American Express

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American Express Terms & Conditions For Account Alerts & Text MYAMEX (“Agreement”) Last Modified: November 4, 2014 PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING FOR AND USING THE AMERICAN EXPRESS ACCOUNT ALERTS AND TEXT MYAMEX PROGRAMS (INDIVIDUALLY AND COLLECTIVELY, THE "SERVICE"). BY REGISTERING FOR AND USING THE SERVICE OR BY OTHERWISE INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("AXP", "we" or "us") AND YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES. AXP IS WILLING TO PROVIDE YOU THE SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT COMPLETE YOUR REGISTRATION FOR THE SERVICE, AND/OR YOU MUST STOP USING THE SERVICE. Table of Contents A. Definitions B. No Amendment of Existing Terms and Conditions For Cards C. Text Alerts Details D. Account Alerts by E-mail E. Account Alerts via Facebook F. Fees G. Information H. Availability/Interruption/Termination I. Use of Service/Equipment J. Privacy and Security K. Passwords and Unauthorized Usage L. Changes to this Agreement M. No Warranties/Limitation of Liability N. Indemnity O. Assignment P. Notices Q. Equipment Requirements R. Entire Agreement S. Governing Laws T. Miscellaneous Provisions A.Definitions The Service is provided by us through the facilities of a wireless service provider(s) selected by you ("Wireless Service Provider") or a computer having access to the Internet ("Computer"). A "Content Provider" is a third party content provider to the source. A "Technology Provider" is a third party provider of technology services necessary to operate the Service. "Equipment" means the wireless receiving equipment through which you intend to access and use the Service. "System" means the computer hardware and software owned or operated by AXP or any Technology Provider and used in providing the Service. B.No Amendment of Existing Terms and Conditions For Cards THE NOTIFICATIONS THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THIS SERVICE (INCLUDING VIA E-MAIL OR SHORT MESSAGE SERVICE) ARE FOR CONVENIENCE PURPOSES ONLY. UNLESS SPECIFICALLY STATED OTHERWISE, THE NOTIFICATIONS ARE NOT REAL TIME AND WILL ONLY BE SENT DURING THE TIMES SELECTED BY YOU (IF SUCH OPTION IS AVAILABLE) OR US. THEY DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH THE CARD ACCOUNT(S) FOR WHICH YOU WILL RECEIVE ALERTS (“Designated Card Account(s)”), INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED IN A MONTHLY PERIODIC STATEMENT OR CARDMEMBER AGREEMENT. THIS SERVICE IS PROVIDED TO YOU, AND THIS AGREEMENT IS MADE, PURSUANT TO THE CARDMEMBER AGREEMENT APPLICABLE TO THE DESIGNATED CARD ACCOUNT(S). ALL TERMS AND CONDITIONS OF THE CARDMEMBER AGREEMENT, INCLUDING WITHOUT LIMITATION ANY APPLICABLE ARBITRATION OR DISPUTE RESOLUTION PROVISIONS, APPLY TO YOUR USE OF THE SERVICE UNLESS SPECIFICALLY MODIFIED BY THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT A CARD ACCOUNT OR ITS STATUS (SUCH AS THE CURRENT AVAILABLE CREDIT / SPENDING LIMIT OR THE PAYMENT DUE) YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE OUR ONLINE CUSTOMER SUPPORT AVAILABLE AT THE AMERICAN EXPRESS WEBSITE (http://www.americanexpress.com). C.Text Alerts Details 1.General You may subscribe to receive the Service on your wireless device or other Equipment via short message service, otherwise known as “text messages” (“Text Alerts”)). If you subscribe to any of our Text Alerts (including American Express Account Alerts, via short message service, or Text MYAMEX), you agree to receive text messages from AXP at the mobile number you have provided for such purposes. NOTE: If you edit the mobile number used to receive Account Alerts, this will also modify the number we use to send you Text MYAMEX Text Alerts and you must verify your consent to continue to receive Text MYAMEX Text Alerts or we will discontinue your registration in Text MYAMEX. If you plan to discontinue using a mobile number, and you do not wish to edit your mobile number to continue using the Service, please terminate your use of the Service by replying STOP to any Account Alert you receive from us, or by deleting your mobile number from your Online Account Profile. You may cancel your subscription to all Text Alerts by replying “STOP” to any Text Alert you receive from us, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply “HELP” to any text message you receive from us, or call the toll-free number on the back of your Card. 2.Account Alerts Text Alerts Account Alerts is a subscription service, where you may receive multiple messages, via Text Alerts, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. For example, Account Alerts may include information about payments, spending, rewards and fraud protection. When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time in the Account Alerts tab of the Online Account Profile page on our website or reply "STOP" to any Account Alert you receive from us, but in any event we may send you messages following your request to receive, change or terminate the Service, or change your Online Account Profile information. You understand that your Wireless Service Providers message and data rates may apply to Account Alerts Text Alerts, and may appear on your wireless bill or be deducted from your pre-paid balance. You may cancel your subscription to Account Alerts Text Alerts at any time by logging into your Online Account and changing your preferences, or by replying "STOP" to any Account Alert you receive from us, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive from us, or call the toll-free number on the back of your Card. 3.Text MYAMEX Text MYAMEX is an on-demand Text Alerts service you can use to retrieve Card information (for example, outstanding balance, payment due date, and most recent payment). When you send the appropriate command by text message from your mobile device after successfully enrolling in Text MYAMEX, AXP will reply with an automatic text message with the account information you requested. You understand that your Wireless Service Providers message and data rates may apply to Text MYAMEX Text Alerts, and may appear on your wireless bill or be deducted from your pre-paid balance. You may cancel your enrollment in Text MYAMEX at any