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Terms and Conditions
The INSIDE® Rewards program from American Express ("AMEX", "we" or "us").
IMPORTANT NOTICE
We reserve the right to add to and/or change the INSIDE® Rewards Program
("Program") Terms & Conditions at any time. This means, for example, that
we may change the number of points earned for spending, the number of points
required to redeem rewards, impose caps and/or fees on earning and/or redeeming
points, increase the annual and/or other Program fees and/or cancel rewards. In
addition, we reserve the right to terminate the Program with three months’
prior notice. During the three-month notice period, we may change or cancel
some or all of the then-current rewards. The Cardmember’s ("you", "your" or
"CM") right to earn points and redeem accumulated points will terminate three
months after we give you this notice.
There is no annual fee for participation in the Program.
The Program is available only to holders of the INSIDE® Rewards cards. Card
eligibility is subject to change. A Card account must be billed in U.S. dollars
from an AMEX Operations Center in the U.S. to be eligible for the Program.
Additional CMs on a Basic Card account may not enroll in the Program on their
own. If Additional CMs wish to participate in the Program, they must apply and
be approved for a Basic Card, then apply for enrollment in the Program.
Each CM enrolled in the Program will accrue one point in their Program account
for every eligible dollar charged and billed on their Card account provided the
Card account is in good standing. Good standing is defined as the minimum due
on the account is paid on time and that the account is not in default. CMs will
accrue two points in their Program account for every eligible one dollar
charged in the U.S. at dining establishments and movie theatres. CMs will also
accrue two points for every eligible dollar charged in the U.S. for cell phone
service, cable and satellite television service, Internet Service Provider
(ISP) dial up service, gym memberships and magazine and newspaper
subscriptions.
Points accrued in your Program account for any given year will be carried
forward on each enrollment date anniversary, provided all other conditions set
forth herein have been met.
You will not accrue points in your Program account for the following: Savings,
Cash Advance Services and Balance Transfers; Privileged Assets® and Express
Cash; AMEX Travelers Cheque and AMEX Gift Cheque Purchases; Cash Advances; Fees
and Interest; Charges for Dishonored Checks; Finance Charges—including Line of
Credit Finance Charges, Sign & Travel Account Finance Charges, Extended
Payment Option Finance Charges, Business Payment Option Finance Charges and
Eligible Optima Card Finance Charges; Delinquency Charges; Program annual fees;
Card account annual fees; fees for Enrollment-Based CM Services.
Points accrued in any Program account do not constitute property of the CM.
Credits posted to your Card account, including those arising from returned
goods or services, will reduce the points accrued in your Program account.
If a credit posted to your Card account reduces the Program account balance
below the minimum required to redeem a reward, we reserve the right to decline
your request to redeem a reward.
You can earn INSIDE® Rewards points for every purchase you make,
even if that purchase is made in a location not associated with the city on
your actual Card.
You can earn double INSIDE® Rewards points for city essentials, which include
purchases for dining, movie tickets, cell phone service, cable and satellite TV
service, internet service, gym and health club memberships, and newspaper and
magazine subscriptions.
You can redeem points for rewards in any city in which American Express has
issued Cards that currently participate in the INSIDE® Rewards program, which
is subject to change.
You may purchase points in 1,000-point increments for $25 per 1,000 points,
which will be billed on your Card account.
You may purchase a maximum of 500,000 points per calendar year.
You may purchase points only for your own Program account.
Points purchased are subject to all other Program Terms & Conditions
applicable to points generally, including those concerning point forfeiture.
CMs may not convert points from the Program account to any other rewards
program other than INSIDE® Rewards.
CMs may not convert points from any other rewards program to the Program
Account.
CMs may not sell points to any other party
CMs who have had a Program Account in good standing for a minimum of six months
may transfer points into another CM’s eligible INSIDE® Rewards account. CMs
whose account is not in good standing may not transfer points.
To initiate a point transfer, CMs must call customer service. Point transfers
may not be initiated online.
