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TERMS OF USE FOR AMEX EXPRESS CHECKOUT

Last Modified: November 16, 2017



These Terms of Use for Amex Express Checkout (these “Terms of Use” ), govern your use of the Service (as defined below). These Terms of Use are a legally binding agreement between you (“you ”) and American Express Travel Related Services Company, Inc. (“Amex ”).


PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE ACCESSING OR USING THE SERVICE. YOUR CONTINUED USE OF THE SERVICE CONFIRMS YOUR ONGOING ACCEPTANCE OF THE LAST MODIFIED VERSION OF THESE TERMS OF USE.


In addition to these Terms of Use, your access to and use of the Service will be subject to the American Express Terms of Service, the American Express Online Privacy Statement, other applicable American Express terms and policies and Applicable Law (as defined below). 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. Amex Express Checkout (the “Service”) is a service that facilitates your purchases of goods and services on select Merchant Sites by enabling you to use your www.americanexpress.com account (“Amex Account”) User ID and Password (“Credentials”) to autofill your Checkout Data on such Merchant Sites. For some Merchants, the Service enables you to add an Eligible Card as a payment option in your account with the Merchant. For the purposes hereof:


  • Checkout Data” means information provided to Merchants to enable the Service in accordance with these Terms of Use, including your name; last 4 digits of your Eligible Card number; Eligible Card expiration date; a token for your Eligible Card; expiration date for such token; billing address; phone numbers; and email address.
  • Eligible Card” means a Consumer or Small Business Card, a Corporate Card or another Card designated by Amex from time to time in its sole discretion, in each case that is registered with your Amex Account. American Express Prepaid Cards (such as American Express® Gift Cards and American Express Serve® Cards) are not “Eligible Cards”.
  • Card” means any physical card, account access device or payment access device or service bearing a trademark, service mark or logo owned by Amex or a person or entity that directly or indirectly controls, is controlled by, or is under common control with Amex, including Amex’s subsidiaries (an “”Affiliate””).
  • 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 Amex. A Card issued by a third-party partner of Amex (including through the Global Network Services program) is not a “Consumer or Small Business Card”.
  • Corporate Card” means a charge card 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 and Business Travel Account programs are not eligible for the Service.
  • Merchant” is: (i) a person or entity that sells products or services, accepts Eligible Cards, and has entered into an agreement with Amex to enable the Service; and (ii) a service provider for such person or entity.
  • Merchant Site” means an internet property (including a website, app or widget accessible through a personal computer, mobile device, tablet or other communications technology) owned or controlled by a Merchant.

 

 

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2. Use of the Service


a. Eligibility.To use the Service, you must: (i) be a legal resident of the United States, its territories, commonwealths and possessions (the “Territory”); (ii) be a holder of a valid Eligible Card, with an Eligible Card account in good standing; (iii) have registered with your Amex Account each Eligible Card that you wish to use with the Service; (iv) be 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) be capable of entering into a legally binding agreement with Amex. Certain Merchants require you to have an active Merchant account with them in order to use the Service. Corporate Cards must be used in accordance with your company policy.


b. Use of the Service. You may use the Service as follows:

  • Click or tap the “Amex Express Checkout” button (or a similarly identified button or link) on a Merchant Site. This button or link will navigate you to an Amex-hosted browser or mobile application page where you can log into your Amex Account by entering your Credentials. 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 your Amex Account each time you use the Service on this device. If you have multiple Eligible Cards registered with your Amex Account, you will be asked to choose the Eligible Card you wish to use for the selected transaction.
  • If you check out in a Merchant’s mobile application and have enabled Touch ID for the Service (available for Apple devices and in certain Merchant mobile applications only), you may have the option to scan your fingerprint instead of entering your Credentials to check out. The Eligible Card you selected when you enabled Touch ID will be used for processing the selected transaction.
  • Amex may require that you enter a Card ID (CID) for the Eligible Card you wish to use or that you authenticate yourself in another manner. When you do so and click or tap the “OK” button (or a similarly identified button or link), you will authorize and direct Amex to provide your Checkout Data to the Merchant to process the transaction.
  • Amex will autofill your Checkout Data on the Merchant Site and you will proceed to complete the checkout experience on the Merchant Site. Your purchase will be complete when you authorize the Merchant to place a charge on your Eligible Card.
  • All transactions completed using the Service will begin with “CHKOUT” on your Amex billing statement.

