Delta SkyMiles Reserve Card Cardmember Agreement

Cardmember Agreement: Part 1 of 2

As of: 02/01/2024

Delta SkyMiles Reserve Card

Issuer: American Express National Bank

Rates and Fees Table

Interest Rates

Annual Percentage Rate

(APR) for Purchases

APR for Cash Advances

Penalty APR and When it

Applies

Paying Interest

Plan Fee (Fixed Finance

Charge)

For Credit Card Tips from

the Consumer Financial

Protection Bureau

Prime Rate +

12.49% to Prime Rate + 21.49%

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 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 purchases if you pay each month your entire balance (or, if you

have a plan outstanding, your balance adjusted for plans) by the due date. We will

begin charging interest on cash advances on the transaction date.

A monthly fee up to 1.33% of each purchase or amount placed in a plan based on the

plan duration, the APR that would otherwise apply to the purchase, 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.

Fees

Annual Membership Fee $650

Transaction Fees

●

Cash Advance

Either $10 or 5% of the amount of each cash advance, whichever is greater.

●

Foreign Transaction

None

Penalty Fees

●

Late Payment

Up to $40

●

Returned Payment

Up to $40

●

Overlimit

None

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. Variable APRs

will not exceed 29.99%.

CMAENAOT0000025 Page 1 of 4

How Rates and Fees Work

Rates

Penalty APR for new

transactions

The penalty APR may apply to new transactions if:

If the penalty APR applies to a balance, it will

•

you do not pay at least the Minimum Payment

apply to charges added to that balance 15 or

Due by the Payment Due Date on one or more

more days after we send you notice.

occasions; or

•

your payment is returned by your bank.

We will review your Account every 6 months

after the penalty APR is applied. The penalty

We may also consider your creditworthiness in

APR will continue to apply until you have made

determining whether or not to apply the penalty APR

timely payments with no returned payments

to your Account.

during the 6 months being reviewed.

Fees

We add fees to a purchase balance, unless we tell you otherwise.

Annual Membership

This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $175 for each

additional Delta Reserve card.

Plan Fee

Monthly up to 1.33% of each purchase or amount placed in a plan based on the plan duration, the

APR that would otherwise apply to the purchase or amount, 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 when you set up a plan. For more information, see About the Plan It

Feature in Part 2 of your Cardmember Agreement.

Late Payment

Up to $40. If we do not receive the Minimum Payment Due by its 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 Minimum Payment Due. Paying late may also result in a penalty APR. See Penalty APR

for new transactions above.

Returned Payment

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 applicable Minimum Payment Due. A

returned payment may also result in a penalty APR. See Penalty APR for new transactions above.

Returned Check

$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.

Overlimit

None. See Credit limit and cash advance limit in Part 2.

Account Re-opening

$25 if your Account is cancelled, you ask us to re-open it, and we do so.

Cash Advance

5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a

minimum of $10. We will add this fee to the Cash Advance balance.

Foreign Transaction

None

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

CMAENFEEPAPR128 Page 2 of 4

CMAENPSP0000254 Page 3 of 4

Supplement to the Cardmember Agreement

How Your Reward Program Works

Delta SkyMiles

Reserve American Express Card

How you receive miles

You receive 1 mile for each $1 of eligible

purchases on your Delta SkyMiles

Reserve American Express Card (Card

Account).

Eligible purchases are purchases for goods

and services minus returns and other

credits.

Eligible purchases do NOT include:

●

fees or interest charges,

●

cash advances,

●

purchases of traveler's checks,

●

purchases or reloading of prepaid cards,

●

purchases of any cash equivalents, including gift

cards, or

●

person-to-person transactions

How you receive additional

miles

You receive 2 additional miles (a total of

3) for each $1 of eligible purchases on your

Card Account for the following purchases

submitted to us using a Delta merchant

code:

●

air travel on a Delta flight

●

air travel on a Delta partner flight with a

DL flight number

●

Delta Stays prepaid hotels and vacation

rentals

●

Delta Vacations

packages

●

other Delta services

You will NOT receive additional miles for:

●

purchases of air travel on a Delta flight

that are part of all-inclusive air or sea

tour packages

Please visit americanexpress.com/rewardsinfo for

more information about rewards.

From time to time, we may make promotional offers

of bonus miles. These offers include terms about how

you can earn the bonus miles and when you can use

them. These offer terms may differ from the terms

above concerning miles earned for charges to your

Card Account, including about when you can use the

miles.

You can view your miles balance by logging onto your

online account at americanexpress.com and viewing

your account summary page.

