Members Project 2008 ("Members Project") is intended for viewing and participation in the United States only and is subject to the laws within the United States. Members Project is sponsored by American Express Travel Related Services Company, Inc., 200 Vesey Street, New York, NY 10285 ("American Express").

You must first register at www.membersproject.com (the "Project Site") in order to participate in Members Project. Please read the terms and conditions below ("Project Terms") carefully before registering. By registering, you are acknowledging your acceptance of, and agreement to be bound by, these Project Terms.

Participate

Participation Levels: You can participate in Members Project in the following three ways: (1) create and submit an idea for a project ("Project"); (2) show support for one or more Projects by participating in online discussions and/or nominating such Projects to advance to the voting rounds; and/or (3) vote for your favorite Project. Participation at any of these levels requires registration at the Project Site.

Eligibility: Any person with a valid email address can join Members Project's online community and show support for Projects. To submit a Project or vote for your favorite Project, however, you must be a legal resident of the 50 United States or the District of Columbia, at least 15 years of age, and the holder in good standing of an American Express® Card issued by American Express in the United States, whether you are a basic or Additional Cardmember ("Cardmember"). Additionally, if you are submitting a Project you cannot be an employee, or an immediate family member (i.e., spouse, parent, sibling, dependent, or spouse of parent, sibling or dependent, regardless of where he/she lives) of an employee, of American Express, or any of its parent, subsidiary or affiliated companies, advertising or promotion agencies, independent contractors, or any promotion partners of American Express directly involved with Members Project (collectively, the "American Express Parties").

Register

How to Register: To register for Members Project, visit the Project Site during the "Members Project Period", which starts July 22, 2008 and ends October 13, 2008. If you are a Cardmember, then you will be asked to enter the User ID and Password you use to log into your online Cardmember account or create a User ID and Password for an online Cardmember account if you do not already have one. Following your initial log in, you will be automatically assigned a Screen Name, which you can change at any time. If you are not a Cardmember, then you will be asked to provide your name and a valid email address and to create a Password and Screen Name. A Screen Name will be automatically assigned to you if you do not create one. You are solely responsible for maintaining the confidentiality of your log in information. Any activity or action taken with your log in information, whether authorized or unauthorized, will be attributed to you and you will be solely responsible for such activity or action.

Create

How to Submit a Project: To submit a Project, go to the Project Site during the "Submission Period", which starts at 12:00 AM Eastern Time ("ET") on July 22, 2008 and ends at 11:59 PM ET on August 19, 2008, log in, and complete the online submission form. If you have not registered at the Project Site, you must register first before you can submit a Project. Prior to completing your submission, you will be asked to read and agree to the Submission Agreement. You will not be able to complete your submission unless you acknowledge your agreement to the Submission Agreement. Each registered Cardmember will be permitted to submit only one Project. Projects can be withdrawn during the Submission Period or replaced with an alternate Project.

Requirements for Project Submissions: A Project submission, which includes the description of the Project and all other written materials about the Project provided under "Project Details" of the online submission form ("Project Submission"), must meet the following requirements to be eligible for consideration in Members Project:

• It must be original and not copied from any other work, which means that it must be in your original words and not copied from any copyrightable work written by another person;
• It must be in English (with the exception of single words or short terms from other languages, which are permissible as long as their meaning is evident in the sole discretion of American Express);
• It cannot include any mention of any specific individual, company, organization, brands, or products;
• It cannot contain any trademarks, service marks, logos, trade names, third-party copyrighted material, or any other material owned by any third party;
• It cannot contain any personal names, phone numbers, e-mail addresses, street addresses, or other personal identification of any kind;
• It cannot contain any offensive, obscene or sexually suggestive material, propaganda, potentially misleading information, or defamatory or disparaging material about other people or companies, or endorse any form of hate or hate group or terrorist activity, or discriminate on the basis of race, religion, creed, national origin, disability, handicap, age, sexual orientation, marital status, veteran status, or any other basis prohibited by law, as determined in the sole discretion of American Express;
• It cannot directly promote or speak negatively about any particular faith, political action, legislation or party, or promote or encourage the violation of any law, as determined in the sole discretion of American Express;
• It cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (the use of any of the foregoing), or any activities that may appear unsafe or dangerous; and
• It cannot relate to controversial subject matter or any subject which is contrary to the interests of American Express or any Cardmembers, as determined in the sole discretion of American Express.

