Start of menu
Search US website
Close Menu
Password
Forgot  
Password?
Create an account?
Register now
Log in to your account
Password
Forgot
 Password
?
Create an account
Access your American Express® Merchant Account online
Access account information 24/7
Manage payments and disputes online
Get insights, tools, merchandise and more
This is warning image
Please check the information entered in the field(s) marked with a This is Flag. This information is required for enrolling.
If you need assistance, please call Customer Service at: (800) 374-2639 (U.S. merchants) or (800) 268-9877 (Canadian merchants).
This is warning image
The Passwords you entered do not match. Please re-enter and confirm your Password.
CREATE USER ID AND PASSWORD.
All you need is a user ID and password to complete your registration. Provide additional account and bank information at your convenience.
This is Flag
This is Flag
This is Flag
This is Flag
This is Flag
Your User ID
No spaces
No special characters
Not case-sensitive
Must contain 5-20 characters,
including at least one letter
Your Password
No spaces
Not case-sensitive
May include the following characters: %, &, _, ?, #, -, =
Must be different from your User ID and contain 8 to 20 characters,
including at least one letter and one number
This is Flag
By providing your e-mail address, you agree to receive information about products, services and offers from American Express. If you provide us your personal e-mail address, then we will use that e-mail address as business e-mail adddress for communications from American Express. For information about how we protect your privacy, please read our Privacy Statement.
This is Security Question
This is Flag
This is Flag
Your Security Answer
2 to 32 characters
Contain no special characters(e.g.,&,>,*,$,@)
Terms of Use
Please carefully review the Terms of Use below.

MERCHANT SITE
TERMS OF USE

Last Modified: September 20, 2013

BY INDICATING YOUR AGREEMENT TO THESE TERMS OF USE OR OTHERWISE USING ANY PORTION OF THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE, EFFECTIVE ON THE DATE THEREOF. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

Table of Contents

1SCOPE OF TERMS OF USE.

2DESCRIPTION OF THE SERVICES.

3AUTHORITY AND CAPACITY.

4ENROLLMENT AND CANCELLATION.

5PROFILE CREATION; PASSWORD SECURITY.

6VIOLATIONS OF TERMS.

7ACCOUNT INACTIVITY.

8ADDITIONAL TERMS.

9MODIFICATION OF TERMS OF USE.

10AVAILABILITY, MODIFICATION & DISCONTINUATION.

11ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.

12FEES FOR SERVICES.

13INFORMATION ABOUT DEPENDENT LOCATIONS.

14REPORTS.

15DOWNLOADS/LICENSE.

16NO INVESTMENT ADVICE OR OFFERS.

17BUSINESS TRENDS.

18DISCLAIMER OF WARRANTIES.

19LIMITATION OF LIABILITY.

20INDEMNIFICATION.

21INTELLECTUAL PROPERTY.

22LAWFUL USE OF SERVICES; RULES OF CONDUCT.

23ACCESS TO PASSWORD PROTECTED; SECURE AREAS.

24USE OF "COOKIE" FILE FEATURES.

25FORCE MAJEURE.

26GOVERNING LAW.

27ASSIGNMENT.

28WAIVER; CUMULATIVE RIGHTS.

29SEVERABILITY.

30ENTIRE AGREEMENT.

31ALTERNATIVE DISPUTE RESOLUTION.

1SCOPE OF TERMS OF USE.

These terms of use (hereinafter referred to as "Terms of Use"), along with the terms set forth below in Section 8, govern you and your company's use of and access to (i) the American Express website located at the URL www.americanexpress.com/merchant (the "Merchant Site") and (ii) our Services (defined below) available to you and other merchants on or through the Merchant Site. Please review them carefully before using the Services.

As used in these Terms of Use, the words "you" and "your" refer to you, the Merchant (that is, the legal entity primarily responsible for this American Express Merchant Account) and also include all individuals and authorized signers who apply to use or access the Services under your Merchant Account. The words "American Express", "we", "our" and "us" refer to American Express Travel Related Services Company, Inc. Capitalized terms used herein but not otherwise defined have the same meanings ascribed to them in your Agreement for American Express® Card Acceptance ("Agreement").

RETURN TO TOP

2DESCRIPTION OF THE SERVICES.

