The Membership Rewards® program from American Express® ("AMEX," "we" or "us").
We reserve the right to add to and/or change the Membership Rewards® program (“program”) Terms & Conditions at any time. This means, for example, that we may change the number of points earned for spending, or the number of points required to redeem rewards, impose caps and/or fees on earning and/or redeeming points, increase the annual and/or other program fees and/or cancel rewards. In addition, we reserve the right to terminate the program with three months prior notice. During the three-month notice period, we may change or cancel some or all of the then-current rewards. The Cardmember’s (“you,” “your” or “CM”) right to earn points and redeem accumulated points will terminate three months after we give you this notice.
The program is available to The American Express® Platinum Credit Card, The American Express® Card, The Gold Card, Rewards Gold Card, The Platinum Card®, American Express® Corporate Card, American Express® Executive Gold Corporate Card, American Express Platinum Corporate Card®. Accounts or Cards not listed in this paragraph are not eligible for enrollment in the program. Card eligibility is subject to change.
Additional CMs on a Basic Card account may not enroll in the program on their own, except for Additional Business CMs and Additional Corporate CMs.
All Card accounts must be in good standing at the time of enrollment. Each Card account or Card participating in the program is called a “Linked Account” herein.
Eligible Corporate CMs may enroll in the program only with the Corporate Card issued in their own name, but not Corporate Cards issued to any other individual. Enrolled Corporate Cards from the same company cannot be linked to the same program account.
A Card account or Card must be issued by AMEX or one of its affiliates in the U.S. and billed in U.S. dollars from an AMEX Operations Center in the U.S. to be eligible to participate in the program.
- There is a $40 annual fee for participation in the program, except as otherwise provided below. There is no fee for the program for The American Express Platinum Credit Card, Rewards Gold Card and The Platinum Card. The annual fee to enroll a Corporate Card is $75. There is an additional $10 annual fee for each Business Charge Card or Business Credit Card linked to a Membership Rewards account with other enrolled charge cards, unless you have an Executive Business Card, or any Additional Card of an Executive Business Card, or a Business Membership Rewards Card, or any Additional Card of a Business Membership Rewards Card linked to the same program account. The annual program fee is nonrefundable and will be billed to your Card account on the enrollment date or the enrollment date anniversary as the case may be. The enrollment date will be the day we complete processing your program enrollment.
Enrolled CMs will accrue one point in their program account for every eligible dollar charged and billed on their Linked Accounts, provided such charges are paid on time, except as indicated in the next sentence. Sign & Travel® Account, Extended Payment Option, Business Payment Option and Eligible AMEX Credit Card charges will accrue when billed, as long as the minimum payment is kept current.
Points accrued in your program account for any given year will be carried forward on each enrollment date anniversary, provided all other conditions set forth herein have been met. You will not accrue points in your program account for any Card charges processed by us prior to that Card’s enrollment date, if applicable.
You will not accrue points in your program account for the following: Savings; Balance Transfers; Privileged Assets®; Express Cash; American Express® Travelers Cheque or American Express® Gift Cheque Purchases; Cash Advances; Membership Rewards® point redemptions; Charges for Dishonored Payments; Convenience Check Transactions; Finance Charges; Delinquency Charges; Late Fees and other Fees, including program annual fees, Card account annual fees, fees for enrollment-based CM Services and the federal excise tax offset fee.
Points accrued in any program account do not constitute property of the CM and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other account.
Credits posted to your Linked Accounts, including those arising from returned goods or services, will reduce the points accrued in your program account.
Permitted returns of items purchased with points through: Pay with Points, Ticketmaster, Telecharge, Official Payments, Link2Gov, Tribeca Film Festival and USGA that cause a credit on your Card account will result in a point deduction on your Membership Rewards® program account. These points can be retrieved by calling Membership Rewards®.
- If the amount due on any Linked charge Card account or (effective for billing periods beginning in September 2009) the minimum amount due on any Linked credit Card account is not paid in full within one month of the closing date on the billing statement for that Linked account, points accrued in the program for that Linked account for that billing period may be forfeited.
- For any Linked Card account for which points have been forfeited, once the Linked account returns to good standing, the forfeited points may be reinstated for a $35 fee for each month of points reinstated.
