b'Cardmember Agreement: Part 1 of 2\nAs of: 07/01/2021\n\n\xc2\xae\n\nPlatinum Card from American Express\nIssuer: American Express National Bank\n\nRates and Fees Table\nInterest Rates\nAnnual Percentage Rate\n(APR) for Pay Over Time\nFeature\nAPR for Cash Advances\nPenalty APR and When\nit Applies\n\nPrime Rate + 12.74% to Prime Rate + 19.74%\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 the Pay Over Time balance(s) on 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)\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\nFees\nAnnual Membership Fee\nTransaction Fees\n\xe2\x97\x8f\n\xe2\x97\x8f\n\nCash Advance\nForeign Transaction\n\nYour due date is at least 25 days after the close of each billing period. We will not charge\nyou interest on charges automatically added to a Pay Over Time balance if each month\nyou pay your Account Total New Balance on your billing statement (or, if you have a Plan\nbalance, your Adjusted Balance on your billing statement) by the due date. If you have\nCash Advance on your Account, we will begin charging interest on cash advances on the\ntransaction date.\nIf you are enrolled in Pay Over Time Select: we will begin charging interest on purchases\nadded to a Pay Over Time Select balance at your request on the date that they are\nadded to your Pay Over Time Select balance.\nFor purchase amounts in a Pay Over Time balance: A monthly fee up to 1.33% of each\npurchase amount moved into a plan based on the plan duration, the APR that would\notherwise apply to the purchase amount, and other factors. For purchase amounts in a Pay\nIn Full balance: A monthly fee up to 1.33% of each purchase amount moved into a plan\nbased on the plan duration, the APR that applies to the Pay Over Time feature at the time\nyou create the plan, and other factors.\nTo learn more about factors to consider when applying for or using a credit\ncard, visit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n$695\nEither $10 or 5% of the amount of each cash advance, whichever is greater.\nNone.\n\nPenalty Fees\n\xe2\x97\x8f\n\xe2\x97\x8f\n\nLate Payment\nReturned Payment\n\nUp to $40\nUp to $40\n\nHow we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we\ncalculate interest section in Part 2.\nExplanation of Variable Rates: If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.\nIn that 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) is\n1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. The variable penalty APR will not\nexceed 29.99%.\n\nCMAEUAOT0000001\n\nPage 1 of 2\n\n\x0cHow Rates and Fees Work\nRates for Pay Over Time and/or Cash Advance balance(s)\nPenalty APR for new\ntransactions\n\nThe penalty APR may apply to new\ntransactions if:\n\xe2\x80\xa2 you do not pay at least the Minimum\nPayment Due by the Payment Due Date\non one or more occasions; or\n\xe2\x80\xa2 your payment is returned by your bank.\nWe may also consider your creditworthiness\nin determining whether or not to apply the\npenalty APR to the Pay Over Time\nbalance(s) on 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\nAnnual Membership\nPlan Fee\n\nLate Payment\n\nReturned Payment\n\nReturned Check\n\nThis fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $175 for up to 3\nadditional Platinum Cards, $175 for each additional Platinum Card after the first 3, and $0 for\nadditional Gold Cards.\nFor purchase amounts in a Pay Over Time balance: Up to 1.33% of each purchase amount moved into a\nplan based on the plan duration, the APR that would otherwise apply to the purchase amount, and other\nfactors. For purchase amounts in a Pay In Full balance: Up to 1.33% of each purchase amount moved\ninto a plan based on the plan duration, the APR that applies to the Pay Over Time feature at the time you\ncreate the plan, and other factors. This fee is a fixed finance charge that will be charged each month that\na plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan. For more\ninformation, see About the Plan It feature in Part 2.\nUp to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the\nPayment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is\n$40. However, the late fee will not exceed the Amount Due (or Minimum Payment Due, if\napplicable). Paying late may also result in a penalty APR for new transactions in a Pay Over\nTime balance. See Penalty APR for new transactions above.\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 $40.\nHowever, the returned payment fee will not exceed the Amount Due (or Minimum Payment Due, if\napplicable). A returned payment may also result in a penalty APR for new transactions in a Pay Over\nTime balance. See Penalty APR for new transactions above.\n$38 if you use your card to cash a check at one of our approved locations and the check is\nreturned unpaid. We will also charge you the unpaid amount.