We provide the Services through a web-based interface, and provide you with access to the following: (i) the ability to review and manage your Merchant Account information, including, but not limited to, financial reconciliation information related to Charges you have submitted, Cardmember billing inquiries/retrieval requests or disputes/Chargebacks, updates to your banking account information, and other administrative functions pertaining to your Merchant Account (the "Information") and (ii) access to and use of various point-of-purchase materials, merchant-specific and industry reports ("Reports"), industry content, marketing enrollment programs, and other content, information, products and services (items (i) and (ii) are collectively the "Services"). Not all features of the Services are available to all merchants. The Information is solely for your own use and not for further resale or redistribution. We reserve all rights not expressly granted herein.


Your use of the Services in no way affects our right to Chargeback under your Agreement with us. In the event of equipment, systems, or other communications failure, you agree to respond in writing and within the time frames set forth in the Agreement to all Cardmember Inquiries and disputes we may send you.

You must have access to the Internet to use the Services, and you (and not American Express) are solely responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services, and paying all charges related thereto. You are responsible for ensuring that your equipment is compatible with the Services. You must be logged in to the Merchant Site to have access to any Services. Some Services may be available for a limited time only and not all Services are available to all merchants.

RETURN TO TOP

3AUTHORITY AND CAPACITY.

You represent, warrant and covenant that:

(i) you are at least eighteen (18) years old;
(ii) you have the power, authority and capacity to agree to these Terms of Use;
(iii) you have a legitimate business need to use the Services;
(iv) you are an authorized representative of the Merchant on behalf of which you are using the Services and all use of the Services by you is at the Merchant's direction and with the Merchant's knowledge;
(v) you have the authority from the Merchant to use all features and functions of the Services, including without limitation, reviewing and making changes to the Merchant Account and updating bank account information;
(vi) any information you provide American Express will be true, accurate, current and complete;
(vii) you are not a headquarters that wishes to view Business Trends about an establishment that is not covered by your Agreement;
(viii) you will update your information as necessary so that it remains true, accurate, current and complete; and
(ix) you are not (i) listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at www.treas.gov/ofac); (ii) listed on the US Department of State's Terrorist Exclusion List (available at www.state.gov); or (iii) located in or operating under license issued by a jurisdiction identified by the U.S. Department of State as a sponsor of international terrorism, by the U.S. Secretary of the Treasury as warranting special measures due to money laundering concerns, or as noncooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the United States is a member.

RETURN TO TOP

4ENROLLMENT AND CANCELLATION.

In order to access the Services, you must provide all information required in the enrollment process; for example, information may include your personal information, e-mail addresses, and account number(s) at financial institutions with which you conduct business. You agree to provide true, accurate, current and complete information about yourself and your accounts and you agree not to misrepresent your identity or your account information. You acknowledge that we are relying upon the accuracy of that information in order to provide the Services, and to the extent the information you supply is inaccurate, incomplete or misleading, we will not be able to provide adequate Services to you. You agree to keep your enrollment and Merchant Account information up-to-date and accurate. You will have access to the Services only after we have received your enrollment information and have had a reasonable opportunity to act upon it. We will not be liable for any loss that you may incur as a result of inaccurate, incomplete or misleading information, including banking information, you provide to us.

Once you have completed step one of registration for the Merchant Site, by providing only your first and last name, e-mail address, User ID and Password, you will be able to access your online account for 60 days. If you do not continue the registration process by providing any required additional information (such as your Merchant Account number), within 60 days of your initial registration, we reserve the right, without notice to you, to cancel your enrollment in the Services.

For your initial enrollment, we require 24 - 48 hours to make your Merchant Account information available via the Services. During this period, you will not be able to review or manage your Merchant Account information via the Services.

In order to cancel your use of the Services, you must call us at 1-866-220-4272. If your Agreement expires or either American Express or you terminate your Agreement, we will cancel your online account and you will no longer be able to use the Services. The cancellation of your Internet Services provider account does not cancel your enrollment in the Services. If you cancel your use of the Services but retain your Merchant Account, you may be subject to a monthly paper statement fee. In case your American Express Merchant Account Number changes, you will need to log into the Services and provide, among other things, your new Merchant Account Number and banking account information in order to access the Services available in your prior account (such as access to Business Trends Content (as defined below) and other information). If you will no longer have an American Express Merchant Account Number, you may not be able to access Business Trends Content and other information comprising the Services.

