The Rewards Gold Card
Issuer: American Express Travel Related Services Company, Inc.

Cardmember Agreement: Part 1 of 2

As of: 12/31/2012

Fees Table
 Fees
Annual Membership Fee
Transaction Fees
● Foreign Transaction
Penalty Fees
● Late Payment

● Returned Payment

$250

2.7% of each transaction after conversion to US dollars.

Up to $35; however, if you do not pay for two billing periods in a row,
                  your fee will be $35 or 2.99% of the past due amount, whichever is greater.
Up to $35

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How Fees Work
  Fees
Annual Membership

Late Payment

Returned Payment

Returned Check

Foreign Transaction

This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $65 for up to 5 additional
cards, then $65 for each additional card thereafter.
Up to $35 or 2.99% of the amount past due. If you do not pay the Amount Due on a billing statement
before the 10th day after the next Closing Date, the fee is $25. If this happens again within the next
6 billing periods, the fee is $35 instead. In both cases, if you do not pay the amount past due by the
following Closing Date, we will charge, in that same billing period, the greater of $35 or 2.99% of the
amount past due. For each subsequent billing period that an amount past due remains unpaid, the
fee is the greater of $35 or 2.99% of any amount past due. However, the late fee will not exceed the
Minimum Payment Due.
Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25.
If this happens again within the next 6 billing periods, the fee is $35. However, the returned payment
fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is
returned.
$38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges made
in a foreign currency in Part 2.

Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.

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FDR 996656

Cardmember Agreement: Part 2 of 2

Doc 27313

How Your American Express Account Works

Introduction

About your Cardmember
Agreement

Changing the Agreement

Words we use in the Agreement

About using your card

Using the card

This document together with Part 1 make up
the Cardmember Agreement (Agreement) for
the Account identified on page 1 of Part 1. Any
supplements or amendments are also part

We may change this Agreement, subject to
applicable law. We may do this in response to the
business, legal or competitive environment.

We, us, and our mean the issuer shown on page
1 of Part 1. You and your mean the person who
applied for this Account and for whom we opened
the Account. You and your also mean anyone
who agrees to pay for this Account. You are the
Basic Cardmember. You may request a card for
an Additional Cardmember (see About Additional
Cardmembers below).

of the Agreement. When you use the Account (or
you sign or keep the card), you agree to the terms
of the Agreement.

Changes to some terms may require 45 days
advance notice, and we will tell you in the notice if
you have the right to reject a change. We cannot
change certain terms during the first year of your
Cardmembership.
Card means any card or other device that we issue
to access your Account. A charge is any amount
added to your Account, such as purchases and
fees. A purchase is a charge for goods or services.
To pay by a certain date means to send your
payment so that we receive it and credit it to your
Account by that date (see About your payments
below).

You may use the card to make purchases. You
may also use the card at an ATM to get cash from
a checking account you designate.

We decide whether to approve a charge based on
how you spend and pay on this Account and other
accounts you have with us and our affiliates. We
also consider your credit history and your personal
resources that we know about.

You may arrange for certain merchants to charge
your Account at regular intervals.We may (but are
not required to) tell these merchants about your
Account. status or changes to your card number
or expiration date. You must notify the merchants
directly if you want them to stop charging your
Account.

Keep your card safe and don't let anyone else use
it. If your card is lost or stolen or your Account is
being used without your permission, contact us
right away. You may not use your Account for illegal
activities.

Promise to pay

You promise to pay all charges, including:

Declined transactions

About Additional Cardmembers

● charges you make, even if you do not present your card or sign for the transaction,
● charges that other people make if you let them use your Account,
● charges that Additional Cardmembers make or permit others to make, and
● any amounts guaranteed by the use of the card.

We may decline to authorize a charge. Reasons
we may do this include suspected fraud and our
assessment of your creditworthiness. This may
occur even if your Account is not in default.

We are not responsible for any losses you incur
if we do not authorize a charge. And we are not
responsible if any merchant refuses to accept the
card.

At your request, we may issue cards to Additional
Cardmembers. They do not have accounts with us
but they can use your Account subject to the terms
of this Agreement. We may report an Additional
Cardmember's use of your Account to credit
reporting agencies.

You are responsible for all use of your Account by
Additional Cardmembers and anyone they allow to
use your Account. You must pay for all charges

they make you authorize us to give Additional
Cardmembers information about your Account and
to discuss it with them.

If you want to cancel an Additional Cardmember's
right to use your Account (and cancel their card)
you must tell us.

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About your payments

When you must pay

How to make payments

Payment of the New Balance is due upon receipt of
your statement. Each statement states the time and
manner by which you must make your payment for
it to be credited as of the same day it is received.

