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TERMS OF USE
FOR
(1) AMEX EXPRESS CHECKOUT FOR MERCHANTS
AND
(2) AMEX EXPRESS CHECKOUT, SIGN UP WITH AMEX & VERIFY WITH AMEX ON AIRBNB.COM

Last Modified: September , 2016



These Terms of Use for (1) Amex Express Checkout for Merchants, and (2) Amex Express Checkout, Sign up with Amex and Verify with Amex on Airbnb.com (these “Terms of Use”) govern your use of the Service (as defined below). These Terms of Use are a legally binding agreement between you and American Express Travel Related Services Company, Inc. (“American Express”, “we” or “us”). PLEASE REVIEW THESE TERMS OF USE CAREFULLY BECAUSE BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE.


In addition to these Terms of Use, your use of the Service shall be subject to the American Express Terms of Service, the American Express Online Privacy Statement, other applicable American Express terms and policies and applicable laws and regulations.

Your use of Eligible Cards to purchase goods and services using the Service is governed by applicable Card Member Agreements for such Eligible Cards. You can call the number on the back of an Eligible Card to request a copy of the applicable Card Member Agreement or, for American Express U.S. Consumer or Small Business credit or charge Cards, go to www.americanexpress.com/us/content/cardmember-agreements/all-us.html.


Table of Contents


 

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1. About the Service


a.General. The Service for all Merchants, except for Airbnb, will consist of the following:


1. Amex Express Checkout facilitates your purchases on a Merchant Site by enabling you to use your MYCA (the online account access portal for your Eligible Cards) credentials to autofill your Checkout Data on such Site. For some Merchants, Amex Express Checkout enables you to register an Eligible Card as a payment method on your Merchant Account.


b. Airbnb. The Service made available on www.airbnb.com (or its successor site(s)) (“Airbnb Site” or “Airbnb”) owned or controlled by Airbnb, Inc. (“Airbnb”)), will consist of the following:


1. Amex Express Checkout as described above.


2. Sign Up with Amex. Airbnb requires its customers to create an account on the Airbnb Site in order to conduct transactions on the Airbnb Site (“Airbnb Account”). When available Sign Up with Amex enables you to create an Airbnb Account, save an Eligible Card that is already registered with MYCA directly to your Airbnb Account, designate such Card as the default payment method on the Airbnb Account, and save your profile information to your Airbnb Account. Sign up with Amex also enables you to publicly badge and identify yourself as an American Express Card Member on the Airbnb Site as part of your Airbnb Account. You can remove your badge and edit and/or delete your profile information by visiting your Airbnb Account.


3. Verify with Amex. Verify with Amex enables you to publicly badge and identify yourself as an American Express Card Member on the Airbnb Site as part of your Airbnb Account. Verify with Amex also enables you to register an Eligible Card as a payment method on your Airbnb Account. You can remove your badge and edit and/or delete your profile information by visiting your Airbnb profile.


4. Airbnb Please understand that all references to “Merchant” also apply to Airbnb, except where there are express references to Airbnb describing how Airbnb differs.


You acknowledge that the Service may be provided to you by American Express, its Vendors, or a combination of these entities.

 

 

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2. Use of the Service


a. Use of the Service. To use the Service you must meet the "Eligibility" (Section 3) requirements below. In addition:


