Morgan Stanley Platinum Card 
Issuer: American Express National Bank 

Cardmember Agreement: Part 1 of 2 

As of: 06/30/2022 

Rates and Fees Table 
Interest Rates 
Annual Percentage Rate 
(APR) for Pay Over Time 
Feature 
APR for Cash Advances 

Penalty APR and When it 
Applies 

Prime Rate + 12.74% to Prime Rate + 19.74% 

This is a variable APR. See Explanation of Variable Rates below. 

Prime Rate + 21.99% 

This is a variable APR. See Explanation of Variable Rates below. 

Prime Rate + 26.74% 

This is a variable APR. See Explanation of Variable Rates below. 
This APR will apply to your Account if you: 
1) make one or more late payments; or 
2) make a payment that is returned by your bank. 

We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to the Pay Over Time balance(s) on your Account. 

How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed. 

Your due date is at least 25 days after the close of each billing period. We will not charge
you interest on charges automatically added to a Pay Over Time balance if each month
you pay your Account Total New Balance on your billing statement (or, if you have a Plan
balance, your Adjusted Balance on your billing statement) by the due date. If you have
Cash Advance on your Account, we will begin charging interest on cash advances on the
transaction date. 
If you are enrolled in Pay Over Time Select: we will begin charging interest on purchases
added to a Pay Over Time Select balance at your request on the date that they are added to
your Pay Over Time Select balance. 
For purchase amounts in a Pay Over Time balance: A monthly fee up to 1.33% of each 
purchase amount moved into a plan based on the plan duration, the APR that would
otherwise apply to the purchase amount, and other factors. For purchase amounts in a Pay
In Full balance: A monthly fee up to 1.33% of each purchase amount moved into a plan
based on the plan duration, the APR that applies to the Pay Over Time feature at the time
you create the plan, and other factors. 
To learn more about factors to consider when applying for or using a credit card, visit 
the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore.

$695 

Either $10 or 5% of the amount of each cash advance, whichever is greater. 
None. 

Up to $40 
Up to $40 

Paying Interest 

Plan Fee (Fixed Finance 
Charge) 

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 
 Fees 
Annual Membership Fee 
Transaction Fees 
●  Cash Advance 
●  Foreign Transaction 
Penalty Fees 
●  Late Payment 
●  Returned Payment 

How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we 

calculate interest section in Part 2. 

Explanation of Variable Rates: If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.
In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate
changes, the resulting changes to variable APRs take effect as of the first day of the billing period. The Daily Periodic
Rate (DPR) is 1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. The variable
penalty APR will not exceed 29.99%. 

CMAEUAOT0000001 

Page 1 of 3 

 
How Rates and Fees Work 
Rates for Pay Over Time and/or Cash Advance balance(s) 
Penalty APR for new 
transactions 

The penalty APR may apply to new 
transactions if: 

•  you do not pay at least the Minimum

Payment Due by the Payment Due Date 
on one or more occasions; or 

•  your payment is returned by your bank. 

We may also consider your creditworthiness 
in determining whether or not to apply the 
penalty APR to the Pay Over Time 
balance(s) on your Account. 

If  the  penalty  APR  applies  to  a  balance,  it  will 
apply  to  charges  added  to  that  balance  15  or 
more days after we send you notice.

We will review your Account every 6 months 
after the penalty APR is applied. The penalty 
APR will continue to apply until you have made 
timely payments with no returned payments 
during the 6 months being reviewed. 