\n\nAccount Re-opening\n\n$25 if your Account is cancelled, you ask us to re-open it, and we do so.\n\nCash Advance\n\n5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash\nadvance, with a minimum of $10. We will add this fee to the Cash Advance balance.\nNone\n\nForeign Transaction\n\nHow Pay Over Time Works\nAbout the Pay Over Time\nfeature\nSee More About Pay Over\nTime in Part 2 of this\nAgreement for important\nadditional information about\nthe Pay Over Time feature.\n\n\xe2\x80\xa2 We may offer you Pay Over Time, which allows you to pay eligible charges over time, with interest. Pay\nOver Time has two settings: on and off. When on, we will automatically add new eligible charges to your\nPay Over Time balance. When off, no new charges will be automatically added to your Pay Over Time\nbalance. You can change your setting at any time, but your setting at 8 p.m. EST will determine whether a\ncharge made that day is automatically added to your Pay Over Time balance. To view or change your Pay\nOver Time setting, visit your online account or call the number on the back of your Card. If you transfer to a\nnew Card with the same Account number, your Pay Over Time setting at time of transfer will remain in\neffect on your new Card.\n\xe2\x80\xa2 If you have the Pay Over Time Select feature on your Account: you can request to add eligible purchases\nnot already in a Pay Over Time balance from the current or preceding billing period to your Pay Over Time\nSelect balance. If we approve your request, we will add the purchase to your Pay Over Time Select\nbalance. If we decline your request, you must pay the purchase in full by the Payment Due Date.\n\xe2\x80\xa2 If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travelrelated purchases to your Pay Over Time Travel balance regardless of whether your Pay Over Time setting\nis on or off. If you request to cancel your Pay Over Time Travel feature, you will not be able to\nre-enroll.\n\nPart 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.\n\nCMAEUFEEPAPR103\n\nPage 2 of 2\n\n\x0cFDR 1122704\n\nCardmember Agreement: Part 2 of 2\n\nDoc 27303\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\n\namendments are also part 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,\nlegal or competitive environment. This written\nAgreement is a final expression of the agreement\ngoverning the Account. The written Agreement may\nnot be contradicted by any alleged oral agreement.\n\nWe cannot increase the interest rate on existing\nbalances except in limited circumstances. Changes\nto some terms may require 45 days advance notice,\nand we will tell you in the notice if you have the right\nto reject a change. We cannot change certain terms\nduring the first year of your Cardmembership.\n\nWords we use in the\nAgreement\n\nWe, us, and our mean the issuer shown on page\n1 of Part 1. You and your mean the person who\napplied for this Account and for whom we opened\nthe Account. You and your also mean anyone\nwho agrees to pay for this Account. You are the\nBasic Cardmember. You may request a card for\nan Additional Cardmember (see About Additional\nCardmembers in Part 2).\n\nA cash advance is a charge to get cash or cash\nequivalents, including travelers cheques, gift\ncheques, foreign currency, money orders, digital\ncurrency, casino gaming chips, race track wagers,\nsimilar offline and online betting transactions,\nprecious metal coins or bullion and digital precious\nmetals products. A person-to-person transaction is\na charge for funds sent to another person or a charge\nTM\nto add funds to your Amex Send Account. A plan\nis a portion of your account balance that you have\nselected to pay through a set number of monthly\npayments using Plan It.\n\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,\nfees and interest charges. A purchase is a charge for\ngoods, services, or person-to-person transactions.\n\nWhen you use the Account (or you sign or keep the\ncard), you agree to the terms of the Agreement.\n\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\nour discretion, we may permit you to make cash\nadvances.\nWe decide whether to approve a charge, including\ncash advances subject to Limits on Cash Advances\nand person-to-person transactions subject to Limits\non person-to-person transactions below, based on\nhow you spend and pay on this Account and other\naccounts you have with us and our Affiliates. We\nalso consider your credit history and your personal\nresources that we know about.\nYou may arrange for certain merchants and third\nparties to store your card number and expiration date,\nso that, for example:\n\nPromise to pay\n\nPay Over Time Limit\n\nLimits on Cash Advances\n\nVersion 1122704V2\n\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.