(i) Amex Express Checkout

You use Amex Express Checkout by clicking on the “Express Checkout” button (or a similarly identified button or link) on a Merchant Site, which navigates you to an American Express hosted pop-up page. On this page, you are prompted to log into your MYCA account by entering your User ID and Password. You may also check the "Remember Me" box. If you do and you have cookies enabled, we will display your Eligible Cards and name (for desktop experience) before you log into MYCA each time you use Amex Express Checkout on this device. You are then prompted to choose an Eligible Card registered with MYCA with which you wish to pay. American Express may require that you enter a Card ID (CID) for such Eligible Card or that you authenticate yourself in another manner. You then click an "OK" button (or a similarly identified button or link), thereby authorizing and directing American Express to provide your Checkout Data to the Merchant and/or an Intermediary to process the transaction. We may require that you enter your email address, phone number, or both as part of Amex Express Checkout, if you do not already have this information on file in your MYCA account. When you do so and click "Next" (or a similarly identified button or link), you authorize and direct us to use this information to help you check out, share this information with Merchants and/or Intermediaries as Checkout Data in accordance with these Terms of use, contact you about your MYCA account and update your MYCA account. You proceed to complete the Merchant Site checkout experience and American Express autofills your Checkout Data on the Merchant Site. If you enable Touch ID for Amex Express Checkout (available for Apple devices and in certain Merchant mobile applications only), we will use the Eligible Card you selected when you enabled Touch ID to autofill your Checkout Data each time you scan your fingerprint to check out on the Merchant’s mobile application (American Express may still require that you enter a Card ID (CID) for such Eligible Card or that you authenticate yourself in another manner). Your purchase is complete when you authorize the Merchant or an Intermediary to place a charge on your Eligible Card. All transactions completed with the Service will begin with “CHKOUT” on your American Express billing statement.


(ii) Amex Express Checkout on Airbnb.com. Note that before you use Amex Express Checkout to process a transaction on Airbnb, Airbnb will request to save your Eligible Card and billing information to your Airbnb profile. Airbnb will save your Eligible Card and billing information to your Airbnb profile once you complete a transaction using Amex Express Checkout. Once Airbnb saves your Eligible Card and billing information to your Airbnb profile, such information will be treated by Airbnb in accordance with Airbnb’s privacy policies and terms and conditions. If you do not want Airbnb to save your Eligible Card and billing information to your Airbnb profile, you must not use Amex Express Checkout to process your transaction on Airbnb.

 

(iii) Airbnb - Sign up with Amex

You use Sign up with Amex by clicking on the “Sign up with Amex” button (or a similarly identified button or link) on the Airbnb Site, which navigates you to an American Express-hosted pop-up page. On this page, you are prompted to log into your MYCA account by entering your User ID and Password. You are then prompted to choose an Eligible Card registered with MYCA which you would like to designate as a default payment method in your Airbnb Account (the “Selected Card”). American Express may require that you authenticate yourself via a one-time-access code or in another manner. You will also be required to enter the last 5 digits of your Eligible Card account number into an Airbnb portion of the Sign Up with Amex pop-up page, You will then click an “OK” button (or a similarly identified button or link), thereby authorizing and directing: (a) American Express to provide your full Eligible Card and billing information to Airbnb and/or an Intermediary in order to create an Airbnb Account and if you so choose, you may register the Selected Card as the default Eligible Card (“Default Card”); and (b) Airbnb to place a badge or an ID on your Airbnb profile to publicly identify you as a Card Member on the Airbnb site (an “Amex Badge”). If you wish to remove the Amex Badge or edit and/or delete your Checkout Data, you may do so by managing your data in your Airbnb profile.


(iv) Airbnb - Verify with Amex

You can use Verify with Amex by clicking on the “Connect” button (or a similarly identified button or link) on the “Verifications” section of the Airbnb Site, which navigates you to an American Express-hosted pop-up page. On the American Express-hosted pop-up page, you are prompted to log into your MYCA account by entering your User ID and Password. You will be prompted to choose an Eligible Card which will be added as a payment method to your Airbnb Account. You may, if you choose, designate such Eligible Card as the Default Card. American Express may require that you authenticate yourself via a one-time-access code or in another manner. You will also be required to enter the last 5 digits of your Eligible Card account number into an Airbnb hosted portion of the Verify with Amex pop-up page. You then click an “OK” button (or a similarly identified button or link), thereby authorizing and directing: (a) American Express to provide your full Eligible Card and billing information to Airbnb and/or an Intermediary; and (b) Airbnb to place an Amex Badge on your Airbnb profile. If you wish to remove the Amex Badge or edit and/or delete your Checkout Data, you may do so by managing your data in your Airbnb profile.


(v) General Provisions for Default Cards

Note that there can be only one Default Card per Airbnb Account. If you wish to change the Default Card to a different Eligible Card on Airbnb, then you must first disconnect the current Default Card by following instructions on the Airbnb Site. For other Merchants, please refer to the Merchant’s terms and conditions or other instructions to find out how to change default Cards on that particular Merchant Site.