RETURN TO TOP

5PROFILE CREATION; PASSWORD SECURITY.

When you enroll in the Services, we ask you to provide profile and contact information and create a user identification ("User ID") and password. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including by using another person's username, password or other account information or another person's name or other identifying information. If we have reason to suspect that any information you provided is not authorized, accurate, current, or complete, we may, among other remedial options, refuse you access to the Services or any of its resources without notice.

You are responsible for maintaining the confidentiality and security of your password and for all activities that occur using your User ID and/or password. As such, you should not share your User ID or password with others. We will not be liable for any loss that you may incur as a result of someone else using your User ID and/or password, either with or without your knowledge. In the event you become aware that the security of your User ID and/or password may have been compromised, you shall immediately contact us by calling 1-866-220-4272.

RETURN TO TOP

6VIOLATIONS OF TERMS.

American Express reserves the right to investigate suspected violations of the Terms (as defined below) and seek all remedies available at law and in equity for violations of the Terms, including blocking access from a particular Internet address to the Services or otherwise suspending or terminating access without notice.

American Express reserves the right to interrupt or restrict your access to the Services, without notice to you, if we suspect fraudulent or abusive activity or otherwise as appropriate to ensure the security and integrity of the Services. We use commercially reasonable efforts to maintain the security and integrity of the Services; however, you acknowledge and agree that there is no guarantee of absolute security of information that is communicated over the Internet.

RETURN TO TOP

7ACCOUNT INACTIVITY

We reserve the right, without notice to you, to suspend, terminate and/or purge any User ID that has not accessed or used the Services for a period of one (1) year or more from the date of last access or use. You acknowledge that in the event all User IDs for your Merchant Account are suspended, terminated and/or purged, you may not have access to the Services and may be subject to a monthly paper statement fee.

RETURN TO TOP

8ADDITIONAL TERMS.

In addition to these Terms of Use, your use of the Services is subject to and you are also agreeing to be bound by the:

These Terms of Use do not amend, modify or supplement your Agreement. In the event of a conflict among or between your Agreement, these Terms of Use, the American Express Terms of Services and the American Express Online Privacy Statement, the precedence shall be, first, your Agreement, then these Terms of Use, then the American Express Online Privacy Statement, then the American Express Terms of Service.

The word "Terms" means, collectively:

RETURN TO TOP

9MODIFICATION OF TERMS OF USE.

We reserve the right to modify these Terms of Use at any time without notice to you. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the beginning of the document. Unless otherwise noted, such modifications are effective immediately upon their posting to the website through which you access the Services. It is your sole responsibility to check this website periodically to be aware of such modifications. Your access, link to, or use of the Services after the posting of the modifications to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.

RETURN TO TOP

10AVAILABILITY, MODIFICATION & DISCONTINUATION.

We reserve the right to discontinue the Services, whether temporarily or permanently, or otherwise supplement, change, or modify their appearance and/or any features or functions of the Services, in any way, in whole or in part at any time for any reason without notice.

WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.

The Services are subject to transmission limitation or interruption. You acknowledge and agree that access to the Services and/or the Information may not be available on a continuous basis and that the Services will be subject to periodic downtime to permit hardware and/or software maintenance to take place.

You acknowledge and agree that we are not responsible for performance degradation and delays. You acknowledge that we shall not be liable to you if the Services are interrupted for any reason. If you are dissatisfied with the Services, you agree that your sole remedy shall be to cease using of the Services.

Also, after you have logged on to the Services, we reserve the right to log you off the Services if there are extended periods of inactivity or the session continues to run for an extended period of time.

You may discontinue use of the Services at any time and cancel your use of the Services by contacting us at 1-866-220-4272.

RETURN TO TOP

11ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.

Except as otherwise described for CAP Level Accounts below, when you enroll in the Services and select "View Payments" and/or "Resolve Disputes" under "Enrollment Options", you (i) consent to receive electronic communications for those aspects of your Merchant Account and (ii) understand that by doing so, you may no longer receive such communications related to those aspects of your Merchant Account in paper form.

We may also send you servicing messages including important information about your Merchant Account, e-statement notifications, enhancement updates with respect to the Services and other communications about your Merchant Account via e-mail or postal mail, as well as information on products, services and resources available to your business.

