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Terms & Conditions

PASS from American Express® Deal Center

TERMS AND CONDITIONS

Welcome to the Deal Center website (the "Site")! The Site is owned by American Express Travel Related Services Company, Inc. ("American Express") and managed and operated for American Express by Cartera Commerce, Inc. ("Cartera Commerce"). The Site enables either the purchaser (the "Owner") of an Eligible American Express prepaid reloadable Card ("Card") or an individual who is authorized by an Owner to use the Owner's eligible American Express prepaid reloadable Card (the "Card User") (Owners and Card Users, collectively, "you" or "your"), to access discounts and special offers as well as contribute to American Express' charitable donation to United Way as described in more detail in Section 4 below.

These American Express Prepaid Reloadable Cards Deal Center Terms and Conditions (these "Terms and Conditions") constitute the agreement between you, on the one hand, and American Express and Cartera Commerce (collectively, "we," "our" or "us"), on the other hand with respect to your use of the Site, and it is your responsibility to read and understand these Terms and Conditions. By purchasing or using an eligible American Express prepaid reloadable Card or using the Site, you agree to be bound by these Terms and Conditions.

You are advised that use of an Eligible Prepaid Card is subject to the restrictions herein. Owners are advised that authorizing a Card User to use the Eligible Prepaid Card is subject to the restrictions herein, and Owners are personally liable and responsible for such Card User's use of the Eligible Prepaid Card and all actions taken by such Card User, including without limitation: (1) Card User's use of the Site and all other third party sites irrespective of whether they are linked to from the Site; (2) all financial and non-financial transactions and activities such Card User makes or performs; and (3) all access to all sites such Card User uses (including without limitation, sites that rely on the use of a credit card or debit card to confirm a user is over eighteen (18)) even though such Card User may be a minor.