Fees 

Annual Membership 

Plan Fee 

Late Payment 

Returned Payment 

Returned Check 

Account Re-opening 

Cash Advance 

Foreign Transaction 

This fee is on the Rates and Fees Table on page 1 of Part 1. We will not charge for 1 additional Platinum 
Card, we will  charge $175 for up to 3 more after the 1st additional Platinum Card, then we will  charge $175 
for each additional Platinum Card after the 4th card, and $0 for additional Gold Cards. 
For purchase amounts in a Pay Over Time balance: Up to 1.33% of each purchase amount moved into a 
plan based on the plan duration, the APR that would otherwise apply to the purchase amount, and other 
factors. For purchase amounts in a Pay In Full balance: Up to 1.33% of each purchase amount moved 
into a plan based on the plan duration, the APR that applies to the Pay Over Time feature at the time you 
create the plan, and other factors. This fee is a fixed finance charge that will be charged each month that 
a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan. For more 
information, see About the Plan It feature in Part 2. 
Up to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the 
Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is 
$40. However, the late fee will not exceed the Amount Due (or Minimum Payment Due, if 
applicable). Paying late may also result in a penalty APR for new transactions in a Pay Over 
Time balance. See Penalty APR for new transactions above. 
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 (or Minimum Payment Due, if 
applicable). A returned payment may also result in a penalty APR for new transactions in a Pay Over 
Time balance. See Penalty APR for new transactions above. 
$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. 
$25 if your Account is cancelled, you ask us to re-open it, and we do so. 

5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash 
advance, with a minimum of $10. We will add this fee to the Cash Advance balance. 
None 

How Pay Over Time Works 

About the Pay Over Time 
feature 

See More About Pay Over 
Time  in Part 2 of this 
Agreement for important 
additional information about 
the Pay Over Time feature. 

• We may offer you Pay Over Time, which allows you to pay eligible charges over time, with interest. Pay
Over Time has two settings: on and off. When on, we will automatically add new eligible charges to your
Pay Over Time balance. When off, no new charges will be automatically added to your Pay Over Time
balance. You can change your setting at any time, but your setting at 8 p.m. EST will determine whether a
charge made that day is automatically added to your Pay Over Time balance. To view or change your Pay
Over Time setting, visit your online account or call the number on the back of your Card. If you transfer to a
new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in
effect on your new Card.
• If you have the Pay Over Time Select feature on your Account: you can request to add eligible purchases
not already in a Pay Over Time balance from the current or preceding billing period to your Pay Over Time
Select balance. If we approve your request, we will add the purchase to your Pay Over Time Select
balance. If we decline your request, you must pay the purchase in full by the Payment Due Date.
• If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-
related purchases to your Pay Over Time Travel balance regardless of whether your Pay Over Time setting
is on or off. If you request to cancel your Pay Over Time Travel feature, you will not be able to
re-enroll. 

Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 

CMAEUFEEPAPR103 

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Supplement to the Cardmember Agreement 

How the Reward Program Works 

®

Program Eligibility 

Platinum Card  from American Express exclusively for Morgan Stanley 
The Platinum Card from American Express 
exclusively for Morgan Stanley is only available 
to you if you have an eligible account with 
Morgan Stanley Smith Barney LLC (Morgan 
Stanley). 
An eligible account is a brokerage account with 
Morgan Stanley (i) held in your name, (ii) held 
by a trust where you are both the grantor and 
trustee of such trust, or (iii) held as a beneficial 
owner of a personal holding company, a non-
operating limited liability company, a non-
operating limited partnership, or a similar legal 
entity. 

American Express will only issue the Platinum 
Card from American Express exclusively for 
Morgan Stanley to (1) an eligible Morgan 
Stanley client who is an individual; and (2) an 
individual associated with an eligible Morgan 
Stanley client (if the eligible Morgan Stanley 
client itself is not an individual). 
Eligibility is subject to change. American 
Express may cancel your Card Account and 
participation in this program if you do not 
maintain an eligible account. 

CMAEUPSP0000229 

Page 3 of 3 

FDR 1122726 

Cardmember Agreement: Part 2 of 2 

Doc 27303

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 

Promise to pay 

Pay Over Time Limit 

Limits on Cash Advances 

This document together with Part 1 make up the 
Cardmember Agreement (Agreement) for the Account  When you use the Account (or you sign or keep the
identified on page 1 of Part 1. Any supplements or 

amendments are also part of the Agreement. 

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 in Part 2). 
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, cash advances, 
fees and interest charges. A purchase is a charge for 
goods, services, or person-to-person transactions. 