- If for any reason we cancel any Linked Account (including because of your death, bankruptcy or insolvency), any points accrued in your program account will be forfeited. If we reinstate the Linked Account(s) within one year of cancellation, any points accrued in your program account may be converted into a participating Frequent Customer program or redeemed for a reward, provided all other conditions set forth herein have been met.
- If you voluntarily cancel enrollment in the program or cancel all Linked Accounts enrolled in the program but keep at least one AMEX Card open and in good standing, you will have up to 30 days from date of cancellation to redeem the points accrued in the program account.
- If you cancel a Linked Account and cancel all Cards that are issued by AMEX or its affiliates, all points accrued in the program account will be forfeited immediately.
- If any Linked Account is not in good standing, your enrollment in the program may be canceled or the points accrued in your program account forfeited.
- You may purchase points in 1,000-point increments for $25 per 1,000 points, which will be billed on your Card account.
- You may only purchase a maximum of 500,000 points per calendar year.
- You may purchase points only for your own program account. Points may not be purchased except in connection with a conversion of points to a participating Frequent Customer program or redemption of points for a reward.
- Corporate CMs, other than Business CMs, with only the Corporate Card enrolled in the program, may not purchase points.
- Points purchased are subject to all other program Terms & Conditions applicable to points generally, including those concerning point forfeiture.
|SPECIFIC REWARDS TERMS AND CONDITIONS INFORMATION|
Please, review the Terms and Conditions applicable to specific rewards before redeeming. Terms and Conditions imposed by participating Merchants may apply. Online, visit www.membershiprewards.com, find the reward of interest, and click on “the restrictions” link on the reward page. Via phone, call 1-800-545-5048 for details.
- Points accrued in your program account may be converted into any one or more participating Frequent Customer programs as provided in the following. 1,000 points accrued in your program account will equal 1,000 miles, points or credits in participating Frequent Customer programs, except with the following: AirTran®—1,500 points equal one (1) AirTran A+ Rewards Credit; Southwest Airlines®—1,500 points equal one (1) Rapid Rewards credit; JetBlue Airways—250 points equal one (1) TrueBlue point; EL AL Israel Airlines—1,050 points equal 15 Matmid Points; Iberia Airlines – 1,400 points equal 100 Iberia Plus Points; Starwood Preferred Guest®—1,000 points equal 333 Starpoints®; Hilton®—1,000 points equal 1,300 HHonors® Points; and Jumeriah Hotels & Resorts – 2,300 points equal 100 Sirius Points.
- For each conversion of points into the Frequent Flyer program of a U.S. airline, an excise tax offset fee of $0.0006 per point, with a maximum fee of $99 will be charged to your Card account. We charge this fee to offset the federal excise tax we must pay on such conversions. The fee may be more or less than the actual amount of the excise tax we pay on any individual conversion. We may offer you the option to redeem points to pay this fee.
- You may convert points in your program account into a participating Frequent Customer program in 1,000-point increments, except for points converted into the Frequent Flyer programs of AirTran, Southwest Airlines, JetBlue Airways, Jumeriah Hotels & Resorts, Iberia Airlines and EL AL Israel Airlines. For the AirTran A+ Rewards program, points must be converted in 1,500-point increments. For the Southwest Airlines Rapid Rewards program, points must be converted in 1,500-point increments. For JetBlue Airways, points must be converted in 250-point increments after a minimum transfer of 1,250 points. For Jumeriah Hotels & Resorts, points must be converted in 2,300 point increments. For Iberia Airlines, points must be converted in 1,400 point increments. For the EL AL Israel Airlines Frequent Flyer program, points must be converted in 1,050-point increments.
- You may only convert points into a participating Frequent Customer program account held by you or an Additional CM linked to your program account.
- You are subject to, and must comply with, the Terms and Conditions of the Frequent Customer programs of the participating airlines and hotels in which you are enrolled. Any airline’s or hotel’s participation in the program is subject to change with or without notice. Some restrictions, including blackout dates and capacity controls, apply to participating Frequent Customer programs. For exact blackout dates and restrictions, please contact the participating airline or hotel directly.
