2. Authority and Capacity.  

You represent, warrant and covenant that you:  

(i) are at least 18 years old and have every right to contract in your own name, and 
(ii) have the power, authority and capacity to agree to these Terms of Use.  

To the extent you are accessing or using the Service for your business, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of your business and that your actions are and shall be deemed to be authorized actions on behalf of your business. 

You agree not to use the Service to the extent doing so would result in your breach of an obligation to a third party (e.g. your employer prohibits use of such a service on its equipment or through its network).

3. Additional Terms.  

In addition to these Terms of Use, you also agree to be bound by the American Express Terms of Service (a/k/a Website Rules and Regulations) applicable to the country where you are using the Service (as listed below) (collectively with these Terms of Use, the “Agreements”) and your use of the Service, and any information collected from or about you during or through your use of the Service, is subject to the American Express Online Privacy Statement applicable to the country where you are using the Service (as listed below).

United States: Terms of Service, Online Privacy Statement

United Kingdom²: Terms of Service, Online Privacy Statement

Australia: Terms of Service, Online Privacy Statement

New Zealand: Terms of Service, Online Privacy Statement

Canada: Terms of Service, Online Privacy Statement

Singapore: Terms of Service, Online Privacy Statement

Hong Kong: Terms of Service, Online Privacy Statement

Mexico: Terms of Service, Online Privacy Statement

Italy: Terms of Service, Online Privacy Statement

France: Terms of Service, Online Privacy Statement

Spain: Terms of Service, Online Privacy Statement

Germany: Terms of Service, Online Privacy Statement

In the event of a conflict among or between these Terms of Use, the American Express Terms of Service and the American Express Online Privacy Statement, the order of precedence for resolving such conflict shall be: first, these Terms of Use, then the American Express Online Privacy Statement, then the American Express Terms of Service.

4. Third Party Software, Hardware and Services.  

You (and not American Express) are responsible for all your and any third-party software, hardware and services used in connection with the Service. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Service, are the sole responsibility of you and/or 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, and not these Terms of Use.

5. Changes to the Service/Violation of Terms of Use.  

You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis, without prior notice to you. We may suspend or discontinue the Service at any time in our sole discretion. If we have reason to believe you have violated these Terms of Use or any applicable law or regulation, we may refuse you access, or suspend or terminate your access, to the Service or any of its resources without notice and/or take other remedial actions.

6. Unauthorized Access/Use and Fraud Investigations.  

We have the right to interrupt or restrict use or access to the Service, without notice to you, if we suspect fraudulent or abusive activity. You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage. 

7. Alternative Dispute Resolution.  ³

(A) Procedures: You and American Express agree that any and all disputes, claims or controversies arising out of or related to your use of the Service, these Terms of Use, any other related or prior agreement that you may have had with American Express or the relationships resulting from your use of the Service, these Terms of Use or any prior agreement, including without limitation the validity, enforceability or scope of this Arbitration section, these Terms of Use or any prior agreement and any claims under any statute or regulation ("Disputes"), shall be submitted first to non-binding mediation. If the Disputes are not resolved through mediation, the Disputes then shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA"). 

(B) Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between you and American Express alone, and is subject to the Limitations of Liability set forth in the Agreements. Furthermore, Disputes brought by either you or American Express against the other party may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph B of this Alternative Dispute Resolution section be stricken from these Terms of Use or deemed otherwise unenforceable, then this entire Alternative Dispute Resolution section shall be stricken from these Terms of Use. This Alternative Dispute Resolution section shall survive termination of the Service or your use of the Service. 

(C) Enforcement: The provisions of this Alternative Dispute Resolution section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered. 

(D) Costs of Arbitration Proceedings: The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules, except that American Express will be responsible for paying all arbitration fees in connection with any Dispute it commences in arbitration or compels to arbitration.

8. Changes to Terms of Use.  

American Express reserves the right to revise these Terms of Use at any time. Upon modification, American Express will update the date indicated after "Last Modified" at the beginning of these Terms of Use. You should carefully review these Terms of Use each time you use the Service. 

If you do not agree with the current or modified terms, however, you must immediately cease using the Service. Your use of the Service after changes have been made to these Terms of Use constitutes your agreement to be bound by these Terms of Use as modified.

9. UK Co-Browse Terms of Use.  

(i) By clicking “I Agree, Start Session”: 

  a) you accept these Terms of Use; and 

  b) you authorise American Express Travel Related Services Company, Inc. its subsidiaries and affiliated companies (“American Express”, “We” or “Our”) to view and access your web session (“Co-Browse session”) remotely to help you navigate our website so that we can assist with your customer service query. 

(ii) We can amend these Terms of Use at any time so you should carefully review the terms each time you use Co-Browse. 

(iii) During the Co-Browse session, your CCP will be able to view all your activity at americanexpress.com. We will not collect or store any information during your Co-Browse session other than your browsing activity at americanexpress.com, such as the pages you view and how long you stay. This information will be anonymous and used solely for the purpose of facilitating our assistance with your query. Please visit our Online Privacy Statement for more information. 

(iv) You can end the Co-Browse session at any time by clicking on the "X" button, or by closing your browser window. 

(v) We can end your Co-Browse session at any time. 

(vi) If you don’t use the Co-Browse session continuously, we will end your session after a short period of inactivity.