You may use the card to make purchases. At 
our discretion, we may permit you to make cash 
advances. 
We decide whether to approve a charge, including 
cash advances subject to Limits on Cash Advances 
and person-to-person transactions subject to Limits 
on person-to-person transactions below, 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: 

card), you agree to the terms of the Agreement. 
We cannot increase the interest rate on existing 
balances except in limited circumstances. 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. 
A cash advance is a charge to get cash or cash 
equivalents, including travelers cheques, gift 
cheques, foreign currency, money orders, digital 
currency, casino gaming chips, race track wagers, 
and similar offline and online betting transactions. A 
person-to-person transaction is a charge for funds 
sent to another person or a charge to add funds to 
your Amex SendTM Account. A plan is a portion of 
your account balance that you have selected to pay 
through a set number of monthly payments using 
Plan It. 
To pay by a certain date means to send your payment 
so that we receive it and credit it to your Account by 
that date (see About your payments in Part 2). 

●  the merchant may charge your account at regular 

●  you may make charges using that stored card 

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. 

You promise to pay all charges, including: 
●  charges you make, even if you do not present your card or sign for the transaction, 
●  charges that other people make if you let them use your Account, and 
●  charges that Additional Cardmembers make or permit others to make. 
If you have Pay Over Time, we assign a Pay Over Time Limit to your Account. The Pay Over Time Limit 
applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance 
cannot exceed your Pay Over Time Limit. When there is a delay in posting cash advances or plans to your 
Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time 
Limit. We may approve or decline a charge regardless of whether your Card account balance exceeds or does 
not exceed your Pay Over Time Limit. If you have Pay Over Time on your Account, your Pay Over Time Limit 
is shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Pay Over Time 
Limit at any time, including when you change the Pay Over Time setting from off to on. We may do so even if 
you pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit. You 
must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, 
or Plan balance. 
Your Cash Advance balance may not exceed: 

®

Zync Card  $3,000 
Green Card $3,000 
Gold Card $6,000 

Platinum Card  $8,000 
®

®

Centurion  Card $10,000 
There may also be a limit on the amount of cash and 
number of times you can obtain cash from ATMs in a 
given period. 

Version 1122726 

Page 1 of 9 

You agree to manage your Account so that your Cash 
Advance balance (including fees and interest) is not 
more than the Limit on Cash Advances. 
For purposes of the Limits on Cash Advances, your 
Cash Advance balance will be determined by adding 
new cash advance transactions to the ending Cash 
Advance balance of the prior day. 
In addition, we may not approve a cash advance 
transaction if it would cause the total of your Pay Over 
Time and/or Cash Advance balance and Plan balance 
to go over your Pay Over Time Limit. 

 
Limits on person-to-person 
transaction 

Your person-to-person transactions may not exceed 
the following limits within any 30-day period: 

One from American Express  $2,000 

®

®

Zync Card  $2,000 
Green Card $2,000 
Gold Card $2,000 

Declined transactions 

More About Pay Over Time 

About the Plan It feature 

About your payments 

When you must pay 

Platinum Card  $4,000 
®

®

Centurion  Card $5,000 
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. 
With Pay Over Time, you have the option to pay 
eligible charges over time with interest (see When we 
charge interest in Part 2). You can choose to pay your 
Account Total New Balance in full each month, the 
Minimum Payment Due, or any amount in between 
(see When you must pay in Part 2). 
We automatically add eligible charges, including 
Annual Membership Fees, to your Pay Over Time 
balance if the Pay Over Time feature is on at 8 p.m. 
Eastern Time on the transaction date provided by 
the merchant or on the date when an eligible Annual 
Membership Fee is charged to your Account. The 
transaction date provided by the merchant may 
differ from the date you made the purchase if, for 
example, there is a delay in the merchant submitting 
the transaction to us or if the merchant uses the 
shipping date as the transaction date. 

