Terms and Conditions

The collection, use, and disclosure of your personal information in connection with the Amex Offers Program are governed by the American Express Privacy Statement, available at www.amexnetwork.com/privacy.html, as updated from time to time. By participating in the Program, you acknowledge and agree that American Express may collect, use, share, and otherwise process your personal information in accordance with that Privacy Statement.

American Express may use personally identifiable information, including but not limited to your name, email address, country, and eligible Card account number, to verify your eligibility for the Program, to provide and service Offers, and to present Offers that may be relevant to you. Location information that you provide through the Program may also be used for the purpose of tailoring and presenting relevant Offers.

When you enroll in the Program, American Express assigns a unique identifier (which does not contain your Card account number) that is used to identify you as a Card Member with an enrolled Card. This identifier enables the presentation of Offers, enrollment in Offers, and fulfillment and servicing of Offers, including tracking which Offers you have added to your Card.

By adding an Offer to your Card, you consent to receive communications from American Express relating to that Offer, including confirmations, reminders, and updates.

You agree to immediately notify American Express if you suspect fraudulent or abusive activity in connection with your participation in the Amex Offers Program. If American Express suspects fraudulent or abusive activity, you will cooperate with American Express and use any fraud prevention or other measures American Express prescribes. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your equipment and the eligible Card you used to participate in the Amex Offers Program.

American Express reserves the right, in its sole discretion, to suspend, restrict, or permanently disqualify any Card Member from participation in the Amex Offers Program if it suspects tampering, misuse, fraud, abuse, gaming, or other activity inconsistent with the spirit or intent of the Program. Prohibited conduct includes, without limitation, use of automated tools, bots, scripts, or auto-enrollment mechanisms to access, enroll, or redeem Offers, as well as attempts to manufacture spend or otherwise manipulate purchases for the purpose of qualifying for Rewards. Any enrollment or redemption of Offers through automated means may be void and not honored, regardless of whether the Card Member was aware of or participated in such activity. American Express may withhold, reverse, or cancel any Offer, statement credit, or Reward issued in connection with such conduct, and may pursue damages or other remedies to the fullest extent permitted by law.

American Express also reserves the right to suspend or cancel any Offer, the Amex Offers Program as a whole, and/or your participation in the Program if fraudulent activity, gaming, technical failures, system errors, or other circumstances impair, or are reasonably likely to impair, the integrity, security, or proper functioning of the Program, the enrollment process, or any related transaction, or if such circumstances may result in actual or potential loss, damage, or liability.

You are expressly prohibited from caching, screen scraping, deep linking, link farming, generating commissions or gaming Offers, unauthorized hypertext linking to pages or sites which form part of the Amex Offers Program and framing of any content available through the Amex Offers Program. American Express reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other internet sites linked to the pages or sites which form part of the Amex Offers Program. Access to any other internet sites linked to the pages or sites which form part of Amex Offers (including store sites) is at your own risk.

American Express reserves the right, at its sole discretion and at any time, to suspend, cancel or terminate your eligibility to participate in the Amex Offers Program, any Offer, registration/enrollment in any Offer, and fulfillment of any Offer, with or without notice, including, without limitation, if American Express determines or otherwise suspects that you have engaged in improper, unlawful or other activity in violation of applicable law or otherwise not in conformance with these Offer Program Terms or the Offer Terms.

American Express, its licensed issuers, agencies, participating merchants, third-party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with American Express, “Released Parties”) are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of any registration/enrollment page, the Amex Offers Program, any Offer or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, wireless service provider networks, network hardware or software or internet connectivity; (3) unauthorized human intervention in any part of any Offer, or the Amex Offers Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of any Offer, any registration/enrollment page or the Amex Offers Program or the processing of your registration/enrollment in or fulfillment of any Offer. If any of the foregoing occurs, your sole remedy shall be to discontinue your participation in the Amex Offer Program.

The Amex Offers Program, the registration/enrollment pages and the Offers are provided on an “As Is” and an “As Available” basis. American Express specifically disclaims any warranties regarding any goods or services advertised in conjunction with any Offer, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose. You hereby release the Released Parties from all claims relating to your participation in any Offer or the Amex Offers Program, access to and registration on any registration/enrollment page, and use of any Offer. This paragraph E shall survive termination of these Offer Program Terms and the Offer Terms.

If your eligible Card is issued by American Express, these Offer Program Terms and the applicable Offer Terms do not amend, alter, or replace any other notices, disclosures, or information that you receive in connection with your eligible Card account, including but not limited to information provided on your periodic statement or the terms of your Cardmember Agreement. In the event of any inconsistency or conflict between these Offer Program Terms and your Cardmember Agreement, the terms and conditions of your Cardmember Agreement governing your eligible Card account shall control and prevail.

If your eligible Card is issued by a third-party financial institution, these Offer Program Terms govern solely with respect to the Amex Offers Program. In the event of any inconsistency or conflict between these Offer Program Terms and the agreement governing your Card account with the third-party financial institution, these Offer Program Terms shall control and prevail, but only with respect to your participation in the Amex Offers Program.

If your eligible Card is issued by American Express, these Offer Program Terms and any and all claims arising out of or in connection with these Offer Program Terms shall be governed by and interpreted under the Governing Law section of Cardmember Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/.

If your eligible Card is issued by a third-party financial institution, these Offer Program Terms and any and all claims arising out of or in connection with the terms and conditions of these Offer Program Terms shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions.

For this section, a “claim” means any current or future claim, dispute or controversy relating to any Offer, the Amex Offers Program, or these Offer Program Terms. “We” and “us” means American Express and any corporate parents, subsidiaries, affiliates or related persons or entities. If your eligible Card is issued by American Express, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your Cardmember Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/.

If your eligible Card is issued by a third-party financial institution, any and all claims shall be governed by the Arbitration subsection set forth below. This paragraph H shall survive termination of these Offer Program Terms. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.

Sending a Claim Notice
Before beginning a lawsuit 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. 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 us must include your name and address 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.

Arbitration
You or we may elect to resolve any claim by individual arbitration. Claims are decided by a single 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.

Before beginning arbitration, you or we must first send a claim notice. The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization in effect when the claim is filed, except where those rules conflict with these Offer Program Terms. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Limitations on Arbitration
If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claim 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 Card Members 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 you and 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. If the arbitrator rules in your favor for an amount greater than any 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.

American Express reserves the right to change or modify these Offer Program Terms from time to time by posting such modified version on this website. Upon modification, American Express will update the date indicated after “Last Modified” at the beginning of these Offer Program Terms. If you do not agree with the current or a modified version of these Offer Program Terms, you must not participate in the Amex Offers Program. Your participation in the Amex Offers Program following these changes means you accept the revised Offers Program Terms.