\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.\nIf you have Pay Over Time, we assign a Pay Over Time Limit to your Account. The Pay Over Time Limit\napplies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance\ncannot exceed your Pay Over Time Limit. When there is a delay in posting cash advances or plans to your\nAccount, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time\nLimit. We may approve or decline a charge regardless of whether your Card account balance exceeds or does\nnot exceed your Pay Over Time Limit. If you have Pay Over Time on your Account, your Pay Over Time Limit\nis shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Pay Over Time\nLimit at any time, including when you change the Pay Over Time setting from off to on. We may do so even if\nyou pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit. You\nmust pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance,\nor Plan balance.\nYour Cash Advance balance may not exceed:\nYou agree to manage your Account so that your Cash\nAdvance balance (including fees and interest) is not\n\xc2\xae\nZync Card $3,000\nmore than the Limit on Cash Advances.\nGreen Card $3,000\nFor purposes of the Limits on Cash Advances, your\nGold Card $6,000\nCash Advance balance will be determined by adding\n\xc2\xae\nnew cash advance transactions to the ending Cash\nPlatinum Card $8,000\n\xc2\xae\nAdvance balance of the prior day.\nCenturion Card $10,000\nIn addition, we may not approve a cash advance\nThere may also be a limit on the amount of cash and\ntransaction if it would cause the total of your Pay Over\nnumber of times you can obtain cash from ATMs in a\nTime and/or Cash Advance balance and Plan balance\ngiven period.\nto go over your Pay Over Time Limit.\nPage 1 of 9\n\n\x0cLimits on person-to-person\ntransaction\n\nYour person-to-person transactions may not exceed\nthe following limits within any 30-day period:\n\xc2\xae\n\nOne from American Express $2,000\n\xc2\xae\n\nZync Card $2,000\nGreen Card $2,000\nGold Card $2,000\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 applicable\nperson-to-person transaction limit.\n\n\xc2\xae\n\nPlatinum Card $4,000\n\xc2\xae\n\nCenturion Card $5,000\n\nDeclined transactions\n\nWe may decline to authorize a charge. Reasons\nwe may do this include suspected fraud and our\nassessment of your creditworthiness. This may occur\neven if your Account is not in default.\n\nWe are not responsible for any losses you incur\nif we do not authorize a charge. And we are not\nresponsible if any merchant refuses to accept the\ncard.\n\nMore About Pay Over Time\n\nWith Pay Over Time, you have the option to pay\neligible charges over time with interest (see When we\ncharge interest in Part 2). You can choose to pay your\nAccount Total New Balance in full each month, the\nMinimum Payment Due, or any amount in between\n(see When you must pay in Part 2).\n\nCertain charges are not eligible for Pay Over Time,\nsuch as cash and similar transactions. We may\nchange the charges that are eligible to be added\nto your Pay Over Time balance. We may suspend\nyour Pay Over Time feature at any time based on\nour assessment of your creditworthiness, the status\nof your Account, and your enrollment in a payment\nprogram. In addition, if your Account is past due, you\nwill not be able to change your Pay Over Time setting\nfrom off to on.\n\nWe automatically add eligible charges, including\nAnnual Membership Fees, to your Pay Over Time\nbalance if the Pay Over Time feature is on at 8 p.m.\nEastern Time on the transaction date provided by\nthe merchant or on the date when an eligible Annual\nMembership Fee is charged to your Account. The\ntransaction date provided by the merchant may\ndiffer from the date you made the purchase if, for\nexample, there is a delay in the merchant submitting\nthe transaction to us or if the merchant uses the\nshipping date as the transaction date.\n\nAbout the Plan It feature\n\nWe may offer you Plan It, which allows you to\ncreate a payment plan for qualifying purchases or a\nqualifying amount, subject to a plan fee. This fee is a\nfixed finance charge that will be charged each month\nthat a plan is active.\nYou may use this feature by selecting qualifying\npurchases or a qualifying amount and a plan duration.\nYou will be able to view the monthly plan payments,\nincluding the plan fee, for your selection. Each plan\nfee will be disclosed before you create the applicable\nplan. If you create a plan for a purchase or an amount\nin your Pay Over Time balance, the purchase or\namount will be moved to a plan balance and will be\nsubject to a plan fee instead of the APR that would\notherwise apply to the purchase amount. If you create\na plan for a purchase or amount that is in your Pay In\nFull balance, the purchase or amount will be moved\nto a plan balance and will be subject to a plan fee\nbased on the APR that applies to the Pay Over Time\nfeature at the time you create the plan.