We may offer you Plan It, which allows you to 
create a payment plan for qualifying purchases or a 
qualifying amount, subject to a plan fee. This fee is a 
fixed finance charge that will be charged each month 
that a plan is active. 
You may use this feature by selecting qualifying 
purchases or a qualifying amount and a plan duration. 
You will be able to view the monthly plan payments, 
including the plan fee, for your selection. Each plan 
fee will be disclosed before you create the applicable 
plan. If you create a plan for a purchase or an amount 
in your Pay Over Time balance, the purchase or 
amount will be moved to a plan balance and will be 
subject to a plan fee instead of the APR that would 
otherwise apply to the purchase amount. If you create 
a plan for a purchase or amount that is in your Pay In 
Full balance, the purchase or amount will be moved 
to a plan balance and will be subject to a plan fee 
based on the APR that applies to the Pay Over Time 
feature at the time you create the plan. 
A qualifying purchase for Plan It is a purchase of at 
least a specified dollar amount. A qualifying amount 
for Plan It is a specified portion of your balance. The 
following are not qualifying purchases or amounts: 
cash or cash equivalents, purchases subject to 
Foreign Transaction Fees, or any fees owed to us, 
including Annual Membership Fees. 

You must pay the Amount Due, or Minimum Payment 
Due, if applicable, no later than the Payment Due 
Date shown on your billing statement to avoid a 
late payment fee. Each billing 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. For your payment to be considered on time, 
we must receive it in such time and manner by the 
Payment Due Date shown on your billing statement. 

Version 1122726 

Page 2 of 9 

You agree to manage your Account so that the total 
of your person-to-person transactions in any 30-day 
period do not exceed the limit on person-to-person 
transactions. 
We may not approve a person-to-person transaction if 
it would cause your Account to exceed the applicable 
person-to-person transaction limit. 

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. 
Certain charges are not eligible for Pay Over Time, 
such as cash and similar transactions. We may 
change the charges that are eligible to be added 
to your Pay Over Time balance. We may suspend 
your Pay Over Time feature at any time based on 
our assessment of your creditworthiness, the status 
of your Account, and your enrollment in a payment 
program. In addition, if your Account is past due, you 
will not be able to change your Pay Over Time setting 
from off to on. 
The Pay Over Time Limit applies to the total of your 
Pay Over Time, Cash Advance, and Plan balances. 
Your Pay Over Time balance cannot exceed your Pay 
Over Time Limit. When there is a delay in posting 
cash advances or plans to your Account, the total 
of your Pay Over Time, Cash Advance, and Plan 
balances may exceed your Pay Over Time Limit. 
You must pay in full, by the Payment Due Date, all 
charges that are not added to a Pay Over Time, Cash 
Advance, or Plan balance. 
Your ability to create plans will be based on a variety 
of factors such as your creditworthiness and your Pay 
Over Time Limit. You may not be able to create a plan 
if it would cause you to exceed your Pay Over Time 
Limit. You will not be able to create plans if your Pay 
Over Time feature is suspended or your Account is 
cancelled. You will also not be able to create plans if 
one or more of your American Express accounts is 
enrolled in a payment program, has a payment that 
is returned unpaid, or is past due. We will tell you the 
number of active plans you may have, and we may 
change this number at any time. The plan durations 
offered to you, and your ability to include multiple 
qualifying purchases or a qualifying amount in a 
single plan, will be at our discretion and will be based 
on a variety of factors such as your creditworthiness, 
the purchase amount(s), and your Account history. 
Plans cannot be cancelled after they have been 
created, but you can choose to pay them early by 
paying the Account Total New Balance shown on your 
most recent billing statement in full. If you pay a plan 
off early, you will not incur any future plan fees on that 
plan. 

Each billing statement also shows a Closing Date. 
The Closing Date is the last day of the billing period 
covered by the billing statement. Each Closing Date 
is about 30 days after the previous billing statement's 
Closing Date.

How to make payments 

How we apply payments and 
credits 

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 your 
Account. This may result in late fees and additional 
interest charges (see the Rates and Fees Table and 
How Rates, Fees and Pay Over Time Work in 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. 