(vi) General Provisions for Checkout Data and Privacy

Checkout Data will be used by the Merchant and/or an Intermediary as described in the “Amex Express Checkout”, “Sign up with Amex” and “Verify with Amex” paragraphs above. Note that if you decide to save your information with the Merchant and/or an Intermediary, you should review their applicable privacy policies. You acknowledge that American Express and its Vendors have no control over the privacy and data security practices of Merchants or Intermediaries. See “Your Privacy; Confidentiality and Disclosure of Information” (Section 13) below for additional details on how Checkout Data and other information obtained during your access to or use of the Service may be used by American Express, a Merchant and/or an Intermediary.



b. Benefits. In some instances, purchases made with an Eligible Card using Amex Express Checkout may not receive all of the benefits, loyalty points rewards or offers of the Card if the purchase is not processed directly by the Merchant. For example, you may not receive all of the benefits, loyalty points, rewards or offers if the Merchant uses an Intermediary to facilitate in app payments on its behalf.

c. Accuracy of Information. You agree that any information you provide to American Express will be true, accurate, current and complete at the time of submission, and you will update such information to remain true, accurate, current and complete, as appropriate. American Express is under no obligation to validate any of your Checkout Data.


d. Changes to the Service. You agree that the form, nature, features and functionality of the Service may change or be updated or upgraded from time to time, on both a continuous and intermittent basis, without prior notice to you and in our sole discretion. To the extent that any such changes in or updates or upgrades to the Service require changes to these Terms of Use, such changes will be governed by “Changes to these Terms of Use” (Section 8) below.


e. System Requirements. In order for you to access and use the Service, you must have access to a computing or other communications device with working internet access and a Web browser that supports 128-bit encryption (such as Chrome®, Firefox®, internet Explorer, or Safari). You are responsible for all third party software, hardware and services that you use in connection with the Service (including any computing or communications device) and for ensuring that such software, hardware and services meet these minimum requirements for your access to and use of the Service. Any third party software, hardware or services (whether required or optional) that you use in connection with the Service are the sole responsibility of such third party, and your use of such third party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, which may change from time to time. You acknowledge that the fact that the Service is compatible with an internet browser, computing or communications device in no way constitutes our endorsement, authorization, sponsorship or affiliation by or with the provider of such technology.


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3. Eligibility


You agree that you may only access and use the Service when you meet all of the following conditions: (i) you are a legal resident of the United States, its territories, commonwealths and possessions,; (ii) you are a holder of a valid Eligible Card, with an Eligible Card account in good standing; (iii) you have registered for MYCA each Eligible Card that you wish to use with the Service; (iv) you are at least eighteen (18) years of age (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)); and (v) you are capable of entering into a legally binding agreement with us. Some Merchants, may require you to have an active Merchant account in order to use Amex Express Checkout. Corporate Cards must be used in accordance with your company policy.


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4. Manage Your Card Account


a. Online Account. As part of using the Service, you will be required to log in to MYCA. If you have not registered for MYCA, you may do so by clicking here.You may use MYCA to add or remove Eligible Cards and modify your communication and information sharing preferences. To use the service, you will need to register one or more Eligible cards with MYCA.


b. User ID and Password. When you register for MYCA, you will select a User ID that may be used to access MYCA (and the Service) as well as a Password (collectively, “Credentials”). You must keep your Credentials confidential and not disclose them to others. Do not write or keep your Credentials with information regarding your Eligible Card. If you lose or cannot remember your Credentials, you will need to change them online through MYCA. If you believe that anyone has accessed your Credentials without your authorization, you should INFORM US immediately by contacting us as provided in "Miscellaneous" (Section 15) of these Terms of Use. You should also change your Credentials immediately to avoid unauthorized use of MYCA, the Service or your Eligible Card. If you are using the Service on behalf of a business, you warrant that all persons that have access to your Credentials are authorized to have such access.


c. Contact Information; Identity Authentication. You are responsible for keeping your personal information, including your telephone number, mailing address and email address, up to date in your MYCA profile. You authorize American Express, directly or through its Vendors, to undertake any actions we consider necessary or appropriate to validate your identity and registration information. Because user verification on the internet is difficult, American Express and its Vendors do not warrant the accuracy of any user’s identity.