- Participating airlines and hotels may periodically make changes—such as award-level changes, blackout-date changes or capacity-control changes—to their Frequent Customer programs. AMEX is not responsible for informing you of changes to participating Frequent Customer programs.
- We assume no responsibility for points converted from your program account into a participating Frequent Customer program or for the actions of any participating airline or hotel in connection with its Frequent Customer program or otherwise.
- The insurance programs listed below will not apply to flights taken with Frequent Flyer tickets, unless the insurance program offers an option for Frequent Flyer ticket coverage and you have enrolled in such an option, even if such tickets were obtained by using points converted from a program account. Insurance coverage will only be activated pursuant to the terms and conditions of such coverage. The insurance programs are as follows: Travel Accident Insurance, Business Travel Accident Insurance, Automatic Flight Insurance, Executive Flight Protection, Automatic Flight Insurance Plus, Executive Flight Protection Plus, Business Airflight Insurance, Business Airflight Insurance Plus, Baggage Insurance, Baggage Delay and Loss Protection and Executive Baggage Protection Insurance.
- In the event that notice must be given that an airline will cease participation in the program, we reserve the right to limit the number of points to an amount not less than 100,000 points that you may convert into that airline’s Frequent Flyer program prior to the date that the airline’s participation in the program ceases.
|GENERAL REWARDS AND POINT REDEMPTION INFORMATION|| Back to top|
- The request for conversion of points from the program account to a participating Frequent Customer program or for redemption of a reward must be made by the Basic CM, an authorized Additional CM or an individual authorized by the Basic CM. We may refuse a conversion or redemption request if any Linked Account is not in good standing.
- Requests for conversion of points or redemption of a reward must be initiated by visiting www.membershiprewards.com or by calling us at 1-800-545-5048.
- All rewards are subject to availability. Certain rewards are available only during the time periods described in the program communications (including program website). Certain restrictions apply to rewards. Terms and conditions of each reward are set forth in program communications and/or on the Certificates and Gift Cards. Merchants participating in the program are subject to change. Some rewards have limited availability.
- Once accrued points in your program account have been converted into a participating Frequent Customer program or redeemed for a reward, the points cannot be converted back into your program account.
- Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
- By redeeming rewards, you release AMEX and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of rewards or other participation in the program.
- Rewards must be redeemed in accordance with program communications. AMEX and participating Merchants are not responsible for replacing lost, stolen or mutilated Certificates, tickets or Gift Cards.
- We reserve the right to modify or cancel any reward at any time.
- Some rewards and/or Certificates and Gift Cards require an additional charge for shipping and handling.
- Please note any special instructions or restrictions as you request your redemption. All rewards are available while quantities last. Product specifications are subject to change without notice and all product orders are subject to product availability. You will be notified if the item you have ordered is not available and when it will become available. We reserve the right to substitute items of equal or greater value. Items ordered at the same time may arrive separately. We will ship the model pictured or the most current comparable model available (we are not responsible for typographical or pictorial errors.) Items shown were the latest models available at the time of printing. We reserve the right to modify or cancel rewards offered in Membership Rewards Program Guides or in Merchandise Catalogs without notice.
- We cannot deliver to P.O, APO or FPO boxes. Merchandise rewards can only be shipped to addresses in the 48 contiguous United States and Puerto Rico. If you want to ship to an address other than your billing address, please advise the representative at the time you place your order. Items ordered at the same time may arrive separately. There is no extra charge for regular shipping and handling. Merchandise will be delivered to your shipping address within 14 business days of placing the order.
- When ordering most Golf rewards, you will receive a certificate via e-mail or regular mail. Certificates sent via regular mail should be received within 10 business days, along with instructions on how to redeem the product. Please call the phone number noted on the certificate to order your reward based on your specifications or for any product-related questions after you receive your certificate. Certificates are generally valid for 6 months from the date of issuance. Certificates may be valid for longer than 6 months in accordance with applicable state law.