Requirements for Support Materials: You may supplement your Project Submission with up to five (5) photographs and a video supporting your Project. These photographs and video must comply with the requirements described in items 6 through 9 under "Requirements for Project Submissions", but they do not have to be created or owned by you and may include persons other than yourself. You must, however, (i) obtain written permission(s) from the appropriate person(s) or entity(ies) who may have intellectual property or other rights in such material (including without limitation any music tracks, clips from third-party copyrighted programs, or third-party trademarks, logos or images that may be incorporated into or may appear in such material), which would allow such material to be posted, displayed, and published on the Project Site and otherwise used as contemplated in the Submission Agreement, and (ii) produce such written permission(s) upon demand. For your convenience, we are providing you with a form of Video/Photo License and Name/Likeness Release that you can use to obtain such written permission(s). Note, however, that such form licenses are not designed to secure the necessary rights for the use of any music tracks or other third-party material that may be incorporated into or may appear in any video or photograph that you otherwise own or have the right to use.

Additionally, you may record a personal message up to 30 seconds to be posted in support of your Project. Such recording must not contain the voice of anyone other than yourself and must comply with all requirements described in items 1 through 9 under "Requirements for Project Submissions."

Please note that American Express has the right, but not the obligation, to review and monitor your Project Submission and support materials that you may provide to supplement your Project Submission (collectively, "Support Material"). If American Express determines (through its own review or third-party notice) that your Project Submission or any of your Support Material does not comply with the requirements set forth in these Project Terms or is otherwise inappropriate, such Project Submission or Support Material may never be posted or may be removed from the Project Site without notice to you.

Fulfilling Organization: You may recommend a potential organization that you would like to fulfill your Project if selected (the "Fulfilling Organization") on the online submission form. You will be required to disclose your affiliation with the Fulfilling Organization if you are a board member, director, or employee of such organization. While American Express will consider matching such Fulfilling Organization with your Project if your Project is selected, American Express will make its selection of the Fulfilling Organization in its sole discretion based on the Fulfilling Organization Criteria. If you have indicated on your online submission form that you do not wish any organization to fulfill your Project other than the one you recommended, your Project may not be selected to advance to the voting rounds if American Express determines that the organization you recommended is inappropriate or unsuitable to fulfill your Project. If you have not recommended a Fulfilling Organization for your Project, American Express will select an appropriate Fulfilling Organization to be matched with your Project. Note, only Projects advancing to the voting rounds will be matched with Fulfilling Organizations.

Disqualification of Project: American Express reserves the right, in its sole discretion, at any time and at any stage of the submission, judging, or voting process, to disqualify any Project that does not comply with the requirements set forth in these Project Terms, or if the submitting Cardmember is not in full compliance with these Project Terms or the Submission Agreement, or if American Express reasonably determines that it would be necessary or appropriate to disqualify any Project to avoid potential liability to American Express, to maintain the integrity of Members Project, or to protect the welfare of American Express and its Cardmembers, or Members Project or its participants. The posting of any Project on the Project Site does not guarantee advancement to the voting rounds.

Editing

Editing by Project Submitter: You can edit your Project Submission throughout the Submission Period. Edits are subject to the same review and criteria as the initial Project Submission. Once you submit a new version of your Project Submission, the prior version will be deleted from the Project Site and American Express' records.

Support

Discussion Boards: Any registered participant of Members Project ("Registered User") can participate in various discussions of the Projects, including making suggestions for edits to a Project Submission, through various discussion boards available at the Project Site ("Discussion Boards"). Any comments, suggestions, and other postings on the Discussion Boards may be utilized by any Cardmember to create or edit a Project Submission. All uses of the Discussion Boards are subject to the Discussion Board Terms and Conditions

Nomination Period: During the Submission Period and an additional 13-day period thereafter, through 11:59 PM ET on September 1, 2008 (the "Nomination Period"), eligible Project Submissions will be posted on the Project Site for viewing and rating by all Registered Users. Registered Users can nominate one or more Projects that they feel should advance to the voting rounds based on the criteria set forth below (the "Project Criteria"). There is no limit to the number of Projects that a Registered User may nominate. Registered Users may withdraw their nomination for any Project during the Nomination Period. If a Project for which Registered Users have nominated is subsequently edited, such supporters will be notified via various channels to give them an opportunity to re-evaluate their support. Any nominations generated by a script, macro, or other automated means will be voided.