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5.Touch ID


We may offer you an option to enable Touch ID with Amex Express Checkout in select Merchant applications on certain Apple devices. Touch ID can only be associated with one American Express User ID at a time on a device and only on up to two devices. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your Apple device to access Amex Express Checkout in such Merchant applications. We caution you against storing fingerprints of others on your device. If you do, please make sure the individuals who have fingerprints stored on your device are authorized to use your Card accounts to make a purchase using Amex Express Checkout. Please note that American Express does not have access to fingerprint data. For information on how Apple uses and stores your fingerprint data, please see Apple's Privacy Policy and iOS Security Guides.


If you have enabled Touch ID with Amex Express Checkout in a Merchant’s mobile application on your Apple device, you can turn this feature off by– tapping the “Amex Express Checkout” button on the Merchant’s checkout page. When the Touch ID prompt appears, tap “Cancel” and then tap “Disable Touch ID”. You can also remove all fingerprints or delete the Merchant mobile application from your Apple device.


American Express reserves the right to suspend or disable this feature at any time.


Call us immediately using the telephone number printed on the back of your Card if you believe your device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.


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6. Term; Termination; Suspension of Use


These Terms of Use continue in effect until terminated. You may terminate these Terms of Use by ceasing your use of the Service at any time, with or without notice to American Express.


American Express or, at its direction its Vendors, may suspend, discontinue or terminate any and all aspects of the Service and your access to the Service, at any time, in American Express' sole discretion, for any reason, and without notice or liability (by American Express or its Vendors) to you or any third party. Without limiting the foregoing, these Terms of Use (and your access to the Service) will terminate automatically if any one or more of the following occur: (i) the Service is discontinued for any reason; (ii) all Card Member Agreements governing use of Eligible Cards you have registered with MYCA end for any reason; or (iii) all Eligible Card accounts you have registered with MYCA are terminated or suspended for any reason. You specifically recognize that if the Service or your access to the Service is suspended, discontinued or terminated, you will be prevented from further accessing or using the Service. Suspension, discontinuation or termination of the Service or these Terms of Use will not necessarily affect any of your Eligible Card accounts.


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7. Fees


American Express does not currently charge you a fee for the Service; however, we reserve the right to charge you a fee to use the Service in the future. You otherwise acknowledge that you are solely responsible for any fees charged by third party software, hardware or other services used or required to access or use the Service, including, but not limited to, fees charged by your telecommunications, broadband and/or wireless carrier.


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8. Restricted Activities


In connection with your use of the Service, you agree that you will not:


  • Breach these Terms of Use or any other policy, terms of service, or agreement that you have agreed to with us
  • Violate any Applicable Law
  • Provide false, inaccurate, or misleading information
  • Engage in fraudulent, deceptive, unfair or illegal activity
  • Unless permitted under Applicable Law, refuse to cooperate in an investigation or refuse to confirm your identity or any information you provide to us
  • Infringe on our or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights
  • Use any robot, spider, other automatic device, or manual process to monitor or copy the Service
  • Tamper with another user’s data or use of the Service, impersonate any person or entity, or falsely state or otherwise misrepresent your identity
  • Forge or replace headers or otherwise manipulate identifiers to disguise the origin of any information, data or other content
  • Disrupt the normal flow of information or otherwise act in a manner that negatively affects other users’ ability to use the Service
  • Interfere with or disrupt the Service (including without limitation servers or networks associated with the Service), or violate any requirements, procedures, policies or regulations of networks associated with the Service
  • Use the Service if doing so would result in your breach of an obligation to a third party, including without limitation any workplace or other policies that apply to you
  • Use the Service in connection with other activities of which we notify you.

If you breach this Section 7 or permit others to do so or engage in any activities that we believe are not permitted by these Terms of Use (such as one of the activities set forth above) or by Applicable Law, we may, in our sole discretion and without waiving any of our rights, suspend or limit your use of and access to the Service. We may otherwise impose transaction, volume or other limitations or restrictions on your use of any and all parts of the Service at any time.

