Last Modified: September , 2016
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.
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.
a. Use of the Service. To use the Service you must meet the "Eligibility" (Section 3) requirements below. In addition:
(i) Amex Express Checkout
(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.
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.
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.
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.
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.
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.
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.
In connection with your use of the Service, you agree that you will not:
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.
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 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 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.
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.
a. Contact Information. You may contact us by calling the number on the back of your Eligible Card.
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.
“Affiliate” means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.
“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.