\nA qualifying purchase for Plan It is a purchase of at\nleast a specified dollar amount. A qualifying amount\nfor Plan It is a specified portion of your balance. The\nfollowing are not qualifying purchases or amounts:\ncash or cash equivalents, purchases subject to\nForeign Transaction Fees, or any fees owed to us,\nincluding Annual Membership Fees.\n\nThe Pay Over Time Limit applies to the total of your\nPay Over Time, Cash Advance, and Plan balances.\nYour Pay Over Time balance cannot exceed your Pay\nOver Time Limit. When there is a delay in posting\ncash advances or plans to your Account, the total\nof your Pay Over Time, Cash Advance, and Plan\nbalances may exceed your Pay Over Time Limit.\nYou must pay in full, by the Payment Due Date, all\ncharges that are not added to a Pay Over Time, Cash\nAdvance, or Plan balance.\nYour ability to create plans will be based on a variety\nof factors such as your creditworthiness and your Pay\nOver Time Limit. You may not be able to create a plan\nif it would cause you to exceed your Pay Over Time\nLimit. You will not be able to create plans if your Pay\nOver Time feature is suspended or your Account is\ncancelled. You will also not be able to create plans if\none or more of your American Express accounts is\nenrolled in a payment program, has a payment that\nis returned unpaid, or is past due. We will tell you the\nnumber of active plans you may have, and we may\nchange this number at any time. The plan durations\noffered to you, and your ability to include multiple\nqualifying purchases or a qualifying amount in a\nsingle plan, will be at our discretion and will be based\non a variety of factors such as your creditworthiness,\nthe purchase amount(s), and your Account history.\nPlans cannot be cancelled after they have been\ncreated, but you can choose to pay them early by\npaying the Account Total New Balance shown on your\nmost recent billing statement in full. If you pay a plan\noff early, you will not incur any future plan fees on that\nplan.\n\nAbout your payments\nWhen you must pay\n\nVersion 1122704V2\n\nYou must pay the Amount Due, or Minimum Payment\nDue, if applicable, no later than the Payment Due\nDate shown on your billing statement to avoid a\nlate payment fee. Each billing statement also states\nthe time and manner by which you must make your\npayment for it to be credited as of the same day it is\nreceived. For your payment to be considered on time,\nwe must receive it in such time and manner by the\nPayment Due Date shown on your billing statement.\nPage 2 of 9\n\nEach billing statement also shows a Closing Date.\nThe Closing Date is the last day of the billing period\ncovered by the billing statement. Each Closing Date\nis about 30 days after the previous billing statement\'s\nClosing Date.\n\n\x0cHow to make payments\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\nthe U.S. banking system, for example a money\norder, or\n\xe2\x97\x8f an electronic payment that can be cleared through\nthe U.S. banking system.\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\nnegotiable instrument and include the payment\ncoupon.\nIf your payment meets the above requirements, we\nwill credit it to your Account as of the day we receive\nit, as long as we receive it by the time disclosed in\n\nHow we apply payments and\ncredits\n\nIf your statement includes a Pay Over Time and/\nor Cash Advance New Balance or Plan Balance, it\nwill show a Minimum Payment Due. The Minimum\nPayment Due includes the Pay in Full New Balance\nplus the Pay Over Time and/or Cash Advance\nMinimum Due and the Plan Payment Due. Your\nAccount may have balances with different interest\nrates. For example, a Pay Over Time balance may\nhave a lower interest rate than a Cash Advance\nbalance. Your Account may also have Plan balances\nwhich are assessed plan fees. Below is how we\ngenerally apply payments in a billing period:\n\xe2\x97\x8f We apply your payments \xe2\x80\x93 up to the Minimum\nPayment Due \xe2\x80\x93 first to the Pay in Full New\nBalance and then to any plan amounts included in\nyour Minimum Payment Due, then to the Pay Over\nTime and/or Cash Advance New Balance. When\napplying a payment to the Pay Over Time and/or\nCash Advance balances, we apply it first to the\nbalance with the lowest interest rate and then to\nbalances with higher interest rates.\n\nyour billing statement. If we receive it after that time,\nwe will credit the payment on the day after we receive\nit.