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9. Changes to these Terms of Use


We reserve the right, in our sole discretion, to change these Terms of Use at any time. After any change, we will update the date indicated after “Last Modified” at the beginning of these Terms of Use and post the revised Terms of Use. You can access the current version of these Terms of Use at any time at www.americanexpress.com/expresscheckout/terms. Any changes to these Terms of Use will only affect your and our respective rights and obligations from the “Last Modified” date and thereafter. If you do not agree with any such changes, you must immediately cease using the Service. Your continued use of the Service after such posting constitutes your acceptance of such changes to these Terms of Use.


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10. Disclaimer of Warranties


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITH NO WARRANTIES WHATSOEVER. AMERICAN EXPRESS AND ITS VENDORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMERICAN EXPRESS AND ITS VENDORS FURTHER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. AMERICAN EXPRESS AND ITS VENDORS CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, OR FUNCTIONALITIES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. NEITHER AMERICAN EXPRESS NOR ITS VENDORS ARE RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CAPABILITY OR CONTENT OF ANY MERCHANT SITE OR ANY CONTENT ACCESSED IN CONNECTION WITH THE SERVICE. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATION BY AMERICAN EXPRESS, ITS AUTHORIZED REPRESENTATIVES, ITS VENDORS OR ANY THIRD PARTIES SHALL CREATE A WARRANTY. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE.


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11. Limitation and Exclusions of Liability


UNDER NO CIRCUMSTANCES SHALL AMERICAN EXPRESS, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY WITH AMERICAN EXPRESS, THE "AMEX PARTIES") OR AMERICAN EXPRESS' VENDORS BE LIABLE TO YOU FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE (EVEN IF AMERICAN EXPRESS OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). MOREOVER, NO AMEX PARTY OR ANY AMERICAN EXPRESS VENDOR SHALL HAVE ANY LIABILITY FOR THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTION PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY OTHER FORCE MAJEURE. FURTHERMORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION OR DISCONTINUATION OF THE SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


NOTHING IN THESE TERMS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR VENDORS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.


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12. Notices & Communications


By registering for MYCA, using the Service and accepting these Terms of Use, you consent to receive notices and other servicing information or communications via email to the primary email address we have in our records for you. All notices and information sent to you via email will be deemed to be in writing and received by you when sent to you. You can manage your preferences for receiving messages from us by logging into your profile in MYCA. Also, from time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.


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13. Your Privacy; Confidentiality and Disclosure of Information


a. Privacy. Protecting your privacy is very important to us. Please review the American Express Online Privacy Statement and the provisions below for more information regarding the terms that apply to your privacy, as well as our use and disclosure of your information in connection with your access to and use of the Service. If you do not wish to be subject to any of the terms referenced in these Terms of Use, including the American Express Online Privacy Statement, you must not use or access the Service.


b. Use of Checkout Data and Other Disclosures. By using the Service:

(1.) To make a purchase on a Merchant Site as part of Amex Express Checkout, you authorize and direct American Express to provide your Checkout Data to the Merchant and/or an Intermediary to process your transactions. Your Eligible Card will not be charged until you confirm and complete your purchase on the Merchant's site. If you authorize a merchant to save your Eligible Card to your Merchant account profile, then your saved Eligible Card information will be subject to such merchant's privacy policies and terms and conditions;

(2.) Before you use Amex Express Checkout to process a transaction on Airbnb, Airbnb will request to save your Eligible Card and billing information to your Airbnb profile. Airbnb will save your Eligible Card and billing information to your Airbnb profile once you complete a transaction using Amex Express Checkout. Once Airbnb saves your Eligible Card and billing information to your Airbnb profile, such information will be treated by Airbnb in accordance with Airbnb’s privacy policies and terms and conditions. If you do not want Airbnb to save your Eligible Card and billing information to your Airbnb profile, you must not use Amex Express Checkout to process your transaction on Airbnb;

(3.) As part of Sign up with Amex and Verify with Amex on Airbnb, you will be required to enter the last 5 digits of your Eligible Card account number into an Airbnb-hosted portion of the Sign up with Amex and Verify with Amex pop-up pages, respectively. Amex will provide your full Eligible Card information after you have provided the last 5 digits of your Eligible Card account number to Airbnb directly.