To learn more about how we use your information and protect your privacy, please read the American Express Online Privacy Statement

If your Merchant Account corresponds to a Merchant Number that is at the top of a merchant hierarchy ("CAP Level Account"), meaning that there are other dependent merchant accounts that are directly related to the CAP Level Account ("Dependent Locations"), and you are enrolling in the Services at the CAP Level Account, please read this section carefully to determine what effect your enrollment will have on hardcopy (paper) statements and management of the dispute process.

AHardcopy (Paper) Statements:

(i)If the CAP Level Account enrolls in the Services and elects to receive electronic communications, and all of the Dependent Locations are centrally paid by us to that CAP Level Account, all hardcopy (paper) statements for the CAP Level Account and all Dependent Locations will be discontinued (as outlined above).

(ii)If the CAP Level Account enrolls in the Services and all of the Dependent Locations are individually paid by us, the hardcopy (paper) statements for the Dependent Locations are not automatically discontinued. Each individually paid Dependent Location must enroll in the Services and elect to receive electronic communications to discontinue their hardcopy (paper) statements or a special request must be made to discontinue hardcopy statements for these Dependent Locations.

(iii)If the CAP Level Account enrolls in the Services and some of the Dependent Locations are individually paid by us and some of the Dependent Locations are centrally paid by us to that CAP Level Account, only the hardcopy (paper) statements for the Dependent Locations that are paid by us to the CAP Level Account will be automatically discontinued (as outlined in above). Each individually paid Dependent Location must enroll in the Services and elect to receive electronic communications to discontinue their hardcopy (paper) statements or a special request must be made to discontinue hardcopy statements for these Dependent Locations.

(iv) In all cases, the CAP Level Account user will be able to view payment information for all Dependent Locations that the CAP Level Account wholly owns.

B)Managing the Dispute Process:

(i)If the CAP Level Account enrolls in the Services to resolve Cardmember disputes and elects to centrally manage disputes for all of the Dependent Locations, the hardcopy (paper) dispute notices will be automatically discontinued for the CAP Level Account and all Dependent Locations. You acknowledge that it is the responsibility of the CAP Level Account user to respond to all Cardmember disputes for the CAP Level Account and all of the Dependent Locations.

(ii)If the CAP Level Account enrolls in the Services to resolve Cardmember disputes and elects to have each Dependent Location manage its own disputes, the CAP Level Account user will not be able to manage any disputes related to the Dependent Locations. However, the CAP Level Account will be able to passively review Cardmember dispute information for the Dependent Locations that are also enrolled in Resolve Disputes. It is the responsibility of each Dependent Location to respond to its own Cardmember disputes.

(iii)The CAP Level Account user, and/or the Dependent Location user, is responsible for accessing the Cardmember dispute list regularly to check for new items, and must respond to such disputes by providing us with all requested information regarding the Inquiry or dispute. This information must be transmitted to us online. You will be required to mail or fax or electronically transmit (if such functionality is available) any supporting documentation necessary for resolution within the timeframes set forth in your Agreement with us.

C)Courtesy E-Mail Notification of Cardmember Disputes:

We may, but are not obligated to, forward a courtesy e-mail to the CAP Level Account or Dependent Location user's designated e-mail address to inform such user that a Cardmember dispute is available on the Services for review.

WE DO NOT GUARANTEE THAT SUCH COURTESY E-MAIL WILL BE SENT OR OTHERWISE EFFECTIVELY DELIVERED FOR ALL CARDMEMBER DISPUTES AND WE ARE NOT OBLIGATED OR OTHERWISE RESPONSIBLE FOR ANY FAILURE TO SEND SUCH COURTESY E-MAIL. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO ACCESS THE SERVICES ON A REGULAR BASIS TO MANAGE AND RESPOND TO CARDMEMBER DISPUTES.

RETURN TO TOP

12FEES FOR SERVICES.

There presently is no fee that applies to your use of the Services; however, we review fee policies from time to time, and reserve the right to adjust the fees that apply to your use of the Services in our sole discretion at any time. In addition, you acknowledge that some features of the Services may require you to subscribe to, and pay an annual fee for, such features. If additional fees apply for such features, you will be required to agree to pay such fees prior to accessing them. You may be subject to a monthly paper statement fee if you modify your electronic notification selections through the Services, as described in Section 10 above, or if you cancel your use of the Services, as described in Section 4 above.

