org) for mediation. We\nwill pay the fees of the mediator. All mediationrelated communications are confidential,\ninadmissible in court and not subject to\ndiscovery. All applicable statutes of limitation\nwill be tolled from the date you or we send the\nclaim notice until termination of the mediation.\nEither you or we may terminate the mediation\nat any time. The submission or failure to submit\na claim to mediation will not affect your or\nour right to elect litigation or arbitration. The\noutcome of mediation proceedings is nonbinding. You may proceed to litigation or\narbitration regardless of the outcome of\nmediation.\nArbitration\nYou may elect, but are not required, to resolve\nany claim by individual arbitration. We may\nPage 7 of 8\n\nalso request to resolve any claim by individual\narbitration, but you are not required to accept\nour request. Claims are decided by a neutral\narbitrator.\nIf you elect or agree to resolve a claim\nthrough arbitration, your or our right to\nlitigate that claim in court or have a jury trial\non that claim may be limited. Further, you\nand we may not have the right to participate\nin a representative capacity or as a member\nof any class pertaining to any claim subject\nto arbitration. Arbitration procedures are\ngenerally simpler than the rules that apply\nin court, and discovery is more limited. The\narbitrator\'s authority is limited to claims\nbetween you and us alone. Claims may not\nbe joined or consolidated unless you and\nwe agree in writing. An arbitration award\nand any judgment confirming it will apply\nonly to the specific case and cannot be\nused in any other case except to enforce\nthe award. The arbitrator\'s decisions are\nas enforceable as any court order and are\nsubject to very limited review by a court.\nExcept as set forth below, the arbitrator\'s\ndecision will be final and binding. Other\nrights you or we would have in court may\nalso not be available in arbitration.\nInitiating Arbitration\nIf you and we agree to proceed to arbitration,\nclaims will be referred to either JAMS or\nAAA, as selected by the party electing\narbitration. Claims will be resolved pursuant\nto this Arbitration provision and the selected\norganization\'s rules in effect when the claim is\nfiled, except where those rules conflict with this\nAgreement.\nIf we choose the organization, you may select\nthe other within 30 days after receiving notice\nof our selection.\nContact JAMS or AAA to begin an arbitration\nor for other information. Claims also may be\nreferred to another arbitration organization if\n\n\x0cyou and we agree in writing or to an arbitrator\nappointed pursuant to section 5 of the Federal\nArbitration Act, 9 U.S.C. sec. 1-16 (FAA). We\nwill not request arbitration for any claim you file\nin small claims court, so long as the claim is\nindividual and pending only in that court. You\nmay otherwise elect to arbitrate any claim at any\ntime unless it has been filed in court and trial has\nbegun or final judgment has been entered.\nLimitations on Arbitration\nIf the parties agree to resolve a claim by\narbitration, that claim will be arbitrated on an\nindividual basis pursuant to that agreement,\nand the agreement would not allow claims\nto be arbitrated on a class action basis or on\nbases involving claims brought in a purported\nrepresentative capacity on behalf of the\ngeneral public, other Cardmembers, or other\npersons similarly situated.\nNotwithstanding any other provision and without\nwaiving the right to appeal such decision, if\nany portion of these Limitations on Arbitration\nprovisions is deemed invalid or unenforceable,\nthen the entire Arbitration provision (other than this\nsentence) will not apply.\nArbitration Procedures\nThis Arbitration provision is governed by the FAA.\nThe arbitrator will apply applicable substantive\nlaw, statutes of limitations and privileges. The\narbitrator will not apply any federal or state rules\nof civil procedure or evidence in matters relating to\nevidence or discovery. Subject to the Limitations\n\nVersion 1122693V2\n\non Arbitration provisions, the arbitrator may\notherwise award any relief available in court.\nYou and we agree that the arbitration will be\nconfidential. You and we agree that we will\nnot disclose the content of the arbitration\nproceeding or its outcome to anyone, but you\nor we may notify any government authority of\nthe claim as permitted or required by law.\nIf your claim is for $10,000 or less, you\nmay choose whether the arbitration will be\nconducted solely on the basis of documents,\nthrough a telephonic hearing, or by an in\nperson hearing. At any party\'s request, the\narbitrator will provide a brief written explanation\nof the award. The arbitrator\'s award will be\nfinal and binding, subject to each party\'s right\nto appeal as stated in this section and/or\nto challenge or appeal an arbitration award\npursuant to the FAA. To initiate an appeal, a\nparty must notify the arbitration organization\nand all parties in writing within 35 days after\nthe arbitrator\'s award is issued. The arbitration\norganization will appoint a three-arbitrator panel\nto decide anew, by majority vote based on\nwritten submissions, any aspect of the decision\nobjected to. The appeal will otherwise proceed\npursuant to the arbitration organization\'s\nappellate rules. Judgment upon any award\nmay be entered in any court having jurisdiction.\nAt your election, arbitration hearings will take\nplace in the federal judicial district of your\nresidence.\n\nPage 8 of 8\n\nArbitration Fees and Costs\nYou will be responsible for paying your share\nof any arbitration fees (including filing,\nadministrative, hearing or other fees), but only\nup to the amount of the filing fees you would\nhave incurred if you had brought a claim in\ncourt. We will be responsible for any additional\narbitration fees. At your written request, we\nwill consider in good faith making a temporary\nadvance of your share of any arbitration fees,\nor paying for the reasonable fees of an expert\nappointed by the arbitrator for good cause.\nAdditional Arbitration Awards\nIf the arbitrator rules in your favor for an\namount greater than any final offer we made\nbefore the final hearing in arbitration, the\narbitrator\'s award will include: (1) any money to\nwhich you are entitled, but in no case less than\n$5,000; and (2) any reasonable attorneys\' fees,\ncosts and expert and other witness fees.\nContinuation\nThis section will survive termination of your\nAccount, voluntary payment of your Account\nbalance, any legal proceeding to collect a debt,\nany bankruptcy and any sale of your Account\n(in the case of a sale, its terms will apply to the\nbuyer of your Account). If any portion of this\nClaims Resolution section, except as otherwise\nprovided in the Limitations on Arbitration\nsubsection, is deemed invalid or unenforceable,\nit will not invalidate the remaining portions of\nthis Claims Resolution section.\n\n\x0c'