Cardmember Agreement: Part 1 of 2 

As of: 06/30/2022 

American Express  Gold Card 
Issuer: American Express Travel Related Services Company, Inc. 

®

Fees Table 
Fees 
Annual Membership Fee 
Transaction Fees 
●  Foreign Transaction 
Penalty Fees 
●  Late Payment 
●  Returned Payment 

$300 

2.7% of each transaction after conversion to US dollars. 

Up to $40. 
Up to $40. 

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How Fees Work 
Fees 
Annual Membership 

Late Payment 

Returned Payment 

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 $40. If you do not pay the Amount Due on a billing statement by the Payment Due Date, 
the fee is $29. If this happens again within the next 6 consecutive billing periods, the fee is $40 
instead. However, the late fee will not exceed the Amount Due. 

Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, 
the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the 
fee is $40. However, the returned payment fee will not exceed the Amount Due. 

Returned Check 

Foreign Transaction 

$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 1122733 

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 your card 

Eligibility 

Changing residence 

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. 
This written Agreement is a final expression of the 
agreement governing the Account. The written 
Agreement may not be contradicted by any alleged 
oral agreement. 
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). 

Eligibility for an Account is limited to residents of: Anguilla, Antigua and Barbuda, Argentina, Aruba, 
Bahamas, Barbados, Bermuda, Bonaire, British Virgin Islands, Tortola, Cayman Islands, Curacao, 
Dominica, Dominican Republic, Grenada, Guadeloupe, Guyana, Haiti, Jamaica, Martinique, Montserrat, 
Netherlands Antilles, Saba, Saint Barthélemy, Saint Croix, Saint Kitts & Nevis, Saint Lucia, Saint Martin, 
Saint Vincent & the Grenadines, Sint Maarten, Sint Eustatius, Trinidad & Tobago, Turks & Caicos, Belize, 
Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Bolivia, Brazil, Chile, 
Colombia, Ecuador, Paraguay, Peru, Suriname, Uruguay, Venezuela, Spain, Switzerland. 

You must notify us immediately if you change your country of residence. 
We may cancel your Account if we determine that you are no longer eligible for an Account based on a 
change in your country of residence. 

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 and third 
parties to store your card number and expiration 
date, so that, for example: 
●  the merchant may charge your account at 

●  you may make charges using that stored card 

regular intervals; or 

information. 

We may (but are not required to) tell these 
merchants and third parties if your expiration date 
or card number changes or if your account status 
is updated, including if your account is cancelled. If 
you do not want us to share your updated account 
information, please contact us using the number on 
the back of your card. 

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 

Declined transactions 

You promise to pay all charges, including: 
●  charges you make, even if you do not present your card or sign for the transaction, 
●  charges that other people make if you let them use your Account, 
●  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. 

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About Additional Cardmembers 

About your payments 

When you must pay 

How to make payments 

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. 
If an Annual Membership fee applies for an 
Additional Card, please refer to the refund policy 
disclosed in the Closing your Account sub-section 
of your Cardmember Agreement. If a single 
Annual Membership fee applies for a group of 
Additional Cards on your Account, this policy 
will apply when you cancel the Additional Card 
on which the fee was assessed. If an Annual 
Membership fee applies to Additional Cards on 
your Account, it is shown on page 2 of Part 1 of 
the Cardmember Agreement. 

You must pay no later than the Payment Due Date 
to avoid a late payment fee. Each statement also 
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. 

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. 

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 

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 (see 
How Fees Work on page 2 of Part 1). 
We will not accept a payment made in a foreign 
currency or a payment drawn on an account at a 
bank located outside of the U.S. 
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 

Closing your Account 

Cancelling or suspending your 
Account 

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 
●  e-mail address to which we send notice that your  We may update your billing address if we receive 

If you have more than one account, you need to 
notify us separately for each account. 

statements; or 

information that it has changed or is incorrect. 

billing statement is available online. 

You may close your Account by calling us or writing to us. 
If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily 
closing your Account within 30 days of the Closing Date of the billing statement on which that fee 
appears. For cancellations after this 30 day period, the Annual Membership fee is non-refundable. If 
an Annual Membership fee applies to your Account, it is shown on page 1 and page 2 of Part 1 of the 
Cardmember Agreement. 
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. 

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 do any of these, you must still pay us for all 
charges under the terms of this Agreement. 

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About default 

Collection costs 

Credit reports 

Sending you notices 

We may contact you 

About insurance products 

How we handle electronic debits 
from your checking account 

Privacy Act of 1974 notice 

Change the benefits 

Assigning the Agreement 

Assigning claims 

We do not waive our rights 

Governing law 

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. 

If we consider your Account in default, we may: 
●  suspend your ability to make charges,and 
●  cancel or suspend any feature on your 

Account. 