To transfer points, the transferring CM must have the name and INSIDE® Rewards
account number, card account number, or social security number of the CM to
whom points will be transferred.
CMs must transfer a minimum of 1,000 points per transaction and may transfer a
maximum of 40,000 points per transaction.
Once the point transfer is completed, it cannot be reversed by the CM who
transferred points to another CM’s account
If for any reason we cancel your Card account (including because of your death,
bankruptcy or insolvency), any points accrued in your Program account will be
forfeited. If we reinstate the Card account within one year of cancellation,
any points accrued in your Program account may be redeemed for a reward,
provided all other conditions set forth herein have been met.
If you voluntarily cancel your Card account, all points accrued in the Program
account will be forfeited immediately. All rewards
are subject to availability. Certain rewards are available only during the time
periods described in the Program communications. Certain restrictions apply to
rewards. Terms & Conditions of each reward are set forth in Program
communications and/or on the Certificates. Merchants participating in the
Program are subject to change. Some Rewards have limited availability.
Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable or
transferable for cash, credit, other rewards or points under any circumstances.
By redeeming rewards, you release AMEX and its parent, subsidiaries and
affiliates from any and all liability regarding the redemption or use of
rewards or other participation in the Program.
Rewards must be redeemed in accordance with Program communications. AMEX and
participating merchants are not responsible for replacing lost, stolen or
mutilated Certificates or tickets.
We reserve the right to modify or cancel any reward at any time.
Any additional travel or accommodation arrangements made in connection with any
reward will be your sole responsibility. Some rewards and/or Certificates
require an additional charge for shipping and handling.
All rewards are subject to availability. Certain rewards are available only
during the time periods described in the Program communications. Certain
restrictions apply to rewards. Terms & Conditions of each reward are set
forth in Program communications and/or on the Certificates. Merchants
participating in the Program are subject to change. Some Rewards have limited
availability.
Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable or
transferable for cash, credit, other rewards or points under any circumstances.
By redeeming rewards, you release AMEX and its parent, subsidiaries and
affiliates from any and all liability regarding the redemption or use of
rewards or other participation in the Program.
Rewards must be redeemed in accordance with Program communications. AMEX and
participating merchants are not responsible for replacing lost, stolen or
mutilated Certificates or tickets.
We reserve the right to modify or cancel any reward at any time.
Any additional travel or accommodation arrangements made in connection with any
reward will be your sole responsibility.
Some rewards and/or Certificates require an additional charge for shipping and
handling
Rewards must be redeemed in accordance with Program Communications. We and
participating merchants are not responsible for replacing lost, stolen or
mutilated Certificates or Gift Cards.
Certificates and Gift Cards may be combined unless otherwise indicated, but
Certificates and Gift Cards may not be combined with any other promotional
offers from American Express or the participating retailer.
Certificates and Gift Cards are generally valid for six months from date of issuance,
unless otherwise indicated. Expiration for Gift Cards can vary by merchant.
Certificates and Gift Cards are valid at participating merchants only through
the expiration date printed on the front of the Certificate or Gift Card receipt.
Certificates and Gift Cards must be surrendered at redemption. No photocopies
of Certificates or Gift Cards will be honored.
Acceptance of the Certificate or Gift Card is the sole responsibility of the
participating merchant, not American Express.
Certificates and Gift Cards are not valid toward previous purchases and cannot
be used as payment on existing account balances with either the participating
merchant or American Express.
Certificates and Gift Cards have no cash value and may not be redeemed for
cash or its equivalent, and any unused portion will not be returned as cash
unless a Certificate stated otherwise.
Certificates and Gift Cards’ point value cannot be redeposited into your INSIDE®
Rewards account once issued.
Certificates and Gift Cards are transferable unless otherwise noted in
the Certificate or Gift Card Terms and Conditions.
Expedited delivery of a Certificate and Gift Card may be available upon
request. There is a fee associated with this service.
Certificates and Gift Cards are void where prohibited by law.