(4.) As part of Sign up with Amex on Airbnb, you authorize and direct (i) American Express to provide your billing information to Airbnb and/or an Intermediary in order to create a saved Airbnb Account; and (ii) Airbnb to place a “badge” on your Airbnb profile to identify you as an American Express Card Member; and

(5.) As part of Verify with Amex, you authorize and direct (i) American Express to provide your billing information to Airbnb and/or an Intermediary; and (ii) Airbnb to place an Amex Badge on your Merchant account profile.


You agree that American Express and its Vendors may access, preserve, and disclose your information (including your Checkout Data) if required to do so by Applicable Law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal requirements or legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of American Express, its users or the public.


You also agree that it is solely your responsibility to maintain the confidentiality of your information on any personal and public devices you may use to access Amex Express Checkout. You should keep your User ID and Password and other credentials secure in the same manner as you would keep secure your cash, checks, credit cards, and other personal identification numbers and passwords. You agree to immediately notify us if you suspect fraudulent or abusive activity on your MYCA account.


c. Merchant or Intermediary Use of your Information. 


The choices you make with American Express regarding how we communicate with you are governed by the American Express Privacy Notice and the American Express Online Privacy Statement.  A Merchant’s or an Intermediary’s use of your data, including the method or frequency of communication is subject to the Merchant's or the Intermediary's online privacy statement.


You should review each Merchant’s and Intermediary’s privacy policy and make appropriate choices from among those offered by that Merchant or Intermediary. In particular, you should do so if you decide to save your information with the Merchant and/or an Intermediary (i) when you authorize the Merchant or an Intermediary to place a charge on your Eligible Card as part of the Amex Express Checkout experience; or (ii) as part of the Sign up with Amex or Verify with Amex experiences (as described in “Use of Service” (Section 2)). If you opt in to receiving special offers or promotional emails from a Merchant or an Intermediary, you consent to the use of your information as provided in that Merchant’s or Intermediary’s privacy policy. You can edit or delete your Checkout Data on the relevant Merchant Site by accessing your Merchant account profile.

You acknowledge that American Express and its Vendors have no control over the privacy and data security practices of Merchants or Intermediaries (some of which may have practices that vary considerably from our practices). You agree that American Express and its Vendors shall have no liability to you for any unauthorized use or disclosure of information collected through the Service.


d. Your Feedback and Suggestions. You agree that any feedback or suggestions you provide in connection with the Service, including any survey responses or automatic feedback, will not be protected as confidential, and American Express and its Vendors may use, disclose and provide such feedback and suggestions (including any ideas, concepts, know-how or other intellectual property in and to them) to any third party for any purpose, without restriction and without compensation to you. Notwithstanding the foregoing, any of your personal information obtained in connection with the surveys shall continue to be used and disclosed in accordance with paragraph (a) of this Section 13.


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14. Governing Law; Claims Resolution; Arbitration.


 

These Terms of Use are construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability and interpretation of these Terms of Use will be governed by such laws. These Terms of Use are entered into between you and us in New York.


Each Card Member Agreement contains a Claims Resolution provision with terms regarding binding arbitration. Such provision in your Card Member Agreement for the Eligible Card that you use in connection with the Service governs any claim, dispute or controversy arising out of or relating to these Terms of Use (each, a "Dispute").


Subject to and without limiting such arbitration provision, you expressly agree that exclusive jurisdiction for any Dispute with us resides in the courts of New York, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any Dispute, including any claim involving any Amex Party.


15. Miscellaneous.


a. Contact Information. You may contact us by calling the number on the back of your Eligible Card.


b. License. American Express grants you a limited non-exclusive right and license to use the Service only for your own personal, non-commercial use or if you are a business cardholder for your company's business purposes, in each case in accordance with the terms and conditions of these Terms of Use. You may not assign, sublicense, rent, sell or otherwise transfer all or any portion of the Service to others. You may not use the Service to provide the same or similar services to any third person. Furthermore, you may not use the Service in any manner that could damage, disable, overburden or impair the services provided by the Service (e.g., you may not use the Service in an automated manner), nor may you use the Service in any manner that could interfere with any other party’s use or enjoyment of the Service.