RETURN TO TOP

13INFORMATION ABOUT DEPENDENT LOCATIONS.

If you have Dependent Locations that accept the American Express® Card under the terms of our Agreement with you, or avail themselves of a lower discount rate by participating in American Express® Card acceptance under your merchant hierarchy, then you acknowledge that your use of the Services may permit you to access information of the Dependent Locations if such Dependent Locations are integrated within the segment of your merchant hierarchy for which you are using the Services. If you are not legally authorized to access information of the Dependent Locations, then you should not utilize the Services. In the event that you have Dependent Location(s), by agreeing to these Terms of Use and accessing the Services, you represent to us that you have the legal authority to access, review and utilize the information of the Dependent Locations.

If a Dependent Location(s) contacts us stating that you are not authorized to access, review and utilize the information of such Dependent Location, then we will contact you to resolve the issue. If you do not respond to this inquiry within three (3) business days, then we reserve the right to immediately suspend your ability to access, review and utilize the information of such Dependent Location. You acknowledge that such suspension may cause an interruption of your ability to use the Services to manage your Merchant Account until the issue is resolved. If your access to the Services is suspended pursuant to this Section 12 you will not be entitled to any refund of fee paid, if any, for the suspended time period.

RETURN TO TOP

14REPORTS

In the event that you access and/or use any Services which contain Reports, the following confidentiality obligations shall apply:

You agree to regard and preserve as confidential all information disclosed or made available to you in connection with a Report (collectively and individually, "Confidential Information"). You agree to hold Confidential Information in trust and confidence and shall not (i) disclose such information to any person or entity (including, without limitation, any franchisors, franchisees, units, subsidiaries, affiliates or co-brand partners), or (ii) use (directly or indirectly) any such information for your own benefit or the benefit of any other party, unless authorized in advance by American Express in writing, and even then, to limit access to and disclosure of such Confidential Information to a "need to know" basis only and only to your employees and agents that are subject to confidentiality obligations that are, at a minimum, as stringent as the provisions contained herein. You shall be responsible for any breach of confidentiality with respect to the Confidential Information by any parties to whom you disclose Confidential Information.

The obligations in this section shall not apply to information which (i) is already lawfully known by the receiving party without any obligation of confidentiality at the time it is obtained by the receiving party; (ii) is in the public domain through no wrongful act by the receiving party; or (iii) is lawfully revealed to the receiving party by a third party without any obligation of confidentiality with respect thereto.

You acknowledge and agree that, in the event of a breach or threatened breach of any of the provisions of this section American Express will have no adequate remedy in damages and, accordingly, shall be entitled to injunctive relief against such breach or threatened breach without the requirement of posting a bond or other security; provided, however, that no specification of a particular legal or equitable remedy shall be construed as a waiver, prohibition or limitation of any other legal or equitable remedies in the event of a breach hereof.

RETURN TO TOP

15DOWNLOADS/LICENSE.

You acquire no rights or licenses in or to the Services other than the limited non-exclusive right to utilize the Services in accordance with these Terms of Use. Should you choose to access, order and/or download content from or through the Services, including without limitation, Reports, you shall do so pursuant to these Terms of Use. Such downloaded content is licensed to you by American Express solely for your personal or your company's own noncommercial use pursuant to these Terms of Use and American Express does not transfer any other rights to you.

RETURN TO TOP

16NO INVESTMENT ADVICE OR OFFERS.

Nothing in the Services or on the Merchant Site constitutes, or should be construed to constitute, advice regarding advisability of investing in securities generally or on the advisability of investing in the securities of any particular industry or issuer of securities and American Express is not making recommendations regarding the purchase or sale of any securities. You are solely responsible for any action taken by you directly or indirectly utilizing the Services. Further, American Express provides investor relations materials for convenience and information only. In addition, investor relations materials and other Service are not offers to sell or solicitation of an offer to buy any security.

RETURN TO TOP

17BUSINESS TRENDS.

The following terms and conditions in this section (the "Business Trends Terms") govern your and your company's access to and use of (i) the "Business Trends" portions of the Merchant Site that are accessible via selecting the "Business Trends" section located on the Merchant Site and (ii) our Business Trends content ("Business Trends Content") available to you and other merchants on or through the Merchant Site.