When we transfer miles

We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period

in which you received them.

Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12

weeks after the end of each month. To be eligible to earn bonus miles, your account must not be

cancelled or delinquent at time of bonus fulfillment.

When you will forfeit miles

If the Minimum Payment Due is not paid by

the Payment Due Date of the billing period

in which it is due, you will forfeit the miles

you earned for eligible purchases during

that billing period. For example, if your

billing period closes January 15 and the

minimum payment for that billing period is

due on February 10, and you do not make

that minimum payment due by the due date on

February 10, then you will not earn miles for

purchases in the billing period ending February 15.

You may reinstate those miles within the next 12

billing periods if your Card Account is not past due

and you pay a $35 fee.

Other things you should

know about this program

You will receive miles only for eligible

purchases intended for personal, family or

household use.

We may change the terms of this reward

program at our discretion. If you violate or

abuse this reward program, you may forfeit

some or all of your miles.

We are not responsible for miles after they

are credited to your SkyMiles account. We

are also not responsible for the actions of

Delta on your SkyMiles account.

Miles are subject to the Delta SkyMiles Membership

Guide and Program Rules. You should refer to that

document for details on:

●

how to redeem your miles,

●

Delta's right to change its program terms, and

●

other conditions that may apply to its program.

CMAENPSP0000254 Page 4 of 4

MQD Boost

You will earn one (1) Medallion Qualification Dollar (MQD) for each $10 of eligible purchases

charged to your Card Account during a Qualification Year. MQDs earned during a Qualification

Year are used to determine qualification for Medallion Status for the subsequent Medallion Year

for the SkyMiles account associated with your Card Account. MQDs have no cash value and are

not redeemable for Award Travel or other SkyMiles redemptions. MQDs are not transferrable or

assignable to any other person and cannot be gifted to another SkyMiles member.

All Medallion Status Qualification and Medallion Benefits rules and policies apply and may be

viewed at delta.com/medallion. MQDs will not extend or roll over from year to year, and MQD

balance will be reset to zero on or about January 1 each calendar year. Medallion Status is

calculated annually based on activity during a Qualification Year. A Qualification Year is from

January 1 to December 31 of a given year. The close of the Qualification Year is December 31,

without regard to the time of the year that the Card Account is opened. This means that for the first

year of Card Membership, the Card Member's eligible purchase period for the MQD Benefit may be

shorter than twelve months.

Eligible purchases are purchases for goods and services minus returns and other credits. Eligible

purchases do NOT include fees, interest charges, cash advances, purchases of travelers' checks,

person-to-person transactions, purchases or reloading of prepaid cards, purchases of gift cards, or

purchases of other cash equivalents. American Express relies on the transaction date submitted

to us by the merchant, which may differ from the date you make a purchase, to determine whether

the purchase counts toward the MQD threshold in that Qualification Year. This means that in some

cases your purchases may not count toward the MQD threshold in the year in which you made

the purchases. For example, if you make a purchase on December 31 and the merchant lists the

transaction date as January 1 when they submit the transaction data to us, your purchase will be

counted in the Qualification Year which began on that January 1. MQDs will be deducted from the

MQD Balance (and may result in a negative MQD Balance) for any returns or other credits, and

Delta reserves the right to adjust, remove, or suspend Medallion Status if you return, reverse or

charge back eligible purchases in a way that reduces your MQD balance below the threshold of any

Medallion Tier for the preceding Qualification Year. To receive the MQDs, your account must not be

canceled or past due at the time the MQDs are posted to your account. If Delta and/or American

Express determine that you have engaged in abuse, misuse, or gaming in connection with this MQD

Benefit in any way or that you intend to do so, Delta may not credit, Delta may freeze, or Delta may

take away MQDs from your account or terminate your participation in the SkyMiles Program.

MQDs may take 8 to 12 weeks after the eligible transaction posts to the Card Account to be posted

to the Basic Card Member's Delta SkyMiles account. Basic Card Members can confirm their MQD

progress for a Qualification Year by logging into their SkyMiles account on delta.com or in the Fly

Delta app.

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FDR 1122766

Cardmember Agreement: Part 2 of 2

Doc 28549

How Your American Express Account Works

Introduction

About your Cardmember

Agreement

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 of the Agreement.

When you use the Account (or you sign or keep the

card), you agree to the terms of the Agreement.

Changing 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 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.

Words we use in

the 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,

balance transfers, fees and interest charges.