time by replying "STOP" to any Text MYAMEX Text Alert you receive, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive, or call the toll-free number on the back of your Card. D.Account Alerts via E-mail If you subscribe to receive Account Alerts via e-mail. you may receive multiple messages, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time in the Account Alerts tab of the Online Account Profile page on our website. You may cancel your receipt of Account Alerts by e-mail by logging into your Online Account and changing your preferences, or by following the instructions in any e-mail you receive. E.Account Alerts via Facebook If you subscribe to receive Account Alerts via Facebook, you may receive multiple notifications, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. In order to subscribe, you must have an active Facebook account and be logged in to such account and allow any permissions requested by the “Amex Account Services“ application on Facebook. When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time (including turning off all Account Alerts via Facebook) in the Manage Preferences tab of the “Amex Account Services“ application on Facebook. F.Fees AXP does not charge for use of the Service or access to the Information (defined below) available as of the date you agree to this Agreement. However, your Wireless Service Provider may levy fees or charges for receipt or sending of messages by your Equipment through the Service, and you are solely responsible for such charges, which may appear on your wireless bill or be deducted from your pre-paid balance. You are also responsible for any fees associated with use of the Equipment and you represent that you are the owner or authorized user of the Equipment that you use to sign up for and to use the Service, and that you are authorized to approve any applicable charges. G.Information We are providing you with access to various types of information through the Service, which may include, without limitation, your account and other financial information directions (the "Information") solely for your own use and not for further redistribution. The Information is AXP's property and is protected by applicable law. AXP reserves any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but AXP and its Technology Providers do not warrant or guarantee such accuracy or timeliness. H.Availability/Interruption/Termination The Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider or a Computer having an active connection to the Internet. Note that Text Alerts may not be available on all Equipment, or through all wireless carriers, and not all functionalities of the Service are available on all Equipment, or through all wireless carriers. ACS Wireless, All West, Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, C Spire Wireless, Cambridge Telecom Coop, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Coral Wireless, Cricket, Custer, DTC Wireless, Duet IP, Eagle Valley Comm, Element Mobile, EpicTouch, Farmers Mutual Telephone Co, GCI Communications, Golden State Cellular, Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, Leaco, Manti, MetroPCS, Mosaic, Nemont, Nex-Tech Wireless, Northwest Missouri Cellular, nTelos, Nucla Nutria Telephone Co, Panhandle Telecommunications, Peoples Wireless, Pine Cellular, Pioneer, Plateau Wireless, Revol Wireless, Silver Star, South Central Comm, Sprint, Sprocket, Syringa, Thumb Cellular, T-Mobile, U.S. Cellular, UBET, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile and West Central Wireless are participating wireless carriers for the Service. The Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays due to conditions on the Internet or due to the Equipment, your Computer or actions of the Content or Technology Providers. You acknowledge that AXP, Content and Technology Providers shall not be liable to you if the Service in a given location is not available. If the Service is not available within your intended location, you agree that your sole remedy shall be to cease using the Service. We have the right to modify or terminate the Service (or any of its features) or this Agreement at any time, for any purpose, without notice to you. I.Use of Service/Equipment You agree not to use the Service for any unlawful or abusive purpose or in any way, which damages AXP's property or interferes with or disrupts the System or other users. Resale of the Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment and Computer are compatible with the Service and System and meets federal standards. J.Privacy and Security Any information provided to AXP by you in association with the Service shall be governed by the AXP Online Privacy Statement posted at http://www.americanexpress.com/privacy and we will endeavor to keep the notifications we send you private, viewable only by you and AXP and, to the extent necessary to deliver the Service, your Wireless Service Provider, the Technology Provider and/or the applicable third-party platform (e.g. Facebook), depending on your enrollment preferences. However, you acknowledge and agree that we shall not be liable for any messages you request while using the Service as they are delivered over facilities not under the control of AXP. Further, you acknowledge and agree that the parts of the Service are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right to access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints. You further acknowledge and agree that by signing up for Account Alerts via Facebook, Facebook may be able to infer from your receipt of Account Alerts via Facebook that you are an AXP Cardmember. Facebook will not be able to see the content of the Account Alerts via Facebook. By granting American Express access to your Facebook public profile, you acknowledge that American Express will store your Facebook user id and use your profile photo to personalize your Account Services experience. You authorize AXP's monitoring and recording of voice calls and text messages to us concerning your account or the Service and consent to AXP's use of automatic dialing equipment to contact you. We have the right to intercept and disclose any messages over AXP's facilities in order to protect AXP's rights or property. AXP may need to look at your messages (including, without limitation, any sent or received in connection with Text Alerts) if we believe it is necessary to protect AXP or others from injury or damage. We reserve the right to take any appropriate action if we become aware of any use of the Service we believe violates any law or is otherwise wrongful. K.Passwords and Unauthorized Usage If the Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Equipment or Computer, without notice to you, if we suspect fraudulent or abusive activity, or for any other reason in our discretion. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate may result in your liability for all fraudulent usage. You are solely and entirely responsible for maintaining the confidentiality of the user ID and password used to manage your Online Account. Furthermore, you are solely and entirely responsible for any and all activities which occur under your Online Account. Any person able to provide the personal information requested by AXP customer support is authorized by you to receive information about the Card account, and to make changes to the Card account. We are not liable for any disclosure of information to any such person or for any changes to the Card account or your Online Account made by any such person. L.Changes to this Agreement We may change or modify this Agreement, from time to time by modifying the “Last Modified” date at the beginning of this Agreement and posting such change or modification on our website at https://online.americanexpress.com/myca/shared/summary/AccountProfile/alerts/html/alertstermsnconds.html. Any modifications to this Agreement will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter. If you do not agree with modified Agreement, you must cease using the Service If you continue to use the Service after a change in the Service or to this Agreement, you agree to such change and its applicability to you. M.No Warranties/Limitation of Liability 1.No Warranties AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, COMPUTER OR SOFTWARE PROVIDED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANTS THE CAPABILITIES OF ANY SUCH EQUIPMENT, COMPUTER OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, SYSTEM, YOUR COMPUTER OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON AXP's BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR YOUR COMPUTER AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. AXP MAKES NO WARRANTY THAT THE SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO AXP OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. AXP OR ITS CONTENT OR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 2.Limitation of Liability for the Service AXP and its parent companies, subsidiaries and affiliates, including their directors, officers and employees (collectively, "AXP Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the Service, (ii) access to the System (iii) your use of any Equipment or Computer in connection with the Service or for Equipment or Computer failure or modification, (iv) the content of Information or other materials included with or accessed via use of the Service, (v) the failure to deliver any notification(s) through the Service, or the delivery of notification(s) at times different than the times that you have designated, (vi) any acts or omissions of any Content or Technology Providers or Wireless Service Providers, (vii) for system failure or modification, or (viii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of AXP or its Content or Technology Providers. AXP COMPANIES OR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AXP AND/OR ITS CONTENT OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 3.Limitation of Action NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES. 4.Maximum Liability NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF AXP FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, AXP'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 5.Survival THIS PARAGRAPH M SHALL SURVIVE TERMINATION OF THIS AGREEMENT. N.Indemnity You agree to indemnify and hold the AXP Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Service or System (or the Service or System by persons using your password, your account or your Computer or Equipment) or your violation of this Agreement. This Paragraph M shall survive termination of this agreement. O.Assignment We may assign all or part of AXP's rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without AXP's prior written consent. This Agreement is for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder. P.Notices Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in AXP's files or immediately upon transmission of an e-mail to you at the e-mail address kept in AXP's files. Your notice must specify your name and Equipment address registered to access the Service. We will not give you notice of any subpoenas or court orders related to your account or use of the Service unless required by law. Q.Equipment Requirements In order to access AXP agreements and communications electronically, you must have a personal computer or Equipment equipped with a 128-bit JavaScript enabled Browser, Internet access, and a valid e-mail account supported by software to enable you to receive e-mail messages. In order to store AXP agreements and communications made electronically, you need to have a printer connected to your computer so that you can print such agreements or communications, or you need to have a hard drive or disk drive to download such agreements or communications electronically. You hereby attest that you have the required computer hardware and software. R.Entire Agreement This Agreement, along with the terms and conditions of the Cardmember Agreement(s) applicable to the Designated Card Account(s), which are incorporated in this Agreement by reference, represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. S.Governing Laws Notwithstanding the terms and conditions of the Cardmember Agreement(s) applicable to the Designated Card Account(s), this Agreement is subject to applicable federal laws and the laws of the State of New York, without regard to its conflicts of law principles. T.Miscellaneous Provisions This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees from the other party.