For purposes of these Business Trends Terms, "Business Trends Content" does not include any other products and services available on the Merchant Site.

    A.Grant of Limited License

    Subject to these Business Trends Terms, American Express hereby grants to you and you hereby accept, a royalty-free, non-exclusive, non-sublicensable, non-transferable, limited license to access the Business Trends Content, solely for the development and improvement of your own business; provided, that you shall not access the Business Trends Content in connection with the creation, development or marketing of a promotion or other program or campaign which competes with, excludes or disadvantages American Express or the Cardmembers (as defined below), as determined by American Express in its reasonable discretion (such license, the "Limited License"). For the purposes hereof, "Cardmember" means the person whose name appears on a Card and "Card" means any card, account access device, or payment device or service bearing a trademark, service mark or logo owned by American Express or an affiliate of American Express.

    B.No Other Rights

    You acquire no rights, title, ownership or licenses in or to any elements of the Business Trends Content, other than the Limited License. As between you and American Express, all elements of the Business Trends Content, and all materials and/or information used by or developed in connection therewith are and shall remain American Express' sole and exclusive property subject only to the rights expressly granted to you in these Business Trends Terms.

    C.Restrictions on Use; Sourcing; Reservation of Rights

      a.Restrictions on Use.Subject to paragraph b of this subsection D, you shall not: (a) lease, rent, loan, license or sublicense to third parties, provide service bureau, time sharing, outsourcing, data processing or other services to third parties, or otherwise use or permit the use of or access to any Business Trends Content, by or for your benefit or for the benefit of any third party; (b) assign, sell, pledge, charge, encumber, transfer or otherwise dispose of any Business Trends Content to any third party, whether voluntarily, by operation of law or otherwise; (c) remove, obscure or in any way, modify or destroy, or permit others to remove, obscure or in any way modify or destroy, any proprietary markings of American Express or other parties that may appear on the Merchant Site or on any components of the Business Trends Content; (d) access or use the Merchant Site or the Business Trends Content in any unlawful manner, for any unlawful purpose or in violation of the Business Trends Terms or applicable laws, rules and regulations; or (e) copy, modify, adapt, enhance, improve, revise or create derivative works based on the Business Trends Content. Other than the summaries created pursuant to paragraph b of this subsection D, you hereby assign to American Express all right, title and interest in and to all derivative works based on the Business Trends Content created by you or on your behalf.


      You shall not post or transmit through the Merchant Site any material or use any Business Trends Content in any way which violates or infringes in any way upon the rights of others, which is 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, or which, without American Express' express prior approval, contains advertising or any solicitation with respect to products or services.

      You acknowledge that the Business Trends Content has been selected, arranged, created, compiled, prepared, developed, revised and/or coordinated by American Express, its subsidiaries and affiliates and others at significant expense of time, money and resources, and that the misappropriation or unauthorized use, redistribution, resale or relicense of the Business Trends Content by you to others would unfairly and/or irreparably harm American Express, its subsidiaries and affiliates. As a result, you agree to take all commercially reasonable precautions to prevent and stop all misappropriation or usage, redistribution, resale or relicense of the Business Trends Content.

      b.Sourcing.You may summarize and disclose to third parties limited excerpts of data contained in the Business Trends Content; provided, that in doing so you cite American Express as its source, do not indicate or imply that the Business Trends Content pertain to any other organization, company or business not expressly identified by name in the Business Trends Content, and otherwise comply with the provisions of this paragraph and all applicable laws. You may not combine such content with your own content or content from third-party sources in any manner that states or suggests that American Express or any such content is endorsing, sponsoring or is affiliated with you, any third party, your products or services or the products or services of any third party. You may not disclose, copy or reproduce any charts, graphs, graphics, pictures or visual elements of the Business Trends Content.

      c.Reservation of Rights.American Express reserves any rights not expressly granted herein.

    D.Certain Disclaimers

      a.American Express takes customer privacy very seriously. Our products consist of aggregated information that is not specific to individual Cardmembers and do not contain any personally identifiable information. Our products do not utilize or disclose specific, disaggregated data associated with an active merchant for the benefit of another merchant or third party. We have removed information that does not meet these principles

      b.Certain Cardmember information is made available by our Card Issuers. American Express may also obtain Cardmember information from a third-party provider that accesses publicly available, non-financial data sources ("Third-Party Providers"). In some instances, certain Cardmember information is not available through our Card Issuers or third-party providers and therefore cannot be provided in these reports.

      c.In certain cases, portions of the website will not be available. Such as, but not limited to, cases with insufficient comparable merchants or insufficient customer data

RETURN TO TOP

18DISCLAIMER OF WARRANTIES.

THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,

WE MAKE NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME OR THAT ANY OF YOUR PARTICULAR GOALS WILL BE ACHIEVED. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT WE MAKE NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR.

WE MAKE NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME OR THAT ANY OF YOUR PARTICULAR GOALS WILL BE ACHIEVED. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT WE MAKE NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR.

YOU AGREE THAT (A) THE FOLLOWING ELEMENTS OF THE SERVICES WILL HAVE UNKNOWN DATA AND/OR EXCLUSIONS; and (B) UNLESS OTHERWISE AGREED UPON BY THE PARTIES, IF ANY OF YOUR ESTABLISHMENTS, BUSINESSES, ENTITIES OR SIMILAR CONSTRUCTS BECOMES INACTIVE DURING THE TERM OF YOUR USE OF THE SERVICES, AXP MAY ELIMINATE THE DATA FOR SUCH ESTABLISHMENT, BUSINESS ENTITY OR SIMILAR CONSTRUCT FROM THE SERVICES.

RETURN TO TOP

19LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY OR DISRUPTION OF YOUR INTERNET SERVICES, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICES, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND OUR REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICES, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICES PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL WE 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 SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE MAXIMUM LIABILITY WE HAVE FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU FOR USE OF THE SERVICES. BOTH PARTIES AGREE THAT THE PROVISIONS OF THIS SECTION ARE OF THE ESSENCE OF THESE CONDITIONS AND THAT ABSENT SUCH LIMITATION OF LIABILITY, NEITHER PARTY WOULD HAVE ENTERED INTO THESE TERMS OF USE.

RETURN TO TOP

20INDEMNIFICATION.

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable legal fees, made by any third party resulting from or arising out of your use of the Services (or the Services by persons using your User ID and/or password), including, without limitation, any claim that your use of the Services infringes any third party intellectual property rights or any right of privacy or publicity, or otherwise results in injury or damage to a third party, any breach of these Terms of Use, or any negligence or willful misconduct with respect to your use of the Services.

RETURN TO TOP

21INTELLECTUAL PROPERTY.

The trademarks, logos and service marks ("Marks") displayed on the American Express website that you access to use the Services or in any portions of the Services are the property of American Express, its licensors and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of American Express or such third party which may own the Marks.

As between you and American Express all elements of the Services are and shall remain American Express' sole and exclusive property subject only to the rights granted to you hereunder to download and/or otherwise use the Services. You acquire no title or ownership rights in the Services provided to you. Nothing herein shall be construed to restrict, impair or deprive American Express of any of its Intellectual Property Rights (as defined below) that existed prior to or arise in connection with the Merchant Site or the Services. "Intellectual Property Rights" means any and all rights and registrations (including all renewals and extensions thereof) existing from time to time under patent law, copyright law, trade-secret law, trademark law, moral rights law, unfair competition law, any other intellectual, industrial and proprietary rights relating to intangible property, or similar rights of every kind or nature and however designated, whether arising by operation of law, contract, license or otherwise in the United States of America and throughout the world.

The Merchant Site and the Services are subject to the protections of all laws applicable to Intellectual Property Rights and may only be used by you in a manner consistent with the permissions set forth herein. You acknowledge AXP's said Intellectual Property Rights in same and agree not to challenge the enforceability of any such rights in same or otherwise claim ownership of any portion of the Services provided to you herein. You must not remove, obscure or in any way modify any AXP intellectual property notices embedded in or in any way displayed upon the materials you might download from or otherwise use on or apart from the Merchant Site.

You may not copy, modify, reproduce, distribute, transmit, sell, license, publish, decompile, display, reverse engineer, create derivative works or otherwise exploit the Services, except that, as applicable, you may purchase and/or download certain materials and/or make a reasonable number of print copies for emergency and/or archival purposes and a reasonable number of copies for your or your company's noncommercial use, provided that, you retain all copyright and other notices contained therein and that you use such materials only in accordance with the Terms. Using the Services or information derived from the Services in any other commercial or public way without the prior express written consent of American Express is strictly prohibited.