  1. INTRODUCTION & YOUR USE OF THE SITE IN GENERAL
  2. ADDITIONAL TERMS INCORPORATED BY REFERENCE
  3. CHANGES TO THESE TERMS AND CONDITIONS
  4. AMERICAN EXPRESS' DEAL CENTER PROGRAM
  5. COPYRIGHT/TRADEMARKS/PATENTS
  6. RULES GOVERNING YOUR USE OF THE SITE
  7. AMERICAN EXPRESS' MANAGEMENT OF THE SITE; VIOLATIONS OF THE TERMS
  8. INDEMNIFICATION
  9. LINKS TO THIRD PARTY SITES
  10. DISCLAIMERS; NO WARRANTIES
  11. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
  12. LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE
  13. ARBITRATION
  14. TERM, TERMINATION AND SURVIVAL
  15. NO THIRD PARTY BENEFICIARIES
  16. SECTION TITLES
  17. NON-WAIVER
  18. SEVERABILITY
  19. ASSIGNMENT
  20. APPLICABLE LAW
  1. INTRODUCTION & YOUR USE OF THE SITE IN GENERAL
    1. American Express reserves the right to deny your application to purchase a Eligible Prepaid Card, set up an Eligible Prepaid Card account or add additional money to an existing Eligible Prepaid Card or your use of the Site for any reason in American Express' sole discretion.
    2. Eligible Prepaid Card Users are required to create a username and password to register and activate their eligible Prepaid Cards. Eligible Prepaid Card Users will have access to the Site by clicking on "Deal Center" once they are logged in to their eligible Prepaid Card accounts.
    3. You are solely responsible for all activity occurring under your username and password and maintaining the confidentiality and security of your username and password. You are prohibited from sharing or disclosing your username and password. Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only.
    4. You agree to immediately contact us if you become aware that the security of your username and/or password may have been compromised.
    5. You represent, warrant, and covenant that:
      1. you have the power and authority to agree to these Terms and Conditions;
      2. you are (a) at least eighteen (18) years old or (b) using the Site with the permission and supervision of an Owner who is at least eighteen (18) years old;
      3. any information you provide American Express will be true, accurate and current;
      4. you will update your information as necessary so that it remains true, accurate and current and we can contact you; and
      5. you reside in the United States.
    6. The Site provides access to a variety of retailers, which are subject to change at any time. Each retailer may have its own terms and conditions, including without limitation, return and exchange policies, which apply to your purchases. If you have any questions regarding your purchases or you wish to exchange or return an item or modify or cancel your order, you must contact the retailer from which you acquired the goods or services directly. Neither American Express nor the Site is responsible for order fulfillment, including without limitation, shipping and handling, ticketing, returns, cancellations, modifications or exchanges.
  2. ADDITIONAL TERMS INCORPORATED BY REFERENCE
    1. In addition to these Terms and Conditions, your use of the Site is subject to, and you agree to be bound by the relevant Cardmember Agreement, American Express Terms of Service and the American Express Internet Privacy Statement (the relevant Cardmember Agreement, American Express Terms of Service and the American Express Internet Privacy Statement, collectively the "Incorporated Agreements").
    2. In the event of a conflict between these Terms and Conditions and the Incorporated Agreements, the agreements will be interpreted in accordance with the following order of precedence: (a) Cardmember Agreement; (2) American Express Internet Privacy Statement; (3) these Terms and Conditions; and (4) American Express Terms of Service.
    3. Hereinafter, the word "Terms" shall mean, collectively:
      1. these Terms and Conditions;
      2. the American Express Terms of Service; and
      3. the American Express Internet Privacy Statement.
  3. CHANGES TO THESE TERMS AND CONDITIONS
    1. a. American Express reserves the right to modify these Terms and Conditions at any time.
    2. b. American Express will notify you of modifications to these Terms and Conditions by:
      1. posting a notice on the home page of the Site; and
      2. updating the date indicated after "Last Modified" at the end of these Terms and Conditions.
    3. c. If American Express has your current email address, we may also notify you of modifications to these Terms and Conditions through a notice to your email address. Accordingly, it is important that you immediately notify American Express if your email address changes and regularly check this Site for any announcements about revisions.
    4. d. Any modifications to these Terms and Conditions 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 the current or modified Terms and Conditions, you must immediately stop using the Site.
  4. AMERICAN EXPRESS' DEAL CENTER UNITED WAY PROGRAM
    1. American Express may make a charitable contribution to United Way for certain purchases you make from participating retailers ("Participating Retailers") by means of the Site, subject to certain restrictions, including without limitation, those described in this Section 4 (the "Deal Center United Way Program"). For more information about the Deal Center United Way Program, please see the Deal Center FAQ.
    2. Participating Retailers are subject to change without notice to you.
    3. Only certain purchases made through Participating Retailers' websites that are linked to from the Site ("Qualifying Purchases") qualify for the Deal Center United Way Program. Any other purchases, including without limitation, those made by telephone, in person at a retail store, a ticketing office or on a hotel property are not Qualifying Purchases and are not eligible for the Deal Center United Way Program.
    4. If you make a purchase on a Participating Retailer's website, but you did not access that website from the Site, your purchase will not be deemed to be a Qualifying Purchase, and it will not be eligible for the Deal Center United Way Program.
    5. If you make reservations with a travel provider that is a Participating Retailer through an on-line travel agency rather than accessing the travel provider's site through the Site, your purchase will not be deemed to be a Qualifying Purchase, and it will not be eligible for the Deal Center United Way Program.
    6. In order for American Express to make a contribution to United Way related to your Qualifying Purchase, you must:
      1. be logged into your Eligible Prepaid Card account at the time you make the Qualifying Purchase;
      2. be the Owner or the authorized Card User of an active Eligible Prepaid Card; and
      3. use your Eligible Prepaid Card to make the Qualifying Purchase
    7. American Express cannot make a charitable contribution to United Way for a third party retailer whose website is linked to a Participating Retailer's website. If you are not sure whether your purchase will qualify for the Deal Center United Way Program, please re-enter the Deal Center website by logging into your Eligible Prepaid Card account, click on "Deal Center", and then complete your transaction.
    8. If you return merchandise that was a Qualifying Purchase, American Express will deduct the applicable amount from the charitable donation.
    9. American Express reserves the right to cancel or change the Deal Center United Way Program at any time without notice to you. American Express may endeavor, but will not be obligated, to notify you of changes or cancellation of the Deal Center United Way Program.