- Product rewards may be returned or exchanged within 30 calendar days of delivery unless otherwise specified. If product rewards are delivered visibly damaged, please refuse delivery of the product and call American Express at 1-800-545-5048. Return policy is as follows: products must be in their original packaging (with the exception of Velvet Glove Service items) and include batteries, cables, remote controls, and any other items accompanying the product. Please note the following exceptions to the return policy:
a. TVs, major appliances and merchandise items that have been assembled by the customer may not be returned or exchanged unless proven to be damaged or defective. No exchanges or returns are accepted after 30 calendar days
b. TAG Heuer – damaged or defective items must be returned within 10 days of delivery. No exchanges or returns are accepted after 10 calendar days.
c. Sony, Panasonic, Samsung, Toshiba and Pioneer TVs are eligible for product warranties on TV products 27 inches or larger. Bowflex/Nautilus fitness equipment and larger appliances are also eligible for product warranties. These products may not be returned.
The Linked Account you designate will be charged for your PWP redemption, and AMEX will debit points from your program account and issue a corresponding credit to that Linked Account. The credit to your Linked Account may not appear in the same billing period as the charge for your purchase. If the points redeemed do not cover the entire amount of the PWP redemption for any reason, the balance of the purchase price will remain charged to your Linked Account. Any credits to your Linked Account in connection with the purchase or redemption may not be converted into points. You must have at least 5,000 points available in your program account to make a PWP redemption.
- Certificates or Gift Cards may be combined unless otherwise indicated, but Certificates and Gift Cards may not be combined with any other promotional offers from AMEX or the participating retailer.
- Certificates and Gift Cards are valid at participating Merchants only through the expiration date printed on the front of the Certificate or Gift Card, except as otherwise provided by applicable law. Expiration for Certificates and Gift Cards varies by Merchant.
- Acceptance of the Certificates and Gift Cards is the sole responsibility of the participating Merchant, not AMEX. No photocopies of Certificates or Gift Cards will be honored.
- Certificates and Gift Cards are not valid toward previous purchases and cannot be used as payment on existing account balances with either the participating Merchant or AMEX.
- Certificates and Gift Cards have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be returned as cash unless a Certificate or Gift Card states otherwise.
- Certificates and Gift Cards are transferable unless otherwise noted on the Certificate or Gift Card.
- Certificates and Gift Cards are void where prohibited by law.
- Unless otherwise stated on the Certificate or Gift Card, Certificates and Gift Cards for rewards offered do not include any federal, state or local taxes, which are your sole responsibility at time of redemption.
- If applicable, Certificate rewards or Gift Cards do not include gratuities.
- Certificates and Gift Cards will usually arrive within 10 business days. Expedited delivery of a Certificate or Gift Card may be available upon request. There is a fee associated with this service.
- Please be advised the Membership Rewards® Land and Sea program will not be accepting any new hotel bookings as of September 30, 2009 and will be
discontinued on that date. Existing hotel reservations, cancellation and changes can be made by calling Membership Rewards® Land and Sea at 1-800-AXP-EARN (297-3276),
- Effective Dates: Rewards described are valid for travel from January 1–December 31, 2009. All rewards and corresponding point levels expire on December 31, 2009, with no exceptions.
- Redeeming Points: Only the Basic CM, an authorized Additional CM or an individual authorized by the Basic CM is permitted to redeem points for a reward. Points cannot be redeemed during travel or after travel has taken place. Published point levels may change due to currency exchange-rate fluctuations, changes in duties, taxes, government levies and fuel surcharges. Points must be redeemed to reserve a reward, and once a reservation has been made the points are nonrefundable, except as noted below.
- Reservations: Reservations, cancellations and changes can be made only by calling American Express® at 1-800-AXP-EARN (297-3276), Monday through Friday, 9:00 a.m. to 8:00 p.m. (EST). Reservations are subject to availability, must be made by American Express® Land and Sea Vacations and must be confirmed at time of booking. Reservations should be made and confirmed at least two weeks prior to check-in/embarkation. Reservations made less than two weeks prior to check-in/embarkation must be approved by the supplier and will be subject to a processing fee. Modifications to existing reservations will be subject to a processing fee. Rewards are valid only for individual travel and are not applicable for groups or conventions. Rewards are non-commissionable to travel agencies and are valid for new bookings only.
- Cancellations: In the event a cancellation is requested after the reservation has been confirmed, the CM may, for a fee, book another reward or have points reinstated. It is the Cardmember’s responsibility to pay for any additional penalties charged by the hotel, tour operator or cruise line.