You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you 
owe. 
You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain 
information about you from other sources including information to verify and re-verify your employment 
and income. And you agree that we will use such information for any purposes (for example, marketing to 
you or evaluating you for a new account), subject to applicable law. 
You agree that we will give information about the Account to credit reporting agencies. We will tell a credit 
reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact 
on your credit report. 
If you believe information we have given to a credit reporting agency is incorrect, write to us at: American 
Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the 
specific information you believe is incorrect. 
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. 
Servicing and Collections
If we need to contact you to service your account or to collect amounts you owe, you authorize us (and 
our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact 
you at any phone number or email address you provide, from which you contact us, or at which we 
believe we can reach you. We may contact you in any way, such as calling, texting, emailing, sending 
mobile application push notifications or using any other method of communication permitted by law. We 
may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, 
wireless or similar device, even if you are charged for it. 
Call monitoring 
We may monitor and record any calls between you and us. 
We or our affiliates may tell you about insurance and non-insurance products, services or features that 
may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may 
be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our 
affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the 
insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you 
about. 
We may share information about you with our affiliates so they can identify products that may interest 
you. We may be compensated for this information. 
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. 
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. 
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. 

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. 

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 are located in New York. We hold your 
Account in New York. We entered into this 
Agreement with you in New York. 

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Claims Resolution 
Most customer concerns can be resolved by 
calling our Customer Service Department at the 
number listed on the back of your card. In the 
event Customer Service is unable to resolve 
a complaint to your satisfaction, this section 
explains how claims can be resolved through 
mediation, arbitration or litigation. It includes 
an arbitration provision. You may reject the 
arbitration provision by sending us written 
notice within 45 days after your first card 
purchase. See Your Right to Reject Arbitration 
below. 
For this section, you and us includes any 
corporate parents, subsidiaries, affiliates or 
related persons or entities. Claim means any 
current or future claim, dispute or controversy 
relating to your Account(s), this Agreement, or 
any agreement or relationship you have or had 
with us, except for the validity, enforceability 
or scope of the Arbitration provision. Claim 
includes but is not limited to: (1) initial claims, 
counterclaims, crossclaims and third-party claims; 
(2) claims based upon contract, tort, fraud, 
statute, regulation, common law and equity; 
(3) claims by or against any third party using 
or providing any product, service or benefit in 
connection with any account; and (4) claims that 
arise from or relate to (a) any account created 
under any of the agreements, or any balances on 
any such account, (b) advertisements, promotions 
or statements related to any accounts, goods or 
services financed under any accounts or terms 
of financing, (c) benefits and services related 
to card membership (including fee-based or 
free benefit programs, enrollment services and 
rewards programs) and (d) your application for 
any account. You may not sell, assign or transfer 
a claim. 
Sending a Claim Notice 
Before beginning a lawsuit, mediation or 
arbitration, you and we agree to send a written 
notice (a claim notice) to each party against 
whom a claim is asserted, in order to provide 
an opportunity to resolve the claim informally or 
through mediation. Go to americanexpress.com/ 
claim for a sample claim notice. The claim notice 
must describe the claim and state the specific 
relief demanded. Notice to you may be provided 
by your billing statement or sent to your billing 
address. Notice to us must include your name, 
address and Account number and be sent to 
American Express ADR c/o CT Corporation 
System, 28 Liberty Street, New York, New York 
10005. If the claim proceeds to arbitration, the 
amount of any relief demanded in a claim notice 
will not be disclosed to the arbitrator until after the 
arbitrator rules. 
Mediation 
In mediation, a neutral mediator helps parties 
resolve a claim. The mediator does not decide the 
claim but helps parties reach agreement. 
Before beginning mediation, you or we must 
first send a claim notice. Within 30 days after 
sending or receiving a claim notice, you or we 
may submit the claim to JAMS (1-800-352-5267, 
jamsadr.com) or the American Arbitration 
Association ("AAA") (1-800-778-7879, adr.org) for 
mediation. We will pay the fees of the mediator. 
All mediation-related communications are 
confidential, inadmissible in court and not subject 
to discovery. 

All applicable statutes of limitation will be tolled 
from the date you or we send the claim notice 
until termination of the mediation. Either you or 
we may terminate the mediation at any time. 
The submission or failure to submit a claim to 
mediation will not affect your or our right to elect 
arbitration. 
Arbitration 
You or we may elect to resolve any claim by 
individual arbitration. Claims are decided by a 
neutral arbitrator. 
If arbitration is chosen by any party, 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 
pertaining to any claim subject to arbitration. 
Arbitration procedures are generally simpler 
than the rules that apply in court, and 
discovery is more limited. The arbitrator's 
authority is limited to claims between you 
and us alone. Claims may not be joined 
or consolidated unless you and we agree 
in writing. An arbitration award and any 
judgment confirming it will apply only to 
the specific case and cannot be used in any 
other case except to enforce the award. The 
arbitrator's decisions are as enforceable 
as any court order and are subject to very 
limited review by a court. Except as set forth 
below, the arbitrator's decision will be final 
and binding. Other rights you or we would 
have in court may also not be available in 
arbitration. 