\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 the Rates and Fees Table and\nHow Rates, Fees and Pay Over Time Work in Part 1).\nWe will not accept a payment made in a foreign\ncurrency or a payment drawn on an account at a bank\nlocated 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 payments first to the Pay Over Time\nand/or Cash Advance balances with the highest\ninterest rate and then to balances with lower\ninterest rates, and then to any Plan balances.\nIn most cases, we apply a credit to the same balance\nas the related charge. We may apply payments and\ncredits within balances, and among balances with\nthe same interest rate, in any order we choose. If you\nreceive a credit for a purchase added to a plan, you\nmust call us at the number on the back of your card to\nhave the credit applied to the plan balance.\n\nAbout your Minimum Payment Due\nHow we calculate your\nMinimum Payment Due\n\nThe Minimum Payment Due is the sum of the following on your billing statement:\nA. The Pay In Full New Balance\nB. Any Pay Over Time and/or Cash Advance Minimum Due\nC. Any Plan Payment Due\nAbove amounts include any past due amounts.\nYour Pay Over Time and/or Cash Advance Minimum Due is the highest of:\n(1) $40\n(2) 2% of the Pay Over Time and/or Cash Advance New Balance\n(3) The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance\nminus the Interest charged on the billing statement as the Amount to calculate the sum of (a) through (c)\nbelow:\n(a) 1% of the Amount from $0 through $20,000\n(b) 2% of the Amount from $20,000.01 through $35,000\n(c) 5% of the Amount above $35,000\nThen continue with the following steps:\n(d) Divide the sum from steps (a) through (c) by the Amount and round to four decimals\n(e) Multiply by the Amount\n(f) Add the Interest charged on the billing statement\nPlus any Pay Over Time and/or Cash Advance amount past due.\nYour Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash\nAdvance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding\nbalance, at any time.\nEXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New\nBalance of $30,300, which includes Interest of $300\n(1) $40\n(2) 2% multiplied by $30,300 equals $606\n(3) $30,300 minus $300 equals $30,000\n(a) 1% multiplied by $20,000 equals $200\n(b) 2% multiplied by ($30,000 minus $20,000) equals $200\n(d) ($200 plus $200) divided by $30,000 equals 0.0133\n(e) $30,000 multiplied by 0.0133 equals $399\n(f) $399 plus $300 equals $699\nThe highest of (1), (2) or (3) is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the\nPay in Full New Balance of $200 together make up the Minimum Payment Due of $899.\n\nVersion 1122704V2\n\nPage 3 of 9\n\n\x0cAbout interest charges on Pay Over Time and Cash Advance balances\nWhen we charge interest\n\nWe charge interest on Pay Over Time Balances as described below. For cash advances, we charge interest\nfrom the transaction date. You cannot avoid paying interest on cash advances.\nFor charges added automatically to a Pay Over Time balance, we charge interest from the transaction date until\nthey are paid. However, we will not charge interest on these charges in a billing period if:\n\xe2\x97\x8f your Pay Over Time Previous Balance for the billing period is zero, your Account is not past due, and you\npay your Amount Due (or Minimum Payment Due if applicable) by the Payment Due Date; or\n\xe2\x97\x8f you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have\nan active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due\nDate shown on each of those billing statements.\nIf you have or had Pay Over Time Select on your account: you are charged interest on purchases added to a\nPay Over Time Select balance at your request from the date they are added to a Pay Over Time Select balance\nuntil they are paid.\n\nHow we calculate interest\n\nWe calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay\nOver Time feature and Cash Advance balances may 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(1) Average Daily Balance (ADB) multiplied by\n(2) Daily Periodic Rate (DPR) multiplied by\n(3) 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 tenthousandth of a percentage point. Your DPRs are\nshown in How Rates and Fees Work in Part 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\nDetermining the Prime Rate\n\nDaily Balance\nFor each day a DPR is in effect, we figure the daily\nbalance for each balance 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 ofthe 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\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\nVersion 1122704V2\n\nPage 4 of 9\n\n\x0cAbout 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.