c. Intellectual Property. You acknowledge that American Express, its Vendors and other third parties own all rights, title and interest in and to the Service, and portions thereof, including without limitation all Intellectual Property Rights therein, and that the trademarks, logos and service marks displayed as part of the Service are the property of American Express, its Vendors and other parties. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Service. You also agree to not remove, obscure or alter the copyright notice, trademarks or other proprietary rights notices belonging to American Express and other third parties affixed to, contained within or accessed in conjunction with or through the Service.


d. Waiver. To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to these Terms of Use, the Service or any use thereof.


e. Non-Assignability. You may not assign or transfer these Terms of Use or any of your rights, obligations, duties, responsibilities, or liabilities under these Terms of Use without our prior written consent, and any attempt to the contrary shall be null and void. These Terms of Use shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under these Terms of Use without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.


f. Entire Agreement. These Terms of Use (including all other agreements and policies expressly referenced in these Terms of Use) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter; provided that, for clarity, these Terms of Use do not modify or supersede your Card Member Agreements with American Express for any Eligible Cards.


g. Survival. Sections 7,8 and 10 through 16 will survive any termination or expiration of these Terms of Use.


h. Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of these Terms of Use shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of these Terms of Use, a provision as similar in terms as may be valid and enforceable, if possible.


i. Delay of Rights. We can waive or delay enforcement of any of our rights under these Terms of Use without losing them.


j. Third Party Beneficiaries. There are no third-party beneficiaries to these Terms of Use, except that Affiliates of American Express are third-party beneficiaries of these Terms of Use with the right to enforce its terms.


k. Conflicts. If there is any conflict, ambiguity or inconsistency between these Terms of Use and the American Express Terms of Service or the American Express Online Privacy Statement, then these Terms of Use will control regarding your access to and use of the Service.


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16. Definitions


Affiliate” means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.


Applicable Law” means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes applicable to our or your performance under these Terms of Use, as applicable.


Card” means any physical card, account access device or payment device or service bearing a trademark, service mark or logo owned by American Express or an affiliate of American Express.


Checkout Data” means your data provided to Merchants for the purposes contemplated by this Agreement, which may include your name; last 4 digits of your Eligible Card number; Eligible Card expiration date; alias for your Eligible Card; expiration date of the alias for your Eligible Card; billing address; phone number; email address; and any other information that we may enable and you may authorize to be shared with Merchants as part of the Service from time to time.


Consumer or Small Business Card” means an American Express U.S. Consumer or Small Business credit or charge Card that is not cancelled and that is issued to you by a U.S. banking subsidiary of American Express. A card issued by a third-party partner of American Express (including through the Global Network Services program) is not a “Consumer or Small Business Card”.


Corporate Card” means a charge or credit card that is issued by American Express Travel Related Services Company, Inc. to you, as an employee of a commercial card customer, working in the United States. Single use virtual account numbers such as vPayment from American Express, Buyer Initiated Payment and Business Travel Account programs are not eligible for this Service. .


Eligible Card” means a Consumer or Small Business Card, a Corporate Card or another Card designated by American Express from time to time in its sole discretion. American Express Prepaid Cards (such as American Express® Gift Cards and American Express Serve® Cards) are not “Eligible Cards”.


Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.


Intermediary” means an entity that has entered into agreement(s) with us or entered into an agreement with a Merchant to act as a payment service provider to enable (i) such entity’s acquisition of and, if applicable, payment processing on behalf of, certain Merchants; and (ii) the use of the Service by such Merchants.


"Merchant” means a person or entity who sells goods or services, accepts Eligible Cards, and has entered into an Agreement with us to allow the use of the Service.


"MYCA” or "MYCA account" means the Manage Your Card Account service that provides online account access to your American Express Card, available at www.americanexpress.com/myca.


Service” means one or more of the following, as further described in “About the Service” (Section 1): Amex Express Checkout, Sign up with Amex and Verify with Amex.


Site” means an internet property (including a website, app or widget accessible through a personal computer, mobile device, tablet or other communications technology).


Vendor” means any third party that performs business operations on behalf of American Express, such as printing, mailing, and other communications services (email, direct mail, etc.), marketing, data processing, servicing, collections, or ad management.


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