●  After the Minimum Payment Due has been paid, 
we apply payments first to the Pay Over Time 
and/or Cash Advance balances with the highest 
interest rate and then to balances with lower 
interest rates, and then to any Plan balances. 
In most cases, we apply a credit to the same balance 
as the related charge. We may apply payments and 
credits within balances, and among balances with 
the same interest rate, in any order we choose. If you 
receive a credit for a purchase added to a plan, you 
must call us at the number on the back of your card to 
have the credit applied to the plan balance. 

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 your billing statement, and 

●  write your 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 your Account as of the day we receive 
it, as long as we receive it by the time disclosed in 
If your statement includes a Pay Over Time and/ 
or Cash Advance New Balance or Plan Balance, it 
will show a Minimum Payment Due. The Minimum 
Payment Due includes the Pay in Full New Balance 
plus the Pay Over Time and/or Cash Advance 
Minimum Due and the Plan Payment Due. Your 
Account may have balances with different interest 
rates. For example, a Pay Over Time balance may 
have a lower interest rate than a Cash Advance 
balance. Your Account may also have Plan balances 
which are assessed plan fees. Below is how we 
generally apply payments in a billing period: 
●  We apply your payments – up to the Minimum 
Payment Due – first to the Pay in Full New 
Balance and then to any plan amounts included in 
your Minimum Payment Due, then to the Pay Over 
Time and/or Cash Advance New Balance. When 
applying a payment to the Pay Over Time and/or 
Cash Advance balances, we apply it first to the 
balance with the lowest interest rate and then to 
balances with higher interest rates. 

About your Minimum Payment Due 

How we calculate your 
Minimum Payment Due 

The Minimum Payment Due is the sum of the following on your billing statement: 
A. The Pay In Full New Balance 
B. Any Pay Over Time and/or Cash Advance Minimum Due 
C. Any Plan Payment Due 
Above amounts include any past due amounts. 
Your Pay Over Time and/or Cash Advance Minimum Due is the highest of: 
(1)  $40 
(2)  2% of the Pay Over Time and/or Cash Advance New Balance 
(3)  The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance 
minus the Interest charged on the billing statement as the Amount to calculate the sum of (a) through (c) 
below: 
(a) 1% of the Amount from $0 through $20,000 
(b) 2% of the Amount from $20,000.01 through $35,000 
(c) 5% of the Amount above $35,000 
Then continue with the following steps: 
(d) Divide the sum from steps (a) through (c) by the Amount and round to four decimals 
(e) Multiply by the Amount 
(f) Add the Interest charged on the billing statement 

Plus any Pay Over Time and/or Cash Advance amount past due. 
Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash 
Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding 
balance, at any time. 
EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New 
Balance of $30,300, which includes Interest of $300 
(1) $40 
(2) 2% multiplied by $30,300 equals $606 
(3) $30,300 minus $300 equals $30,000 

(a) 1% multiplied by $20,000 equals $200 
(b) 2% multiplied by ($30,000 minus $20,000) equals $200 
(d) ($200 plus $200) divided by $30,000 equals 0.0133 
(e) $30,000 multiplied by 0.0133 equals $399 
(f) $399 plus $300 equals $699 

The highest of (1), (2) or (3) is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the 
Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899. 

Version 1122726 

Page 3 of 9 

About interest charges on Pay Over Time and Cash Advance balances 

When we charge interest 

How we calculate interest 

We charge interest on Pay Over Time Balances as described below. For cash advances, we charge interest 
from the transaction date. You cannot avoid paying interest on cash advances. 
For charges added automatically to a Pay Over Time balance, we charge interest from the transaction date until 
they are paid. However, we will not charge interest on these charges in a billing period if: 
●  your Pay Over Time Previous Balance for the billing period is zero, your Account is not past due, and you 

pay your Amount Due (or Minimum Payment Due if applicable) by the Payment Due Date; or 

●  you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have 

an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due 
Date shown on each of those billing statements. 