- Refunds: No refunds, credits or substitutions will be issued for any unused portion of a reward, or if improper proof of citizenship or naturalization documents results in your being denied boarding or entry. All points will be forfeited if you do not show up for your confirmed reward.
- Travel Documents: Travel documents for cruise and tour packages will be issued at least two weeks prior to check-in/embarkation. Travel documents are nontransferable, are void if altered and must be presented at check-in/boarding. A fee will be charged to reissue or replace travel documents. Confirmation numbers for hotel bookings will be provided at the time of the booking.
- Hotel Properties: Point levels are (1) for standard/basic room categories; (2) per night, based on single or double occupancy; and (3) inclusive of applicable taxes and standard service fees. Room upgrades may be purchased in advance with points, if available. If an amenity is included, the hotel is solely responsible for fulfillment. Fees for third and fourth persons must be paid in cash at the hotel.
- Vacation Packages: Point levels are (1) for standard room categories; (2) land only, unless otherwise stated; (3) based on double occupancy, unless otherwise stated; and (4) inclusive of applicable taxes and standard service fees. Room and car rental upgrades and additional nights may be purchased in advance, if available. Point levels for singles may vary or may not be available. Published single-point levels are for private lodging accommodations. Packages that include a vehicle do not include fuel, optional personal accident insurance/personal effects, optional loss/collision damage waiver surcharges or local taxes. Some resorts and tour operators do not permit children. Some packages are for couples only. Ground transportation is not included unless otherwise stated.
- Cruises: Point levels are (1) for the lowest outside-cabin category; (2) for cruise only; (3) based on double occupancy; and (4) include port charges. Cabin upgrades may be purchased in advance, if available. Point levels for single occupancy may vary or may not be available. Onboard incidentals, off-ship services, shore excursions and gratuities are not included in the point levels unless otherwise stated.
- General: Point levels are subject to change. Rewards are either land only or cruise only and do not include air or ground transportation, alcoholic beverages, parking fees, gratuities or personal incidental expenses, unless otherwise stated. Specific blackout dates and length of stay restrictions may apply. A holiday surcharge will apply when inventory is available. Rewards are not combinable with any other vendor or other AMEX offers, promotions, discounts, group amenities and/or Platinum Travel Service programs. Rewards are subject to all other supplier terms and conditions. Some vendors may assess individual service fees. Individual vendors have the right to change the service fees at any time and AMEX does not have control over this. Reservations made through Land and Sea are not eligible for trip-cancellation insurance.
- Responsibility and Liability: We act solely as an agent for the hotel, tour operator and cruise line and are not responsible for the acts or inaction of each such supplier. We are not liable for any loss or penalties incurred by you if or when a hotel, tour operator or cruise line is sold, ceases to exist or becomes inoperative; if a tour operator cancels a Vacation Package or a cruise line cancels a Cruise; or for acts of nature. Vacation Package components and cruise line ports of call are subject to change without notice. We are not liable for amenities, services and/or facilities not being available due to seasonal closings, renovations, strikes, bankruptcy and/or acts of nature.
- The partners and benefits described herein are accurate at time of printing and are subject to change or cancellation without notice.
- CST #1022318-10, Washington UBI #600-469-694, ML #1192, TA #002–Registered Iowa Travel Agency, NV #2001-0126.
You may redeem in increments of 20,000 points for $100 in cash. Payment of the cash will be made by a credit to your Card account. Credits will not be made to a Corporate Card account. Corporate CMs with only the Corporate Card enrolled in the program may not redeem for this reward. However, Business CMs are eligible to redeem for this reward.
- This is an online capability. The ability to use points for charges is available only to Basic Consumer and OPEN Cardmembers enrolled in the U.S. Membership Rewards® program. Authorized agents, authorized account managers, Additional Cardmembers and Authorized Additional Cardmembers are not eligible. All Linked Card accounts must be in good standing. A minimum of 1,000 Membership Rewards points is required and each charge must be offset in full.