c. Default Cards.


d. On certain Merchant Sites, you may designate an Eligible Card as a default payment method in your Merchant account. Please see “ Your Privacy; Confidentiality and Disclosure of Information” (Section 10) to learn more about Merchant use of your information. If you wish to change your default payment method in a Merchant account, please follow the instructions on the Merchant Site or contact the Merchant in another manner. Liability for Goods or Services Paid for Using the Service. Except as required by any local, state, federal, and foreign laws, regulations, ordinances, or statutes applicable to Amex’s or your performance under these Terms of Use, as applicable (“Applicable Law”) or where Amex is the Merchant from whom you purchase goods or services, in addition to “Disclaimer of Warranties” (Section 8) and “Limitation and Exclusions of Liability” (Section 9) below, you agree as follows:

  • Amex is not responsible for any products or services purchased using the Service. You must resolve any problem with any such goods or services directly with the Merchant.
  • Amex has no discretion to alter, update or control Merchant Sites or the products, services, content, or business practices of a Merchant. You must refer to each applicable Merchant Site or contact the Merchant in another manner for any terms, conditions and restrictions relating to a purchase, including privacy statements, guarantees, warranties, shipping, delivery, taxes, processing of returns or cancellations.
  • The fact that the Service works with a Merchant Site does not mean that Amex endorses, recommends, authorizes or sponsors such Merchant, or any of the Merchant’s products, services, business practices or the Merchant Site content.
  • Where Amex is the Merchant from which you purchase products or services (e.g., you purchase American Express Gift Cards from Amex), the purchase will be governed by the applicable terms of sale.

e. System Requirements. In order for you to access and use the Service, you must have access to a 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 and for ensuring that the foregoing meet these minimum requirements for your access to and use of the Service. Any such third-party software, hardware or services are the sole responsibility of the applicable third party, and your use of the foregoing is subject to the terms, conditions, warranties and disclaimers provided by such third party. You acknowledge that the fact that the Service is compatible with an internet browser, computing or communications device in no way constitutes Amex’s endorsement, authorization, sponsorship or affiliation by or with the provider of such technology or product.


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3. Touch ID


Amex may offer you an option to enable Touch ID for the Service in select Merchant mobile applications on certain Apple devices. Touch ID can only be associated with one Amex Account User ID at a time on a device, and an Amex Account User ID can be used on up to two (2) devices at a time. You acknowledge that when Touch ID for the Service is enabled on a device, anyone with a fingerprint stored on that device will be able to charge purchases to your Eligible Card using the Service. Amex cautions you against storing fingerprints of others on your device. If you do, only store fingerprints of individuals authorized to use your Eligible Card accounts to make purchases. Please note that Amex 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 for the Service 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 device. Amex reserves the right to suspend or disable this feature at any time.


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4. Changes to the Service; Suspension or Termination.


The form, nature, features and functionality of the Service may change or be updated or upgraded from time to time, without prior notice to you and in Amex’s sole and absolute discretion. To the extent any such changes in or updates or upgrades require changes to these Terms of Use, such changes will be governed by “Changes to these Terms of Use” (Section 7) below. Amex may suspend, discontinue, disable or terminate any and all aspects or features of the Service and your access to the Service, without prior notice to you and in Amex’s sole and absolute discretion. Without limiting the foregoing, these Terms of Use (and your access to the Service) will terminate automatically if: (i) the Service is discontinued for any reason; or (ii) all Eligible Card accounts you have registered with your Amex Account are terminated or suspended for any reason.


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5. Fees


Amex does not currently charge you a fee for the Service; however, Amex reserves the right to do so in the future. You acknowledge that you are solely responsible for any fees charged by all third-party software, hardware and services that you use in connection with the Service, including fees charged by your telecommunications, broadband and/or wireless carrier.


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6. 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 6 or permit others to do so, or engage in any activities that Amex believes are not permitted by these Terms of Use or Applicable Law, Amex may, in its sole and absolute discretion, and without waiving any of its rights in each instance, suspend, disable, terminate or limit your use of and access to the Service.

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7. Changes to these Terms of Use


Amex reserves the right, in its sole and absolute discretion, to change these Terms of Use at any time without prior notice to you and in Amex’s sole and absolute discretion. After any change, Amex 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 Amex’s 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 access to and use of the Service after such posting constitutes your express acceptance of such changes.