If you have or had Pay Over Time Select on your account: you are charged interest on purchases added to a 
Pay Over Time Select balance at your request from the date they are added to a Pay Over Time Select balance 
until they are paid. 
We calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay 
Over Time feature and Cash Advance balances may have different interest rates. 
We use the Average Daily Balance method 
(including new transactions) to figure interest 
charges for each balance. The total interest charged 
for a billing period is the sum of the interest charged 
on each balance. 
Interest 
The interest charged for a balance in a billing period, 
except for variations caused by rounding, equals: 
(1) Average Daily Balance (ADB) multiplied by 
(2) Daily Periodic Rate (DPR) multiplied by 
(3) number of days the DPR was in effect. 
ADB 
To get the ADB for a balance, we add up its daily 
balances. Then we divide the result by the number 
of days the DPR for that balance was in effect. If the 
daily balance is negative, we treat it as zero. 
DPR 
A DPR is 1/365th of an APR, rounded to one ten-
thousandth of a percentage point. Your DPRs are 
shown in How Rates and Fees Work in Part 1. 
EXAMPLE: Calculating Interest 

Daily Balance 
For each day a DPR is in effect, we figure the daily 
balance for each balance by: 
●  taking the beginning balance for the day, 
●  adding any new charges, 
●  subtracting any payments or credits; and 
●  making any appropriate adjustments. 
We add a new charge to a daily balance as of its 
transaction date. 
Beginning balance 
For the first day of a billing period, the beginning 
balance is the ending balance for the prior billing 
period, including unpaid interest. For the rest of the 
billing period, the beginning balance is the previous 
day's daily balance plus an amount of interest equal 
to the previous day's daily balance multiplied by the 
DPR for that balance. This method of figuring the 
beginning balance results in daily compounding of 
interest. 
When an interest rate changes, the new DPR may 
come into effect during-not just at the beginning of-
the billing period. When this happens, we will create 
a new balance and apply the new DPR to it. To get 
the beginning balance on the first day for this new 
balance, we multiply the previous day's daily balance 
by the old DPR and add the result to that day's daily 
balance. 
Other methods 
To figure the ADB and interest charges, we may use 
other formulas or methods that produce equivalent 
results. Also, we may choose not to charge interest on 
certain types of charges. 

Assume that you have a single interest rate of 
15.99%, your ADB is $2,250 and there are 30 days in 
the billing period. 

The DPR is 15.99% divided by 365 days = 0.0438% 

The Interest is $2,250 multiplied by 0.0438% 
multiplied by 30 days = $29.57 

Determining the Prime Rate 

We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period 
is the Prime Rate published in The Wall Street Journal on the Closing Date of the billing period. 
The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate 
from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime 
Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a 
similar published rate. 
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay 
more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting 
changes to variable APRs take effect as of the first day of the billing period. 

Other important information 

Military Lending Act 

Federal law provides important protections to members of the Armed Forces and their dependents relating 
to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as 
applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for 
ancillary products sold in connection with the credit transaction; any application fee charged (other than certain 
application fees for specified credit transactions or accounts); and any participation fee (other than certain 
participation fees for a credit card account). 
To listen to this statement, as well as a description of your payment obligation for this Account, call us at 
855-531-0379. 
If you are a covered borrower, the Claims Resolution section of this Agreement will not apply to you in 
connection with this Account. Instead, the Claims Resolution for Covered Borrowers section will apply. 

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About Additional 
Cardmembers 

Converting charges made in a 
foreign currency 

Changing your billing address 

Closing your Account 

Cancelling or suspending your 
Account 

About default 

Collection costs 
Credit reports 

Sending you notices 

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. 

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 make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into 
U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based 
upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is 
acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a 
government agency or the highest interbank rate AEEML identifies from customary banking sources on the 
conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your 
charge. We will bill charges converted by establishments (such as airlines) at the rates they use. 
You must notify us immediately if you change the: 
●  mailing address where we send billing statements; 

If you have more than one account, you need to notify 
us separately for each account. 
We may update your billing address if we receive 
information that it has changed or is incorrect.