Make payments to us in U.S. dollars with:
● a single check drawn on a U.S. bank, or
● a single negotiable instrument clearable through
the U.S. banking system, for example a money
order, or

● an electronic payment that can be cleared

through the U.S. banking system.

When making a payment by mail:
● make a separate payment for each Account,
● mail your payment to the address shown on the
payment coupon on the billing statement, and

● write the Account number on your check or

negotiable instrument and include the payment
coupon.

If your payment meets the above requirements, we
will credit it to the Account as of the day we receive
it, as long as we receive it by the time disclosed in

Each statement also shows a Closing Date. The
Closing Date is the last day of the billing period
covered by the statement. Each Closing Date
is about 30 days after the previous statement's
Closing Date.

your billing statement. If we receive it after that
time, we will credit the payment on the day after
we receive it

If your payment does not meet the above
requirements, there may be a delay in crediting
the Account. This may result in late fees and
additional interest charges (see How Fees Work
on page 2 of Part 1).

If we decide to accept a payment made in a
foreign currency, we will choose a rate to convert
your payment into U.S. dollars, unless the law
requires us to use a particular rate.

If we process a late payment, a partial payment,
or a payment marked with any restrictive
language, that will have no effect on our rights
and will not change this Agreement.

How we apply payments and credits

Subject to applicable law, we will apply payments and credits among charges in any order we choose.

Other important information

Converting charges made in a
foreign currency

Changing your billing address

If you make a charge in a foreign currency, we
will convert it into U.S. dollars on the date we or
our agents process it. Unless a particular rate is
required by law, we will choose a conversion rate
that is acceptable to us for that date. The rate
we use is no more than the highest official rate
published by a government agency or the

highest interbank rate we identify from customary
banking sources on the conversion date or the
prior business day. This rate may differ from rates
that are in effect on the date of your charge. We
will bill charges converted by establishments
(such as airlines) at the rates they use.

You must notify us immediately if you change the:
● mailing address to which we send billing

If you have more than one account, you need to
notify us separately for each account.

statements; or

● e-mail address to which we send notice that your

billing statement is available online.

We may update your billing address if we receive
information that it has changed or is incorrect.

Closing your Account

You may close your Account by calling us or writing to us.

Cancelling or suspending your
Account

About default

We may:
● cancel your Account,
● suspend the ability to make charges,
● cancel or suspend any feature on your Account,

and

● notify merchants that your Account has been

cancelled or suspended.

If we do any of these, you must still pay us for all
charges under the terms of this Agreement.

We may consider your Account to be in default if:
● you violate a provision of this Agreement,
● you give us false information,
● you file for bankruptcy,
● you default under another agreement you have

with us or an affiliate,

● you become incapacitated or die, or
● we believe you are unable or unwilling to pay

your debts when due.

We may do any of these things at our discretion,
even if you pay on time and your Account is not in
default.

If your Account is cancelled, you must destroy
your cards.

We may agree to reinstate your Account after a
cancellation. If we do this, we may:

● reinstate any additional cards issued on your

Account,

● charge you any applicable annual fees, and
● charge you a fee for reinstating the Account.

If we consider your Account in default, we may:
● suspend your ability to make charges,and
● cancel or suspend any feature on your

Account,

Collection costs

You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe

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Credit reports

Sending you notices

You agree that we may obtain credit reports about
you (and, subject to applicable law, any Additional
Cardmembers), investigate your and any Additional
Cardmembers' ability to pay, and obtain information
about you and any Additional Cardmembers from
other sources. And you agree that we may use such
information for any purposes, subject to applicable
law.

You agree that we may give information about the
Account to credit reporting agencies.

We may tell a credit reporting agency if you fail to
comply with any term of this Agreement. This may
have a negative impact on your credit record.

If you believe information we have given to a
credit reporting agency is incorrect, write to us
at: American Express Credit Bureau Unit, P.O.
Box 981537, El Paso, TX 79998-1537. When you
write to us, tell us the specific information you
believe is incorrect.

We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing
address on our records. Any notice that we send you this way is deemed to be given when deposited in
the U.S. mail.

We may contact you

Servicing and collections

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and
our affiliates, agents and contractors) to contact you at any number you provide, from which you call us,
or at which we believe we can reach you. We may contact you in any way, such as calling or texting. We
may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile,
wireless or similar device, even if you are charged for it.
Call monitoring

We may monitor and record any calls between you and us.

We or our affiliates may tell you about insurance
and non-insurance products, services or features
that may have a fee. One of our affiliates may
act on behalf of a provider of these products.
The affiliate may be compensated for this. The
insurance products are not offered or sold by us
or on our behalf. Our affiliates may get additional
compensation when Amex Assurance Company or
another affiliate is the insurer

When you pay us by check, you authorize us to
electronically deduct the amount from your bank or
other asset account.