Initiating Arbitration 
Before beginning arbitration, you or we must first 
send a claim notice. Claims will be referred to 
either JAMS or AAA, as selected by the party 
electing arbitration. Claims will be resolved 
pursuant to this Arbitration provision and the 
selected organization's rules in effect when 
the claim is filed, except where those rules 
conflict with this Agreement. If we choose the 
organization, you may select the other within 
30 days after receiving notice of our selection. 
Contact JAMS or AAA to begin an arbitration 
or for other information. Claims also may be 
referred to another arbitration organization if 
you and we agree in writing or to an arbitrator 
appointed pursuant to section 5 of the Federal 
Arbitration Act, 9 U.S.C. §§ 1-16 (FAA). 
We will not elect arbitration for any claim you 
file in small claims court, so long as the claim is 
individual and pending only in that court. You or 
we may otherwise elect to arbitrate any claim 
at any time unless it has been filed in court 
and trial has begun or final judgment has been 
entered. Either you or we may delay enforcing 
or not exercise rights under this Arbitration 
provision, including the right to arbitrate a claim, 
without waiving the right to exercise or enforce 
those rights. 
Limitations on Arbitration 
If either party elects to resolve a claim by 
arbitration, that claim will be arbitrated on 
an individual basis. There will 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. 
Notwithstanding any other provision and 
without waiving the right to appeal such 
decision, if any portion of these Limitations on 
Arbitration is deemed invalid or unenforceable, 
then the entire Arbitration provision (other than 
this sentence) will not apply. 
Arbitration Procedures 
This Arbitration provision is governed by 
the FAA. The arbitrator will apply applicable 
substantive law, statutes of limitations and 
privileges. The arbitrator will not apply any 
federal or state rules of civil procedure or 
evidence in matters relating to evidence 
or discovery. Subject to the Limitations on 
Arbitration, the arbitrator may otherwise award 
any relief available in court. You and we agree 
that the arbitration will be confidential. You 
and we agree that we will not disclose the 
content of the arbitration proceeding or its 
outcome to anyone, but you or we may notify 
any government authority of the claim as 
permitted or required by law. 
If your claim is for $10,000 or less, you 
may choose whether the arbitration will be 
conducted solely on the basis of documents, 
through a telephonic hearing, or by an in-
person hearing. At any party's request, the 
arbitrator will provide a brief written explanation 
of the award. The arbitrator's award will be 
final and binding, subject to each party's right 
to appeal as stated in this section and/or 
to challenge or appeal an arbitration award 
pursuant to the FAA. To initiate an appeal, a 
party must notify the arbitration organization 
and all parties in writing within 35 days 
after the arbitrator's award is issued. The 
arbitration organization will appoint a three-
arbitrator panel to decide anew, by majority 
vote based on written submissions, any aspect 
of the decision objected to. The appeal will 
otherwise proceed pursuant to the arbitration 
organization's appellate rules. Judgment 
upon any award may be entered in any court 
having jurisdiction. At your election, arbitration 
hearings will take place in the federal judicial 
district of your residence. 
Arbitration Fees and Costs 
You will be responsible for paying your share 
of any arbitration fees (including filing, 
administrative, hearing or other fees), but only 
up to the amount of the filing fees you would 
have incurred if you had brought a claim in 
court. We will be responsible for any additional 
arbitration fees. At your written request, we 
will consider in good faith making a temporary 
advance of your share of any arbitration fees, 
or paying for the reasonable fees of an expert 
appointed by the arbitrator for good cause. 
Additional Arbitration Awards 
If the arbitrator rules in your favor for an 
amount greater than any final offer we made 
before the final hearing in arbitration, the 
arbitrator's award will include: (1) any money to 
which you are entitled, but in no case less than 
$5,000; and (2) any reasonable attorneys' fees, 
costs and expert and other witness fees. 
Your Right to Reject Arbitration 
You may reject this Arbitration provision by 

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sending a written rejection notice to us at: 
American Express, P.O. Box 981556, El Paso, 
TX 79998. Go to americanexpress.com/reject 
for a sample rejection notice. Your rejection 
notice must be mailed within 45 days after your 
first card purchase. Your rejection notice must 
state that you reject the Arbitration provision and 
include your name, address, Account number 
and personal signature. No one else may sign 
the rejection notice. If your rejection notice 
complies with these requirements, this Arbitration 
provision and any other arbitration provisions 
in the cardmember agreements for any other 
currently open American Express accounts you 
have will not apply to you, except for 

Corporate Card accounts and any claims subject 
to pending litigation or arbitration at the time 
you send your rejection notice. Rejection of 
this Arbitration provision will not affect your 
other rights or responsibilities under this Claims 
Resolution section or the Agreement. Rejecting 
this Arbitration provision will not affect your 
ability to use your card or any other benefit, 
product or service you may have with your 
Account. 
Continuation 
This section will survive termination of your 
Account, voluntary payment of your Account 
balance, any legal proceeding to collect a debt, 
any bankruptcy and any sale of your Account (in 

the case of a sale, its terms will apply to 
the buyer of your Account). If any portion 
of this Claims Resolution section, except 
as otherwise provided in the Limitations on 
Arbitration subsection, is deemed invalid 
or unenforceable, it will not invalidate the 
remaining portions of this Claims Resolution 
section. 

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