Last Modified: March 1, 2019
American Express Company, its subsidiaries and affiliates ("American Express", “we”, “our”) requires that all visitors to our website(s), mobile application(s) or other digital properties and services (each, a "Site") adhere to the following rules and regulations. By accessing a Site you indicate your acknowledgment and agreement to these terms and conditions.
1. LAWS AND REGULATIONS
User access to and use of any Site is subject to all applicable international, federal, state and local laws and regulations.
The trademarks, logos and service marks ("Marks") displayed on the Sites are the property of American Express and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages, websites or digital properties without the written permission of American Express or such third party which may own the Marks. All information and content including any software programs available on or through a Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.
3. HYPERLINKING TO OTHER WEBSITES
THE SITES MAY PROVIDE LINKS TO OTHER WEBSITES OR DIGITAL PROPERTIES TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO A SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). AMERICAN EXPRESS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT AMERICAN EXPRESS HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND AMERICAN EXPRESS URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
4. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITES, OR OBTAINED FROM A LINKED SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
AMERICAN EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A SITE BY ANY PARTY OTHER THAN AMERICAN EXPRESS, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AMERICAN EXPRESS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH A SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
5. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON A SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AMERICAN EXPRESS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. AMERICAN EXPRESS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON ITS SITES IS COMPLETE OR UP-TO-DATE. AMERICAN EXPRESS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON ITS SITES. AMERICAN EXPRESS MAY CHANGE THE CONTENT ON ITS SITES AT ANY TIME WITHOUT NOTICE. AMERICAN EXPRESS MAY MAKE IMPROVEMENTS OR CHANGES TO ITS SITES AT ANY TIME.
YOU AGREE THAT AMERICAN EXPRESS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS SITES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE ITS SITES OR A LINKED SITE, EVEN IF AMERICAN EXPRESS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITES.
6. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITES
YOU AGREE THAT AMERICAN EXPRESS IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. AMERICAN EXPRESS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
7. CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law and in accordance with the American Express Internet Privacy Statement, [view American Express Internet Privacy Statement]. American Express will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to American Express. Postings by a user on any message board or in any chat room will not be protected as confidential and American Express may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by American Express.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
8. YOUR CONTACT WITH ADVERTISERS
Your dealings or correspondence with, or participation in promotions of, advertisers found on or through its Sites (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. American Express makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that American Express will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on a Site.
9. LINKED INTERNET SITES
American Express prohibits caching, unauthorized hypertext links to the Sites and the framing of any Content available through its Sites. American Express reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other websites or digital properties linked to a Site. Access to any other Internet sites linked to a Site is at the user's own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
UNLESS OTHERWISE STATED, ALL USE OF LINKED SITES IS GOVERNED BY THE LINKED SITE’S TERMS AND CONDITIONS AND SUBJECT TO ITS PRIVACY AND SECURITY POLICIES AND PRACTICES.
10. NO INVESTMENT ADVICE OR OFFERS
Nothing in the Sites constitutes investment advice, including American Express' filings with the Securities and Exchange Commission. American Express provides investor relations materials for convenience and information only. In addition, investor relations materials and other Site content are not offers to sell or solicitation of an offer to buy any security.
11. FORWARD LOOKING INFORMATION
Certain information on the Sites contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. American Express undertakes no obligation to update publicly or revise any forward-looking statements. Important factors that could cause actual results to differ materially from the company's forward-looking statements are described in American Express' periodic reports, including the Annual Report on Form 10-K, quarterly reports on Form 10-Q filed with the Securities and Exchange Commission and the Annual Report to Shareholders. Please click here to view such factors contained in American Express' latest Form 10-K.
12. PRESS RELEASES
All press releases and other materials presented or released to the financial community that are contained on the Sites were, to the best of American Express' knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. American Express has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Sites.
American Express is under no obligation to review any messages, information or content ("Postings") posted on the Sites by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, American Express may from time to time monitor the Postings on the Sites and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind. [Note - This is not applicable for those Sites with message boards containing classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of American Express purporting to speak on behalf of American Express or containing confidential information or expressing opinions concerning American Express.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
14. TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing American Express with any personal or proprietary user information through the Sites, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with American Express' standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
View American Express Internet Privacy Statement.
15. CHANGES TO THESE TERMS OF SERVICE
American Express reserves the right to revise these Terms of Service at any time and users are deemed to be apprised of and bound by any changes to these Terms of Service. American Express will indicate that changes to these Terms of Service have been made by updating the date indicated after "Last Modified" at the end of these Terms of Service. Your continued use of the Sites after that date constitutes your agreement to the revised modified Terms of Service.
16. VIOLATIONS OF RULES AND REGULATIONS
American Express reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address or user to a Site.
17. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
18. USE OF "COOKIE" FILE FEATURES
View American Express Internet Privacy Statement, "about Cookies".
19. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT
American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright. Notices to American Express regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Organization Attn.: Technology Counsel at firstname.lastname@example.org.
20. JURISDICTION/GOVERNING LAW
Users of this Sites agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles.
21. TRAVEL RELATED SERVICES
Please be aware that additional notices, terms and conditions regarding travel related services, products and content available on or through the Sites are incorporated herein by reference. View Important Travel Notices, Terms and Conditions
22. NOTIFICATION TO AMERICAN EXPRESS REGARDING SALES OVER THE INTERNET OF ILLEGITIMATE PRODUCTS
Merchants must not accept American Express Cards for sales of products over the Internet that would constitute a violation of copyright or trademark laws applicable to the merchant or Cardmember (such copyright-infringing or counterfeit trademark products, collectively, "Illegitimate Products").
You may notify American Express regarding sales by merchants of alleged Illegitimate Products by completing this Notice Form and sending it by email to email@example.com. The form must be submitted by a person or entity having the legal standing and authority to assert the applicable copyright or trademark right concerning the products (a "Rights-Holder").
Trademarks and Service Marks
The following are trademarks and service marks of American Express Company, its subsidiaries and/or affiliates which may appear on the Sites. This is not a comprehensive list.