We may process the check electronically by
transmitting to your financial institution:
● the amount,
● the routing number,
● the account number, and
● the check serial number.

or reinsurer. Compensation may influence what
products and providers we or our affiliates tell you
about.

We may share information about you with our
affiliates so they can identify products that may
interest you. We may be compensated for this
information.

If we do this, your payment may be deducted from
your bank or other asset account on the same
day we receive your check. Also, you will not
receive that cancelled check with your bank or
asset account billing statement.

If we cannot collect the funds electronically, we
may issue a draft against your bank or other asset
account for the amount of the check.

Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make
charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any
time. Also, we may deactivate ExpressPay at any time.

Some federal agencies may accept the card under authority of statute. When you make charges at these
agencies, we collect certain charge information. That information may be put to routine uses, such as
processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use.
Other routine uses by agencies may be published in the Federal Register.

We have the right to add, modify or delete any benefit or service of your Account at our discretion.

We may sell, transfer or assign this Agreement and your Account. We may do so at any time without
notifying you. You may not sell, assign or transfer your Account or any of your obligations under this
Agreement.

If you dispute a charge with a merchant, we may
credit the Account for all or part of the disputed
charge. If we do so, you assign and transfer to us
all rights and claims (excluding tort claims) against
the merchant.

You agree that you will not pursue any claim
against the merchant for the credited amount.
And you must cooperate with us if we decide to
do so.

We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not
waive our rights to exercise or enforce them on any other occasion.

New York law and federal law govern this
Agreement and your Account. They govern without
regard to internal principles of conflicts of law.

We are located in New York. We hold your
Account in New York. We entered into this
Agreement with you in New York.

About insurance products

How we handle electronic debits
from your checking account

ExpressPay

Privacy Act of 1974 notice

Change the benefits

Assigning the Agreement

Assigning claims

We do not waive our rights

Governing law

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Arbitration

This Arbitration provision sets forth the
circumstances and procedures under which claims
may be arbitrated instead of litigated in court.
Definitions
As used in this Arbitration provision, the term claim
means any claim, dispute or controversy between
you and us arising from or relating to your
Account, this Agreement, the Electronic Funds
Transfer Services Agreement, and any other
related or prior agreement that you may have had
with us, or the relationships resulting from any
of the above agreements, except for the validity,
enforceability or scope of this Arbitration provision.
For purposes of this Arbitration provision, you
and us also includes any corporate parent, or
wholly or majority owned subsidiaries, affiliates,
any licensees, predecessors, successors, assigns,
any purchaser of any accounts, all agents,
employees, directors and representatives of any
of the foregoing, and other persons referred to
below in the definition of claims. Claim includes
claims of every kind and nature, including but not
limited to, initial claims, counterclaims, crossclaims
and third-party claims and claims based upon
contract, tort, fraud and other intentional, torts,
statutes, regulations, common law and equity.
Claim also includes claims by or against any third
party using or providing any product, service or
benefit in connection with any account (including,
but not limited to, credit bureaus, third parties who
accept the card, third parties who use, provide or
participate in fee-based or free benefit programs,
enrollment services and rewards programs,
credit insurance companies, debt collectors
and all of their agents, employees, directors
and representatives) if and only if, such third
party is a party in connection with the claim. The
term claim is to be given the broadest possible
meaning that will be enforced and includes, by
way of example and without limitation, any claim,
dispute or controversy that arises from or relates
to (a) any of the accounts created under any of
the agreements, or any balances on any such
accounts, (b) advertisements, promotions or
oral or written statements related to any such
accounts, goods or services financed under any
of the accounts or the terms of financing, (c) the
benefits and services related to Cardmembership
(including fee-based or free benefit programs,
enrollment services and rewards programs), and
(d) your application for any account. We shall
not elect to use arbitration under this Arbitration
provision for any claim that you properly file and
pursue in a small claims court of your state or
municipality so long as the claim is individual and
pending only in that court.
Initiation of Arbitration
Any claim shall be resolved, upon the election
by you or us, by arbitration pursuant to this
Arbitration provision and the code of procedures
of the arbitration organization to which the claim
is referred in effect at the time the claim is filed
(code), except to the extent the code conflicts with
this Agreement. Claims shall be referred to either
JAMS or the American Arbitration Association
(AAA), as selected by the party electing to use
arbitration. If our selection of either of these

organizations is unacceptable to you, you may
select the other organization within 30 days
after you receive notice of our selection. For
a copy of the code, to file a claim or for other
information, contact either JAMS (1920 Main
St #300, Irvine, CA 92614 or jamsadr.com) or
AAA (335 Madison Ave, New York, NY 10017
or adr.org).