Unless otherwise stated in the Certificate or Gift Card terms and conditions,
reward redemptions do not include any federal, state or local taxes,
which are your sole responsibility at time of the redemption.
Use of any Certificate or Gift Card is subject to any additional restrictions
which may be listed in the Certificate or Gift Card terms and conditions.
If applicable, Certificate and Gift Card rewards do not include gratuities.
Reward packages are subject to availability. Some restrictions may apply
regarding location. Unless otherwise noted, all gratuities and taxes are
included in the point value of the package.
Fraud or abuse relating to the accrual of points or redemption of rewards may
result in forfeiture of accrued points as well as cancellation of your Program
account and any AMEX Card account.
The program is intended to be a service provided to an individual, not a
company. It is therefore considered fraudulent and abusive for any individual
or company to direct, encourage or allow a Corporate CM or other individuals to
use a single Corporate Card account for the purpose of accumulating INSIDE®
Rewards points for company use.
All questions or disputes regarding eligibility for the Program, eligibility of
points for accrual, conversion of points or redemptions of rewards will be
resolved by AMEX at its sole discretion.
The determination of tax liability for any federal, state or local taxes (as
may be applicable) arising out of the accrual or conversion of points or
redemption of rewards in the Program shall be your sole responsibility.
We are not responsible for typographical errors and/or omissions in these Terms
& Conditions.
These Terms & Conditions supersede all previous INSIDE® Rewards program
brochures and Terms & Conditions.
These Terms & Conditions are governed by and construed under the laws
(excluding conflicts of law provisions) of New York.
This Arbitration section sets forth the circumstances and procedures under
which Claims (as defined below) may be arbitrated instead of litigated in
court.
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As used in this Arbitration section, the term "Claim" means any claim, dispute
or controversy between you and us arising from or relating to your
participation in the Program, these Terms & Conditions, any other related
or prior agreement that you may have had with us or the relationships resulting
from your participation in the Program, these Terms & Conditions or any
prior agreement, including the validity, enforceability or scope of this
Arbitration section, these Terms & Conditions or any prior agreement.
"Claim" includes claims of every kind and nature, including but not limited to
initial claims, counterclaims, cross-claims, third-party claims and claims
based upon contract, tort, fraud and other intentional torts, statutes,
regulations, common law and equity. "Claim" also includes claims by or against
any third party using or providing any product, service or benefit in
connection with the Program if and only if such third party is named as a
co-party with you or us (or files a Claim with or against you or us) in
connection with a Claim asserted by you or us against the other. The term
"Claim" is to be given the broadest possible meaning that will be enforced and
includes, by way of example and without limitation, any claim, dispute or
controversy that arises from or relates to (a) the Program account or any point
balances on the Program account, (b) advertisements, promotions or oral or
written statements related to the Program or any reward or (c) the redemption
for and use of any reward. We shall not elect to use arbitration under this
Arbitration section for any Claim that you properly file and pursue in a small
claims court in your state or municipality as long as the Claim is individual
and pending only in that court. As used in this Arbitration section, “you” or
"us" also includes any corporate parent, wholly or majority-owned subsidiaries,
affiliates, licensees, predecessors, successors, assignees and all agents,
employees, directors and representatives of any of the foregoing, and other
persons referred to above in the definition of "Claim".
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Any Claim shall be resolved, upon the election by you or us, by arbitration
pursuant to this Arbitration section and the code of procedure of the national
arbitration organization (the "Code") to which the Claim is referred in effect
at the time the Claim is filed. Claims shall be referred to either the National
Arbitration Forum ("NAF"), JAMS or the American Arbitration Association ("AAA")
as selected by the party electing to use arbitration. If a selection by us of
one of these organizations is unacceptable to you, you shall have the right
within 30 days after you receive notice of our election to select either of the
other organizations listed to serve as arbitration administrator. For a copy of
the procedures, to file a Claim or for other information about these
organizations, contact them as follows: NAF, P.O. Box 50191, Minneapolis, MN
55404; Web site: arbitration-forum.com. JAMS, 1920 Main Street, Suite 300, Los
Angeles, CA 92614; Web site: jamsadr.com. AAA, 335 Madison Avenue, New York, NY
10017; Web site: adr.org.