You acknowledge the Services have been selected, arranged, created, compiled, prepared, developed, revised and/or coordinated by American Express, its subsidiaries and affiliates and others at significant expense of time, money and resources, and that its misappropriation or unauthorized use, redistribution, resale or relicense by you to others for commercial gain would unfairly and/or irreparably harm American Express, its subsidiaries and affiliates and such other parties. As such you agree to take all commercially reasonable precautions to prevent and/or stop all such misappropriation or usage of the Services. You acknowledge, injunctive relief, without excluding any other right or remedy, shall be an appropriate remedy to enforce any breach of this or any related section.

RETURN TO TOP

22LAWFUL USE OF SERVICES; RULES OF CONDUCT.

You warrant that you will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of these Terms of Use or applicable laws, rules and regulations.

You must not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services

You agree not to use, transfer, distribute, or dispose of any content, information or materials downloaded from the Merchant Site or otherwise originating through the Services in any manner that could compete with the business of American Express.

You must not post, transmit, publish, disseminate, or otherwise communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person's privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services or the proper functioning of any software, hardware, equipment or materials used in connection with the Services; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, "spam," chain letters or pyramid schemes of any sort, to any person through the use of the Services. We reserve the right to take any appropriate action if we become aware of any use of the Services which we believe violates any law or is otherwise wrongful.

We reserve any right not expressly granted herein.

RETURN TO TOP

23ACCESS TO PASSWORD PROTECTED; SECURE AREAS.

Access to and use of password protected and/or secure areas of the Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution or any other remedy at law or in equity that American Express may pursue in its sole discretion.

RETURN TO TOP

24USE OF "COOKIE" FILE FEATURES.

The American Express Online Privacy Statement provides information regarding American Express' use of cookies as well as procedures for disabling cookies.

RETURN TO TOP

25FORCE MAJEURE.

Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.

RETURN TO TOP

26GOVERNING LAW.

These Terms of Use are governed by and will be construed in accordance with the laws of the State of New York, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Subject to any dispute resolution provision in your Agreement, any action by either you or American Express will be brought in the appropriate federal or state court located in the County and State of New York and each of said parties consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.

RETURN TO TOP

27ASSIGNMENT.

You shall not assign these Terms of Use, whether voluntarily or by operation of law (including by way of sale of assets, merger, or consolidation), without our prior written consent. Any purported assignment by operation of law is voidable in our sole discretion. We may assign these Terms of Use without your consent. Except as otherwise specified herein, these Terms of Use bind, and inure to the benefit of, the parties and their respective successors and permitted assigns.

RETURN TO TOP

28WAIVER; CUMULATIVE RIGHTS.

The failure of either party to enforce any rights granted by these Terms of Use or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

RETURN TO TOP

29SEVERABILITY.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section shall not affect the validity or enforceability of any remaining provisions herein.

RETURN TO TOP

30ENTIRE AGREEMENT.

These Terms of Use represent the entire agreement between you and us regarding the use of the Services and supersede any previous agreements, understandings, or courses of dealings regarding the use of the Services.

RETURN TO TOP

31ALTERNATIVE DISPUTE RESOLUTION.

(A) Procedures: You and American Express agree that any and all disputes, claims or controversies arising out of or related to these Terms of Use, including any claims under any statute or regulation ("Disputes"), shall be submitted first to non-binding mediation. If the Disputes are not resolved through mediation, the Disputes then shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA").

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

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

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

RETURN TO TOP

This is Flag
By checking this box, I confirm I have reviewed and agree to the above Terms of Use and I certify I am authorized to enter into this agreement on behalf of the merchant named above.
ACCESS YOUR AMERICAN EXPRESS MERCHANT ACCOUNT ONLINE
You just need to create a user ID and password to complete your registration. Provide additional information to connect accounts and manage finances at your convenience.
1Create Profile
Set up an account to explore secure parts of the site.
You will need
A valid e-mail address
2Connect Account
Access your business information online and get insights, tools, merchandise and more.
You will need
Your 10-digit Merchant Account Number
3Manage Finances
Track your payments and respond to disputes 24/7. Go paperless and avoid the paper statement delivery fee.
You will need
  • ABA Routing Number
  • DDA Account Number
  • Information from a previous statement
Processing......