In addition to the organizations listed above,
claims may be referred to any other arbitration
organization that is mutually agreed upon
in writing by you and us, or to an arbitration
organization or arbitrator(s) appointed pursuant
to § 5 of the Federal Arbitration Act, 9 U.S.C.
§§ 1-16, as it may be amended (FAA), provided
that any such organization and arbitrator(s)
will enforce the terms of the Restrictions on
Arbitration subsection set forth below.
Significance of Arbitration
IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, NEITHER
YOU NOR WE WILL HAVE THE RIGHT TO
LITIGATE THAT CLAIM IN COURT OR HAVE
A JURY TRIAL ON THAT CLAIM. FURTHER,
YOU AND WE WILL NOT HAVE THE RIGHT
TO PARTICIPATE IN A REPRESENTATIVE
CAPACITY OR AS A MEMBER OF ANY
CLASS OF CLAIMANTS PERTAINING TO
ANY CLAIM SUBJECT TO ARBITRATION.
EXCEPT AS SET FORTH BELOW, THE
ARBITRATOR'S DECISION WILL BE FINAL
AND BINDING. NOTE THAT OTHER RIGHTS
THAT YOU OR WE WOULD HAVE IF YOU
WENT TO COURT ALSO MAY NOT BE
AVAILABLE IN ARBITRATION.
Restrictions on Arbitration
IF EITHER PARTY ELECTS TO RESOLVE
A CLAIM BY ARBITRATION, THAT CLAIM
SHALL BE ARBITRATED ON AN INDIVIDUAL
BASIS. THERE SHALL BE NO RIGHT
OR AUTHORITY FOR ANY CLAIMS TO
BE ARBITRATED ON A CLASS ACTION
BASIS OR ON BASES INVOLVING
CLAIMS BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC, OTHER
CARDMEMBERS OR OTHER PERSONS
SIMILARLY SITUATED. The arbitrator's
authority to resolve claims is limited to claims
between you and us alone, and the arbitrator's
authority to make awards is limited to awards to
you and us alone. Furthermore, claims brought
by you against us, or by us against you, may
not be joined or consolidated in arbitration
with claims brought by or against someone
other than you, unless agreed to in writing by
all parties. No arbitration award or decision
will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a
named party to the arbitration. Not withstanding
any other provision of this Agreement (including
but not limited to the Continuation subsection
below) and without waiving either party's right
to appeal such decision, should any portion
of this Restrictions on Arbitration subsection
be deemed invalid or unenforceable, then the
entire Arbitration provision (other than this
sentence) shall not apply.

Arbitration Procedures
This Arbitration provision is made pursuant to
transactions involving interstate commerce and
shall be governed by the FAA. The arbitration
shall be governed by the applicable code,
except that this Agreement shall apply if there
are any conflicts. The arbitrator shall apply
applicable substantive law consistent with the
FAA and applicable statutes of limitations, shall
honor claims of privilege recognized at law,
and, at the timely request of either party, shall
provide a brief written explanation of the basis
for the decision. The arbitration proceeding
shall not be governed by any federal or state
rules of civil procedure or rules of evidence.
Any party may request that the arbitrator
expand the scope of discovery by doing so in
writing and copying any other parties, who shall
have 15 days to make objections. The arbitrator
will notify the parties of his/her decision within
20 days of any objecting party's submission.
The arbitrator shall take reasonable steps to
preserve privacy. The arbitrator's award shall
be final and binding, except for any right of
appeal provided by the FAA; however, either
party shall have 30 days to appeal that decision
by notifying the arbitration organization and
any other parties in writing. The organization
will then appoint a three-arbitrator panel which
shall consider anew any aspect of the decision
objected to by the appealing party. The panel
shall issue its decision, by majority vote, within
120 days of the appealing party's written notice.
Judgment upon any award rendered by the
arbitrator or panel may be entered in any court
having jurisdiction.
Location of Arbitration
Arbitration hearings you attend shall take place
in the federal judicial district of your residence.
Payment of Fees
You will be responsible for paying your share,
if any, of the arbitration fees (including filing,
administrative, hearing and/or other fees),
but only up to the amount of the filing fees
you would have incurred if you had brought
a claim in the state or federal court closest
to your billing address that would have had
jurisdiction. We will be responsible for any
additional arbitration fees. At your written
request, we will consider in good faith making a
temporary advance of all or part of your share
of any arbitration fees. You will not be assessed
any arbitration fees in excess of your share if
you do not prevail in any arbitration with us.
Continuation
This Arbitration provision shall survive
termination of your Account; voluntary payment
of the Account balance in full by you; any legal
proceeding by you or us to collect a debt owed
by the other; any bankruptcy by you or us; and
any sale by us of your Account (in the case
of a sale, its terms shall apply to the buyer of
your Account). If any portion of this Arbitration
provision, except as otherwise provided in
the Restrictions on Arbitration subsection,
is deemed invalid or unenforceable, it shall
not invalidate the remaining portions of this
provision.

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