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8. 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 OF ANY KIND, EXPRESS OR IMPLIED. AMEX AND THE AMEX PARTIES (AS DEFINED BELOW) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMEX AND THE AMEX PARTIES FURTHER DISCLAIM ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. AMEX AND THE AMEX PARTIES DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, 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 AMEX NOR THE AMEX PARTIES 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 AMEX, THE AMEX PARTIES, OR ANY THIRD PARTIES WILL CREATE A WARRANTY. The laws of certain states or other jurisdictions may not allow parties to disclaim certain warranties. If these laws apply, some or all of the above disclaimers, 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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9. Limitation and Exclusions of Liability


UNDER NO CIRCUMSTANCES WILL AMEX, ITS AFFILIATES, AGENTS, EMPLOYEES, SERVICE PROVIDERS OR REPRESENTATIVES (EACH, AN “AMEX PARTY” AND COLLECTIVELY WITH AMEX, THE “AMEX PARTIES”) OR AMEX’S SERVICE PROVIDERS BE LIABLE TO YOU FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING 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 OF THE SERVICE, HOWEVER CAUSED, REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF AMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). MOREOVER, NO AMEX PARTY WILL 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 WILL 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 WILL OPERATE SO AS TO EXCLUDE OR LIMIT AMEX’S OR AMEX PARTIES’ 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 such 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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10. 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 Amex’s 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, you authorize and direct Amex to provide your Checkout Data to Merchants to process your transactions on the Merchant Sites. Your Eligible Card will not be charged until you confirm and complete your purchase on each applicable Merchant 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.


You agree that Amex 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) enforce these Terms of Use; (ii) respond to claims that any content violates the rights of third parties; (iii) respond to your requests for customer service; (iv) provide the Service; or (v) protect the rights or property of Amex or the rights, property, or personal safety of users of the Service or the public.


c. Merchant Use of your Information. 


A Merchant’s use of your information, including Checkout Data and the method and frequency of communication, is subject to the Merchant’s privacy policy. You should review each Merchant’s privacy policy and make appropriate choices from among those offered by that Merchant. In particular, you should do so if you decide to save your information with the Merchant when you authorize the Merchant to place a charge on your Eligible Card as part of the Service.


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


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 the Service. You should keep your Credentials 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. Call us immediately using the telephone number printed on the back of your Eligible Card if you believe your device or Credentials have been lost, stolen or compromised in any way, an unauthorized person has used or may use your Credentials without authorization or if you suspect fraudulent or abusive activity.


d. Changes to Checkout Data. You can edit or delete your Checkout Data on the relevant Merchant Site by following instructions on such Merchant Site or by contacting the Merchant in another manner.


e. 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 Amex 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 surveys will continue to be used and disclosed in accordance with paragraph (a) of this Section 10.


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11. Governing Law


 

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 Amex in New York.


12. Miscellaneous.


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


b. Intellectual Property. You acknowledge that Amex and other parties own all rights, title and interest in and to the Service, and portions thereof, including all intellectual property rights therein, and all modifications, adaptations, improvements and derivative works thereof, and that the trademarks, logos and service marks displayed as part of the Service are the property of Amex and other parties. You will not 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 will not remove, obscure or alter the trademarks, copyright notices or other proprietary rights notices belonging to Amex or third parties and accessed through the Service.


c. 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.


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


e. Survival. Any provision of these Terms of Use that governs performance subsequent to termination or expiration of these Terms of Use will survive such expiration or termination.


f. 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 another provision hereof will not be affected, and, in lieu of such invalid or unenforceable provision, there will be added automatically, as part of these Terms of Use, a provision as similar in terms as may be valid and enforceable.


g. Delay of Rights. Amex can waive or delay enforcement of any of its rights under these Terms of Use without losing them.


h. Third Party Beneficiaries. There are no third-party beneficiaries to these Terms of Use, except that: (i) Affiliates of Amex are third-party beneficiaries of these Terms of Use with the right to enforce its terms; and (ii) the Amex Parties are third-party beneficiaries of these Terms of Use to the extent of their rights to enforce the applicable disclaimers set forth herein.


i. 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.


j. Entire Agreement. These Terms of Use set forth the entire understanding and agreement between you and Amex, whether written or oral, with respect to the subject matter hereof and supersede 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 Amex for any Eligible Cards.



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