- American Express in its discretion will select and display charges eligible for offset with Membership Rewards points. In general, American Express will select and display charges that meet the following criteria: (a) the charge must be incurred in the U.S. or its territories, (b) the charge must be for a minimum of $6, (c) the charge must appear online within either Recent Activity or the Online Statement of the Summary of Accounts page, (d) the charge must be in the below categories as defined by American Express: Business Services (Advertising Services, Mailing & Shipping, Office Supplies, Print & Publishing), Communications (Cable & Internet, Cellular Products & Services, Telephone Products & Services), Merchandise & Supplies (Computer Supplies, Groceries, Mass Merchandisers, Pharmacies, Wholesale Clubs), Transportation (Fuel, Taxis & Mass Transit), and Utilities (Gas, Electric & Water); (e) the charge is not currently disputed and has not been previously disputed. Determination of eligible charges is made by American Express in its sole discretion and can be changed at any time without notice. American Express is under no obligation to make charges available to offset with Membership Rewards points.
- For each transaction, points will be debited from your Membership Rewards program account and a credit will be issued to your Card account for the corresponding dollar amount. Points will be debited immediately and the credit will take up to 48 hours to appear online. Credits processed after the Card account's statement closing date will appear in the following billing period. Even if you use points for charges, you are responsible for payment of the amount due on your Card account by the due date.
- Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of your program account and any AMEX Card account.
- The program is intended to be a service provided to an individual, not a company. It is therefore considered fraudulent and abusive for any individual or company to direct, encourage or allow a Corporate CM, Business CM or other individuals to use a single Corporate Card or Business Card account for the purpose of accumulating Membership Rewards points for company use.
- If you are a Corporate CM with only the Corporate Card enrolled in the program and, for any reason, your ability to incur charges on your Corporate Card is suspended (including due to the bankruptcy or insolvency of your employer), your opportunity to redeem points accrued in your program account will also be suspended simultaneously. If your ability to incur charges on your Corporate Card is restored, your opportunity to redeem points accrued in your program account will also be restored, provided all other conditions set forth herein have been met.
- All questions or disputes regarding eligibility for the program, eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by AMEX at its sole discretion.
- The determination of tax liability for any federal, state or local taxes (as may be applicable) arising out of the accrual or conversion of points or redemption of rewards in the program shall be your sole responsibility.
- We are not responsible for typographical errors and/or photographic errors and/or omissions in this brochure.
- This brochure and these Terms & Conditions supersede all previous Membership Miles® and Membership Rewards® program brochures and Terms & Conditions.
- These Terms & Conditions are governed by and construed under the laws (excluding conflicts of law provisions) of New York.
- This Arbitration section sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.
- As used in this Arbitration section, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to your participation in the program, these Terms & Conditions, any other related or prior agreement that you may have had with us or the relationships resulting from your participation in the program, these Terms & Conditions or any prior agreement, including the validity, enforceability or scope of this Arbitration section, these Terms & Conditions or any prior agreement. For the purposes of this Arbitration Provision, “you” and “us” also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of “Claims.” “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the program if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) the program account or any point balances on the program account, (b) advertisements, promotions or oral or written statements related to the program or any reward or (c) the redemption for and use of any reward. We shall not elect to use arbitration under this Arbitration Provision for any Claim that you properly file and pursue in a small-claims court in your state or municipality as long as the Claim is individual and pending only in that court. As used in this Arbitration section, “you” and “us” also include any corporate parent, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, assignees and all agents, employees, directors and representatives of any of the foregoing, and other persons referred to above in the definition of “Claim.”
- Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedure of the national arbitration organization (the “Code”) to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum (“NAF”), the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: NAF, P.O. Box 50191, Minneapolis, MN 55404; Web site: www.arbitration-forum.com. AAA, 335 Madison Avenue, New York, NY 10017; Web site: www.ADR.org.
- IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM OR TO HAVE THEIR CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF OR AAA, AS APPLICABLE (THE “CODE”). FURTHERMORE, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
- If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class-action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other CMs or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to awards to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties.
- This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC Sections 1–16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief-written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of either party’s request will be at the sole discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall reconsider anew any aspect of the initial award requested by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
- Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the federal or state court closest to your billing address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate in which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. This Arbitration Provision shall survive termination of the program or your participation in it. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms & Conditions or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.