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IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR
AMEX WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL
ON THAT CLAIM OR TO HAVE THEIR CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE
CODE. FURTHERMORE, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A
REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO
ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S
DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
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If either party elects to resolve a Claim by arbitration, that Claim shall be
arbitrated on an individual basis. There shall be no right or authority for any
Claims to be arbitrated on a class-action basis or on bases involving Claims
brought in a purported representative capacity on behalf of the general public,
other CMs or other persons similarly situated. The arbitrator’s authority to
resolve Claims is limited to Claims between you and us alone, and the
arbitrator’s authority to make awards is limited to awards to you and us alone.
Furthermore, Claims brought by you against us or by us against you may not be
joined or consolidated in arbitration with Claims brought by or against someone
other than you, unless agreed to in writing by all parties.
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This Arbitration section is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration Act, 9 USC Sections
1–16, as it may be amended (the “FAA”). The arbitration shall be governed by
the applicable Code, except that (to the extent enforceable under the FAA) this
Arbitration section shall control if it is inconsistent with the applicable
Code. The arbitrator shall apply applicable substantive law consistent with the
FAA and applicable statutes of limitations and shall honor claims of privilege
recognized at law and, at the timely request of either party, shall provide a
brief-written explanation of the basis for the award. The arbitration
proceeding shall not be governed by any federal or state rules of civil
procedure or rules of evidence. Either party may submit a request to the
arbitrator with a copy of the request provided to the other party to expand the
scope of discovery allowable under the applicable Code. The party submitting
such a request must provide a copy to the other party, who may submit
objections to the arbitrator with a copy of the objections provided to the
requesting party within fifteen (15) days of receiving the requesting party’s
notice. The granting or denial of either party’s request will be at the sole
discretion of the arbitrator, who shall notify the parties of his/her decision
within twenty (20) days of the objecting party’s submission. The arbitrator
shall take reasonable steps to preserve the privacy of individuals and business
matters. Judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction. The arbitrator’s decision will be final and
binding, except for any right of appeal provided by the FAA. However, any party
can appeal that award to a three-arbitrator panel administered by the same
arbitration organization, which shall reconsider anew any aspect of the initial
award requested by the appealing party. The appealing party shall have thirty
(30) days from the date of entry of the written arbitration award to notify the
arbitration organization that it is exercising the right of appeal. The appeal
shall be filed with the arbitration organization in the form of a dated
writing. The arbitration organization will then notify the other party that the
award has been appealed. The arbitration organization will appoint a
three-arbitrator panel who will conduct an arbitration pursuant to its Code and
issue its decision within one hundred twenty (120) days of the date of the
appellant’s written notice. The decision of the panel shall be by majority vote
and shall be final and binding.
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Any arbitration hearing that you attend shall take place in the federal
judicial district of your residence. You will be responsible for paying your
share, if any, of the arbitration fees (including filing, administrative,
hearing and/or other fees) provided by the Code, to the extent that such fees
do not exceed the amount of the filing fees you would have incurred if the
Claim had been brought in the federal or state court closest to your billing
address that would have jurisdiction over the Claim. We will be responsible for
paying the remainder of any arbitration fees. At your written request, we will
consider in good faith making a temporary advance of all or part of your share
of the arbitration fees for any Claim you initiate in which you or we seek
arbitration. You will not be assessed any arbitration fees in excess of your
share if you do not prevail in any arbitration with us.
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This Arbitration section shall survive termination of the Program or your
participation in it. If any portion of this Arbitration section is deemed
invalid or unenforceable under any principle or provision of law or equity,
consistent with the FAA, it shall not invalidate the remaining portions of this
Arbitration section, these Terms & Conditions or any prior agreement you
may have had with us, each of which shall be enforceable regardless of such
invalidity.
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