A purchase is a charge for goods, services, or

person-to-person transactions. 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 balance transfer is a charge

to pay an amount you owe on another credit card

account. A person-to-person transaction is a

charge for funds sent to another person or a charge

to add funds to your Amex Send

Account. A plan

is a portion of your account balance that you have

selected to pay over time 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).

About using your card

Using the card

You may use the card to make purchases. At our

discretion, we may permit you to create plans, make

cash advances or balance transfers. You cannot transfer

balances from any other account issued by us or our

affiliates.

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

regular intervals; or you may make charges using that

stored card 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

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.

Credit limit and cash

advance limit

We assign a Credit Limit to your Account. We may make

part of your Credit Limit available for cash advances (Cash

Advance Limit). There may also be a limit on the amount

you can withdraw from ATMs in a given period. The Credit

Limit and Cash Advance Limit are shown on page 1 of

Part 1 and on each billing statement.

We may increase or reduce your Credit Limit and Cash

Advance Limit. We may do so even if you pay on time and

your Account is not in default.

You agree to manage your Account so that:

●

your Account balance (including fees and interest)

is not more than your Credit Limit, and

●

your cash advance balance (including fees and

interest) is not more than your Cash Advance

Limit.

We may approve charges that cause your Account

balance to go over your Credit Limit. If we do this,

we will not charge an overlimit fee. If we ask you to

promptly pay the amount of your Account balance

above your Credit Limit, you agree to do so.

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Limits on person-to-person

transactions

Your person-to-person transactions may not exceed the

$2,000 person-to-person transactions limit within any 30-

day period.

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 person-to-

person transaction limit or your Credit Limit.

Declined transactions

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 the charge

would not cause you to go over your Credit Limit

and 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.

About the Plan It feature

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 and will be based

on the plan duration, the APR that would otherwise apply

to the purchases or amount, and other factors. When you

set up a plan, the purchases or amount will be added to

a plan balance and will be subject to a plan fee instead of

the APR for purchases.

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. Qualifying

purchases or a qualifying amount do not include

purchases of cash or cash equivalents, balance transfers

(if offered), purchases subject to Foreign Transaction

Fees, or any fee owed to us, such as Annual Membership

fees.

Your ability to create plans will be based on a variety

of factors such as your creditworthiness and your

Credit Limit. You will not be able to create plans if

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, or 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. You agree to manage your Account

so that the total of your plan balances (including plan

fees) is not more than your Credit Limit.

Plans cannot be cancelled after they have been

created but you can choose to pay them early by

paying the 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.

About your payments

When you must pay

You must pay at least the Minimum Payment Due by the

Payment Due Date. The Minimum Payment Due and

Payment Due Date are shown on each billing statement.

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. For your payment to be

considered on time, we must receive at least the

Minimum Payment Due in such time and manner

by the Payment Due Date shown on your billing

statement.

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.

How to make payments

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 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 How Rates and 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

Your Account may have balances with different interest

rates. For example, purchases may have a lower interest

rate than cash advances. Your Account may also have

Plan balances which are assessed plan fees. If your

Account has balances with different interest rates, Plan

balances, or plan fees, here is how we generally apply

payments in a billing period:

We apply your payments, up to the Minimum Payment

Due, first to any plan amounts included in your Minimum

Payment Due, then to the balance subject to the lowest

interest rate, and then to balances subject to higher

interest rates.

After the Minimum Payment Due has been paid, we apply

your payments to the balance subject to the highest

interest rate, then to balances subject to lower interest

rates, and then to any Plan balances.

In most cases, we apply a credit to the same balance

as the related charge. For example, we apply a credit

for a purchase to the purchase balance. We may

apply payments and credits within balances, and

among balances with the same interest rate, in any

order we choose. If there is a negative balance in

any balance on the account at the end of a billing

period, that excess credit will be redistributed to

other balances in accordance with how we apply

payments described above. This means that in

certain circumstances, Plan balances may get paid

before they otherwise would. If you receive a credit

for a purchase placed into a plan, you must call us

at the number on the back of your card to have the

credit applied to the Plan balance.

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About your Minimum Payment Due

How we calculate your

Minimum Payment Due

To calculate the Minimum Payment Due for each

billing statement, we start with the highest of:

(1) Interest charged on the billing statement plus 1%

of the New Balance (excluding any interest, penalty

fees, overlimit amount, and plan balances); or

(2) 2% of the New Balance (excluding any penalty

fees, overlimit amount, and plan balances); or

(3) $40.

Then we add any penalty fees shown on the billing

statement, up to 1/24th of any overlimit amount, any

plan payment due, and any amount past due.