  5. COPYRIGHT/TRADEMARKS/PATENTS
    1. A list of American Express Marks and issued Patents is provided in the American Express Terms of Service.
    2. Where the Site is configured to enable the download of particular Content (as defined below), you may download one copy of such Content to a single computer using a standard Internet browser for your personal, non-commercial use only; provided, however, that you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content, and (c) not use the Content in a manner that suggests an association with any of American Express' or its trademark licensors' products, services or brands. "Content" means all information and content including any software programs available on or through the Site.
  6. RULES GOVERNING YOUR USE OF THE SITE
    1. You will not:
      1. reproduce, duplicate, download, post, display, publish, re-license, transmit, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Site;
      2. modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of any software available for download through the Site;
      3. disobey any requirements, procedures, policies or regulations established from time to time regarding use of the Site or any networks connected to the Site;
      4. engage in hacking, cracking, "phreaking" or any other activity to circumvent established Internet security measures on the Site or elsewhere;
      5. act in any way that adversely affects the ability of other users to engage in real time activities on the Site;
      6. remove any copyright, trademark, patent or other proprietary rights notice on any content on the Site;
      7. impersonate any other person or entity, provide false or misleading identification or address information or invade the privacy, or violate the personal or proprietary right, of any person or entity;
      8. interfere with or disrupt the operation of the Site, or the servers or networks that provide the Site;
      9. harvest or collect emails or any information about other users or companies using the Site;
      10. use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site;
      11. install, upload, post a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment; or
      12. cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.
  7. AMERICAN EXPRESS' MANAGEMENT OF THE SITE; VIOLATIONS OF THE TERMS AND CONDITIONS
    1. American Express reserves the right to investigate suspected violations of the Terms and Conditions and seek all remedies available at law and in equity for violations of the Terms and Conditions, including blocking access from a particular Internet address to the Site or otherwise suspending or terminating access of a violator.
    2. Consistent with the American Express Internet Privacy Statement, we may provide Personally Identifiable Information (as defined in the American Express Internet Privacy Statement) in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
  8. INDEMNIFICATION
    1. You agree to indemnify and hold American Express, its licensors, agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site using your username and password or other credentials, of any intellectual property rights or other rights of any person or entity. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
  9. LINKS TO THIRD PARTY SITES
    1. The Site may contain links to third party websites ("Linked Sites"). American Express does not own or operate the Linked Sites, and American Express has not reviewed, and cannot review, all of the material, including goods or services, made available through Linked Sites. The availability of Linked Sites on the Site does not represent, warrant or imply that American Express endorses any Linked Sites or any materials, opinions, goods or services available on such Linked Sites. Third party materials accessed through or used by means of the Linked Sites may also be protected by copyright and other intellectual property laws. THESE TERMS AND CONDITIONS DO NOT APPLY TO LINKED SITES. BEFORE VISITING A LINKED SITE BY MEANS OF THE SITE OR A LINK LOCATED ON THE SITE, YOU SHOULD REVIEW THE LINKED SITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE LINKED SITES.
  10. DISCLAIMERS; NO WARRANTIES
    1. Opinions and views expressed in the content and materials available on the Site do not necessarily reflect those of American Express. American Express is not responsible for the accuracy, relevance, legality, decency or reliability of same.
    2. ANY USE OF THE SITE AND RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY PROVIDED HEREIN.
    3. THE SITE, AND ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES AVAILABLE ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMERICAN EXPRESS DISCLAIMS RESPONSIBILITY FOR SOFTWARE DEFECTS, DATA OR TRANSMISSION ERRORS OR DELAYS AND COMPUTER VIRUSES OR FOR YOUR INABILITY TO CONNECT TO THE INTERNET, ACCESS THE SITE WEBSITE OR ACCESS A PARTICIPATING RETAILER'S OR TRAVEL PROVIDER'S WEBSITES.
    4. AMERICAN EXPRESS IS NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM AMERICAN EXPRESS' MODIFICATION OR TERMINATION OF THE SITE OR THE DEAL CENTER PROGRAM INCLUDING WITHOUT LIMITATION AMERICAN EXPRESS' FAILURE OR INABILITY TO NOTIFY YOU OF CHANGES TO THE SITE OR DEAL CENTER PROGRAM.
    5. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE 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 THE SITE IS COMPLETE OR UP-TO-DATE. AMERICAN EXPRESS MAY, BUT IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE.
    6. AMERICAN EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY, RELEVANCE, LEGALITY, DECENCY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM OR THROUGH THE SITE OR A LINKED SITE. WHEN YOU ACCESS THE SITE OR ANY LINKED SITES, YOU DO SO AT YOUR OWN RISK. WE TAKE NO RESPONSIBILITY FOR THIRD PARTY CONTENT, POSTINGS OR ADVERTISEMENTS WHICH ARE OR MAY BE POSTED ON THE SITE OR A LINKED SITE.
    7. THE TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY RETAILER ARE SOLELY BETWEEN YOU AND THE RETAILER.
    8. AMERICAN EXPRESS IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM: (A) CHANGES TO OR DISCONTINUANCE OF ANY RETAILER ON THE SITE; (B) THE WITHDRAWAL OF ANY RETAILER FROM THE SITE; OR (C) ANY EFFECT ON YOUR ABILITY TO HAVE AMERICAN EXPRESS DONATE A PORTION OF YOUR PURCHASE PRICE TO UNITED WAY CAUSED BY SUCH CHANGES. AMERICAN EXPRESS IS ALSO NOT LIABLE FOR ANY CHANGES OR DISCONTINUANCE OF ANY SPECIAL OFFER OR COUPON OFFERED BY A RETAILER BY MEANS OF THE SITE. IT IS YOUR RESPONSIBILITY TO MAKE SURE A RETAILER'S OFFERS ARE VALID.
  11. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
    1. OTHER THAN AS REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL AMERICAN EXPRESS OR ITS AGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY 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.
    2. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFF LINE, OF ANY USER ON THE SITE OR A LINKED SITE.
  12. LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE
    1. ANY AND ALL CLAIMS, DISPUTES, OR ISSUES ARISING DIRECTLY OR INDIRECTLY FROM ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES ARRANGED ON OR OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES AND NOT AMERICAN EXPRESS. AMERICAN EXPRESS HEREBY DISCLAIMS AND YOU AGREE TO HOLD AMERICAN EXPRESS FOREVER HARMLESS FOR 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 USER, CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHER ACT OR OMISSION OF SUCH USER, CARRIER OR SUPPLIER AND YOU HEREBY FULLY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
  13. ARBITRATION
    • Agreement to Arbitrate Disputes