\n\nConverting charges made in a\nforeign currency\n\nChanging your billing address\n\nClosing your Account\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\nYou authorize us to give Additional Cardmembers\ninformation about your Account and to discuss it with\nthem.\nIf you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into\nU.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based\nupon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is\nacceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a\ngovernment agency or the highest interbank rate AEEML identifies from customary banking sources on the\nconversion date or the prior business day. This rate may differ from rates that are in effect on the date of your\ncharge. We will bill charges converted by establishments (such as airlines) at the rates they use.\nYou must notify us immediately if you change the:\n\xe2\x97\x8f mailing address where we send billing statements;\nor\n\xe2\x97\x8f e-mail address to which we send notice that your\nbilling statement is available online.\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\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\nAbout default\n\nWe may consider your Account to be in default if:\n\xe2\x97\x8f you violate a provision of this Agreement,\n\xe2\x97\x8f you give us false information,\n\xe2\x97\x8f you file for bankruptcy,\n\xe2\x97\x8f you default under another agreement you have\nwith us or an affiliate,\n\xe2\x97\x8f you become incapacitated or die, or\n\xe2\x97\x8f we believe you are unable or unwilling to pay your\ndebts when due.\n\nCollection costs\nCredit reports\n\nYou agree to pay all reasonable costs, including attorneys\' fees, that we incur to collect amounts you owe.\n\nIf we consider your Account in default, we may, to the\nextent permitted by federal and applicable state law:\n\xe2\x97\x8f suspend your ability to make charges,\n\xe2\x97\x8f cancel or suspend any feature on your Account,\n\xe2\x97\x8f require you to pay more than your Minimum\nPayment Due immediately, and\n\xe2\x97\x8f require you to pay your Account balance\nimmediately.\n\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\nyour credit 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.\n\nSending you notices\n\nVersion 1122704V2\n\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\nU.S. mail.\n\nPage 5 of 9\n\n\x0cWe may contact you\n\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\nif you are charged for it.\nCall monitoring\nWe may monitor and record any calls between you and us.\n\nAbout insurance products\n\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.\n\nHow we handle electronic\ndebits from your checking\naccount\n\nWhen you pay us by check, you authorize us to\nelectronically deduct the amount from your bank\nor other asset account. We may process the check\nelectronically by transmitting to your financial\ninstitution:\n\xe2\x97\x8f the amount,\n\xe2\x97\x8f the routing number,\n\xe2\x97\x8f the account number, and\n\xe2\x97\x8f the check serial number.\n\nIf we do this, your payment may be deducted from\nyour bank or other asset account on the same day\nwe receive your check. Also, you will not receive that\ncancelled check with your bank or asset account\nbilling statement.\nIf we cannot collect the funds electronically, we may\nissue a draft against your bank or other asset account\nfor the amount of the check.\n\nPrivacy Act of 1974 notice\n\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.\n\nChanging benefits\nAssigning the Agreement\n\nWe have the right to add, modify or delete any benefit or service of your Account at our discretion.\n\nAssigning claims\n\nIf you dispute a charge with a merchant, we may credit\nthe Account for all or part of the disputed charge. If\nwe do so, you assign and transfer to us all rights and\nclaims (excluding tort claims) against the merchant.\n\nWe do not waive our rights\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.\n\nGoverning law\n\nUtah law and federal law govern this Agreement and\nyour Account. They govern without regard to internal\nprinciples of conflicts of law. We are located in Utah.\nWe hold your Account in Utah. We entered into this\nAgreement with you in Utah.\n\nNotice to Oregon Residents\n\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.\n\nNotice for residents of\nWashington State\n\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\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.\nYou agree that you will not pursue any claim against\nthe merchant for the credited amount. And you must\ncooperate with us if we decide to do so.\n\nIn addition, if your billing address is in the State\nof Maryland, to the extent, if any, that Maryland\nlaw applies to your account, we elect to offer your\ncard account pursuant to Title 12, Subtitle 9 of the\nMaryland Commercial Law Article.