Your Minimum Payment Due will not exceed your

New Balance. You may pay more than the Minimum

Payment Due, up to your New Balance, at any time.

EXAMPLE: Assume that your New Balance is $2,900,

interest is $29.57, and you have no active plans,

overlimit amount, penalty fees, or amounts past due.

(1) $29.57 + 1% multiplied by ($2,900 - $29.57) =

$58.27

(2) $58 (2% of $2,900)

(3) $40

The highest of (1), (2) or (3) is $58.27

If your account has any active plans, overlimit

amount, penalty fees, or amounts past due, your

Minimum Payment Due will be higher.

About interest charges

When we charge interest

●

You are not charged interest on purchases when

you are in an Interest Free Period.

●

Your account enters an Interest Free Period when

you pay your New Balance as shown on your

statement by the Payment Due Date or your

account had no previous balance.

●

When your account is not in an Interest Free

Period, we charge interest on purchases from the

date of the transaction.

●

After you enter an Interest Free Period again,

interest may appear on your next billing statement.

This reflects interest charged from the beginning of

that billing cycle through the date the payment was

received.

●

If you have an active plan created through Plan It,

you can enter an Interest Free Period by paying at

least the Balance Adjusted for Plans (or Adjusted

Balance) by the Payment Due Date.

●

Balance Transfers and Cash Advances will be

charged interest from the date of the transaction

and do not have an Interest Free Period.

For more details about how we calculate your interest

charges, see the How we calculate interest section of

this agreement.

How we calculate interest

We calculate interest for a billing period by first figuring the interest on each balance. Different categories of

transactions--such as purchases and cash advances--may have different interest rates. Balances within each

category may also 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:

●

Average Daily Balance (ADB) multiplied by

●

Daily Periodic Rate (DPR) multiplied by

●

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

tenthousandth of a percentage point. Your DPRs are

shown in How Rates and Fees Work on page 2 of

Part 1.

EXAMPLE: Calculating Interest

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

Daily Balance

For each day a DPR is in effect, we figure the daily

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.

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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.

About Additional

Cardmembers

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.

Converting charges made in a

foreign currency

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.

Changing your billing address

You must notify us immediately if you change the:

●

mailing address to which we send billing

statements; or

●

e-mail address to which we send notice that your

billing statement is available online.

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.

Closing your Account

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.

Cancelling or suspending your

Account

We may:

●

cancel your Account,

●

suspend the ability to make charges,

●

cancel or suspend any feature on your Account,

and

●

notify merchants that your Account has been

cancelled or suspended.

If we do any of these, you must still pay us for all

charges under the terms of this Agreement.

We may 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.

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About default

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, 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.

Collection costs

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

Credit reports

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.

Sending you notices

We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing

address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S.

mail.

We may contact you

Servicing and Collections

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our

affiliates, agents and contractors, 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.

About insurance products

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.

How we handle electronic

debits from your checking

account

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.

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.

Privacy Act of 1974 notice

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.

Convenience checks

Convenience checks (including balance transfer

checks) are checks that we may send you to access

your Account. The following terms will apply to use

of those checks unless otherwise disclosed with the

check.

If you use a convenience check, we may decline it.

If we decline it, you may have to pay returned check

fees or other penalties to whomever you wrote the

check.

If you use a convenience check and we honor it,

we will charge interest beginning as of the date we

receive the check. You cannot avoid paying interest on

convenience check transactions.

We will charge a fee for each convenience check

transaction. This fee is 3% of the transaction, with a

minimum of $5. This fee is a finance charge. We will

add the fee to the same balance that we add the

convenience check transaction to.

We will charge $29 each time you ask us to stop

payment on a convenience check.

A convenience check is not a card. You may not use

convenience checks to pay this or any other account

with us or our affiliates. If you use a convenience

check, we will apply the:

●

cash advance APR if you make it payable to cash,

to you, or to a bank, brokerage or similar asset

account, or to a mortgage or insurance provider.

●

purchase APR if you make it payable to a

merchant.

●

balance transfer APR if you use it to transfer a

balance from another creditor.

●

penalty APR if it applies to your Account.

Changing benefits

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

Assigning the Agreement

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.

Assigning claims

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If

we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You

agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate

with us if we decide to do so.

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We do not waive our rights

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.

Governing law

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.

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.

Notice to Oregon Residents

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.

Notice for residents of

Washington State

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.

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. 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,

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Page 7 of 8

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.

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.

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 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.

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

Version 1122766

Page 8 of 8

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 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.