●  e-mail address to which we send notice that your 

billing statement is available online. 

or 

You may close your Account by calling us or writing to us. 
If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your 
Account within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations 
after this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to 
your Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement. 
If your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy 
will not apply to you. 
We may: 
●  cancel your Account, 
●  suspend the ability to make charges, 
●  cancel or suspend any feature on your Account, 

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 

●  notify merchants that your Account has been 

cancelled or suspended. 

and 

If we do any of these, you must still pay us for all 
charges under the terms of this Agreement. 

Account, 

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. 

●  charge you any applicable annual fees, and 
●  charge you a fee for reinstating the Account. 
If we consider your Account in default, we may, to the 
extent permitted by federal and applicable state law: 
●  suspend your ability to make charges, 
●  cancel or suspend any feature on your Account, 
●  require you to pay more than your Minimum 

Payment Due immediately, and 

●  require you to pay your Account balance 

immediately. 

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. 

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We may contact you 

About insurance products 

How we handle electronic 
debits from your checking 
account 

Privacy Act of 1974 notice 

Changing benefits 
Assigning the Agreement 

Assigning claims 

We do not waive our rights 

Governing law 

Notice to Oregon Residents 

Notice for residents of 
Washington State 

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. 

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  You agree that you will not pursue any claim against 
the merchant for the credited amount. And you must 
the Account for all or part of the disputed charge. If 
we do so, you assign and transfer to us all rights and 
cooperate with us if we decide to do so. 
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. 
Utah 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 Utah. 
We hold your Account in Utah. We entered into this 
Agreement with you in Utah. 
Service charges not in excess of those permitted by law will be charged on the outstanding balances from 
month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at 
any time. 
In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for 
payment of interest charges that result solely from a merchant's failure to transmit to us within seven working 
days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay 
in posting such credit, or our failure to post such credit to your account within three working days of our receipt 
of the credit. 

In addition, if your billing address is in the State 
of Maryland, to the extent, if any, that Maryland 
law applies to your account, we elect to offer your 
card account pursuant to Title 12, Subtitle 9 of the 
Maryland Commercial Law Article. 

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 

Version 1122726 

Page 6 of 9 

 
 
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. sec. 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 
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. 

Version 1122726 

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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 litigation or arbitration. The outcome 
of mediation proceedings is non-binding. 
You may proceed to litigation or arbitration 
regardless of the outcome of mediation. 

Claims Resolution for Covered Borrowers 
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 
litigation, non-binding mediation or, at your 
election, arbitration. You are not required to 
resolve any claims by mediation and arbitration. 
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 Card account, 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, cross-claims 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, arbitration or 
non-binding mediation, you may send a 
written notice (a claim notice) to us. Go to 
americanexpress.com/claim for a sample claim 
notice. The claim notice should describe the claim 
and state the specific relief demanded. We may 
also request that we resolve a claim by mediation 
or arbitration, but you are not required to accept 
our request. We may include our request with your 
billing statement or mail it to your home 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 litigation, mediation or 
arbitration, the amount of any relief demanded 
in a claim notice will not be disclosed. You are 
not required to resolve your claim through 
mediation or arbitration. You may decline our 
request to resolve a claim through mediation 
or arbitration. You may elect to resolve your 
claim through litigation. 

Arbitration 
You may elect, but are not required, to resolve 
any claim by individual arbitration. We may 
also request to resolve any claim by individual 
arbitration, but you are not required to accept 
our request. Claims are decided by a neutral 
arbitrator. 
If you elect or agree to resolve a claim 
through arbitration, your or our right to 
litigate that claim in court or have a jury trial 
on that claim may be limited. Further, you 
and we may 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 
If you and we agree to proceed to arbitration, 
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. sec. 1-16 (FAA). We will not request 
arbitration for any claim you file in small claims 
court, so long as the claim is individual and 
pending only in that court. You 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. 
Limitations on Arbitration 
If the parties agree to resolve a claim by 
arbitration, that claim will be arbitrated 
on an individual basis pursuant to that 
agreement, and the agreement would not 
allow claims to be arbitrated on a class 

Mediation 
If you elect to resolve your claim through 
mediation, a neutral mediator will help resolve 
the 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 

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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 
provisions 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 provisions, 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. 

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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