\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\nVersion 1122704V2\n\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\nclaims; (2) claims based upon contract, tort,\nfraud, statute, regulation, common law and\nequity; (3) claims by or against any third party\nusing or providing any product, service or\nbenefit in connection with any account; and\n(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\nrelated to any accounts, goods or services\nPage 6 of 9\n\nfinanced under any accounts or terms of\nfinancing, (c) benefits and services related\nto card membership (including fee-based or\nfree benefit programs, enrollment services and\nrewards programs) and (d) your application\nfor any account. You may not sell, assign or\ntransfer a claim.\nSending a Claim Notice\nBefore beginning a lawsuit, mediation or\narbitration, you and we agree to send a\nwritten notice (a claim notice) to each party\nagainst whom a claim is asserted, in order\nto provide an opportunity to resolve the\nclaim informally or through mediation. Go to\namericanexpress.com/claim for a sample claim\nnotice. The claim notice must describe the\n\n\x0cclaim and state the specific relief demanded.\nNotice to you may be provided by your billing\nstatement or sent to your billing address. Notice to\nus must include your name, address and Account\nnumber and be sent to American Express ADR c/\no CT Corporation System, 28 Liberty Street, New\nYork, New York 10005. If the claim proceeds to\narbitration, the amount of any relief demanded in\na claim notice will not be disclosed to the arbitrator\nuntil after the arbitrator rules.\nMediation\nIn mediation, a neutral mediator helps parties\nresolve a claim. The mediator does not decide the\nclaim but helps parties reach agreement.\nBefore beginning mediation, you or we must first\nsend a claim notice. Within 30 days after sending\nor receiving a claim notice, you or we may submit\nthe claim to JAMS (1-800-352-5267, jamsadr.com)\nor the American Arbitration Association ("AAA")\n(1-800-778-7879, adr.org) for mediation. We will\npay the fees of the mediator.\nAll mediation-related communications are\nconfidential, inadmissible in court and not subject\nto 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 claim.\nFurther, you and we will not have the right\nto participate in a representative capacity\nor as a member of any class pertaining to\nany claim subject to arbitration. Arbitration\nprocedures are generally simpler than the\nrules that apply in court, and discovery is more\nlimited. The arbitrator\'s authority is limited\nto claims between you and us alone. Claims\nmay not be joined or consolidated unless you\nand we agree in writing. An arbitration award\nand any judgment confirming it will apply only\nto the specific case and cannot be used in\nany other case except to enforce the award.\nThe arbitrator\'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 and\nbinding. Other rights you or we would have in\ncourt may also not be available in arbitration.\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\nthe claim is filed, except where those rules\nconflict with this Agreement. If we choose the\norganization, you may select the other within 30\ndays after receiving notice of our selection.\n\nVersion 1122704V2\n\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).\n\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\nWe will not elect arbitration for any claim you\nfile in small claims court, so long as the claim is\nindividual and pending only in that court.\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.\n\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 on\nan individual basis. There will be no right\nor authority for any claims to be arbitrated\non a class action basis or on bases\ninvolving 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\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. If your claim is for\n$10,000 or less, you may choose whether the\narbitration will be conducted solely on the basis\nof documents, through a telephonic hearing,\nor by an in-person hearing. At any party\'s\nrequest, the arbitrator will provide a brief written\nexplanation of the award. The arbitrator\'s award\nwill be final and binding, subject to each party\'s\nright to appeal as stated in this section and/\nor to 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\n\nPage 7 of 9\n\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:\n(1) any money to which you are entitled, but\nin no case less than $5,000; and (2) any\nreasonable attorneys\' fees, costs and expert\nand 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\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\n\x0cClaims 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\na complaint to your satisfaction, this section\nexplains how claims can be resolved through\nlitigation, non-binding mediation or, at your\nelection, arbitration. You are not required to\nresolve any claims by mediation and arbitration.