      This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
    • Definitions

      As used in this Arbitration Provision, the term "Claim" shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to these Terms and Conditions, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Site (including, but not limited to, third parties who accept any applicable Card, third parties who use, provide or participate in programs accessed with the Site, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) 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. As used in this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card.
    • Initiation of Arbitration Proceeding/Selection of Administrator

      Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("American Arbitration"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, (2) American Arbitration at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the Federal Arbitration Act, 9 US C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
    • Class Action Waiver and Other Restrictions

      Arbitration shall proceed solely on an individual basis without the right 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 others. The arbitratorís authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the "Continuation" provision below), and without waiving either partyís right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
    • Arbitration Procedures

      This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 US C. Sections 1-16, as it may be amended ("FAA"), and 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. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitratorís sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitratorís written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellantís written notice. The panelís majority vote decision shall be final and binding.
    • Location of Arbitration/Payment of Fees

      The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay 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. Waivers also may be available from the JAMS or American Arbitration.
    • Continuation

      This Arbitration Provision shall survive termination of the Card, as well as voluntary payment in full of any Shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
  14. TERM, TERMINATION AND SURVIVAL
    1. These Terms and Conditions shall remain in full force and effect while you have a valid Eligible Prepaid Card. Upon cancellation, termination or expiration of your Eligible Prepaid Card for any reason, American Express will close your account, and you will no longer be able to use the Site. Even after your Eligible Prepaid Card is cancelled or terminated or expires, these Terms and Conditions will remain in effect, including sections: 1, 2 and 4-19.
  15. NO THIRD PARTY BENEFICIARIES
    1. These Terms and Conditions are between you and us. There are no third party beneficiaries to these Terms and Conditions.
  16. SECTION TITLES
    1. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
  17. NON-WAIVER
    1. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
  18. SEVERABILITY
    1. These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
  19. ASSIGNMENT
    1. You may not assign your rights under these Terms and Conditions to any third party; we may assign our rights under these Terms and Conditions without restriction.
  20. APPLICABLE LAW
    • These Terms and Conditions, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of New York, USA (without regard to internal principles of conflicts of law).