\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 Card account, this Agreement,\nor any agreement or relationship you have or\nhad with us, except for the validity, enforceability\nor scope of the Arbitration provision. Claim\nincludes but is not limited to: (1) initial claims,\ncounterclaims, cross-claims and third-party\nclaims; (2) claims based upon contract, tort,\nfraud, statute, 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, 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\nour request. We may include our request with your\nbilling statement or mail it to your home address.\nNotice to us must include your name, address\nand Account number and be sent to American\nExpress ADR c/o CT Corporation System, 28\nLiberty Street, New York, New York 10005. If\nthe claim proceeds to litigation, mediation or\narbitration, the amount of any relief demanded\nin a claim notice will not be disclosed. You are\nnot required to resolve your claim through\nmediation or arbitration. You may decline our\nrequest to resolve a claim through mediation\nor arbitration. You may elect to resolve your\nclaim through litigation.\nMediation\nIf you elect to resolve your claim through\nmediation, a neutral mediator will help resolve\nthe claim. The mediator does not decide the\nclaim but helps parties reach agreement. Before\nbeginning mediation, you or we must first send\na claim notice. Within 30 days after sending or\nreceiving a claim notice, you or we may submit\nthe claim to JAMS (1-800-352-5267, jamsadr.com)\nor the American Arbitration Association ("AAA")\n(1-800-778-7879, adr.org) for mediation. We will\npay the fees of the mediator. All mediation-related\ncommunications are confidential, inadmissible in\ncourt and not subject to discovery. All applicable\nVersion 1122704V2\n\nstatutes of limitation will be tolled from the\ndate you or we send the claim notice until\ntermination of the mediation. Either you or\nwe may terminate the mediation at any time.\nThe submission or failure to submit a claim\nto mediation will not affect your or our right\nto elect litigation or arbitration. The outcome\nof mediation proceedings is non-binding.\nYou may proceed to litigation or arbitration\nregardless of the outcome of mediation.\nArbitration\nYou may elect, but are not required, to resolve\nany claim by individual arbitration. We may\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\nis filed, except where those rules conflict with\nthis Agreement. If we choose the organization,\nyou may select the other within 30 days after\nreceiving notice of our selection. Contact JAMS\nor AAA to begin an arbitration or for other\ninformation.\nClaims also may be referred to another\narbitration organization if you and we agree in\nwriting or to an arbitrator appointed pursuant\nto section 5 of the Federal Arbitration Act, 9\nU.S.C. sec. 1-16 (FAA). We will not request\narbitration for any claim you file in small claims\ncourt, so long as the claim is individual and\npending only in that court. You may otherwise\nelect to arbitrate any claim at any time unless\nit has been filed in court and trial has begun or\nfinal judgment has been entered.\nLimitations on Arbitration\nIf the parties agree to resolve a claim by\narbitration, that claim will be arbitrated\non an individual basis pursuant to that\nagreement, and the agreement would not\nallow claims to be arbitrated on a class\nPage 8 of 9\n\naction basis or on bases involving claims\nbrought in a purported representative\ncapacity on behalf of the general public,\nother Cardmembers, or other persons\nsimilarly 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\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 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 or\nwe may notify any government authority of the\nclaim 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.\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 amount\ngreater than any final offer we made before the\nfinal hearing in arbitration, the arbitrator\'s award\nwill include:\n(1) any money to which you are entitled, but\nin no case less than $5,000; and (2) any\nreasonable attorneys\' fees, costs and expert\nand other witness fees.\n\n\x0cContinuation\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\n9HUVLRQ\x03\x14\x14\x15\x15\x1a\x13\x179\x15\n\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\n\nPage 9 of 9\n\nsubsection, is deemed invalid or unenforceable,\nit will not invalidate the remaining portions of\nthis Claims Resolution section.\n\n\x0c'