Project Criteria

Each Project will be evaluated based on the following criteria:

• Innovative: Project should offer a new or innovative approach to solving a problem, one that goes beyond or is different from what is currently happening in the respective category.
• Achievable: Project implementation should be feasible.
• Broad Positive Impact: Project should have a significant, positive impact touching the lives of a large group of people.

Vote

Selection of 25 Semi-Finalist Projects: On or about September 9, 2008, American Express will select 25 Projects as semi-finalist Projects based on the following factors: (i) various measures of popularity and interest generated among the Registered Users throughout the Nomination Period, including the number of nominations received and the level of activity on the Discussion Boards; (ii) the quality of the Project Submission based on the Project Criteria as determined by American Express and an independent advisory panel selected by American Express (the "Advisory Panel"); and (iii) the confirmation of an appropriate Fulfilling Organization to be matched with the Project.

Requirements of Semi-Finalist Projects: Cardmembers who have submitted potential semi-finalist Projects will be contacted by American Express via mail and phone, and will be provided with a hard copy of the Submission Agreement that must be executed and returned to American Express within 10 days of receipt. If American Express is unable to notify or contact a Cardmember at the location or phone number submitted with the Cardmember's Project Submission, or if a Cardmember does not return the signed Submission Agreement within 10 days of receipt, such Cardmember's Project may be disqualified, in which event American Express may, at its sole discretion, either (i) select an alternate Project as a semi-finalist Project or (ii) proceed to the voting rounds with fewer than 25 semi-finalist Projects. If the Cardmember who submitted the Project is under 18 or a minor in his or her state of residency, his or her parent or legal guardian must sign the Submission Agreement on the minor's behalf. Instructions on the next steps to be taken by Cardmembers who submitted the semi-finalist Projects will be provided by American Express.

In the event American Express reasonably determines that there are fewer than 25 Projects that meet the Project Criteria with confirmed Fulfilling Organizations associated with them and that also comply with these Project Terms, American Express reserves the right to select such fewer number of semi-finalist Projects.

Voting Rounds: The semi-finalist Projects will be posted, together with the name and information of the Fulfilling Organization associated with each Project, at the Project Site during the "Voting Period", which commences September 9, 2008 and continues through September 29, 2008. There will be two rounds of Cardmember voting. Each Cardmember gets one vote per voting round, but the vote may be changed at any time and multiple times until the close of the voting round. American Express reserves the right, at its sole discretion, to void any votes generated by a script, macro, or other automated means and to prevent further participation from any Cardmember using such means.

• First Voting Round (September 9, 2008 through September 29, 2008): Cardmembers can vote for the Project among all semi-finalist Projects that they think best meets the Project Criteria. At the completion of the first voting round, five (5) Projects with the highest Cardmember vote totals will advance to the second voting round as finalist Projects. In the event of a tie, American Express will make the final determination based on the scores provided by the Advisory Panel as part of the selection of the semi-finalist Projects.
• Second Voting Round (September 30, 2008 through October 13, 2008): Cardmembers can vote for the Project among the five (5) finalist Projects that they think best meets the Project Criteria. At the completion of the second voting round, the Project with the highest Cardmember vote total will be declared the "Winning Project", the Project with the second highest vote total will be declared the "Second Place Project", and the Project with the third highest vote total will be declared the "Third Place Project". In the event of a tie, American Express will make the final determination based on the number of votes received in the first voting round.

Prize Awards: American Express will award $1,500,000 to the Fulfilling Organization associated with the Winning Project, $500,000 to the Fulfilling Organization associated with the Second Place Project, and $300,000 to the Fulfilling Organization associated with the Third Place Project. In addition, American Express will award $100,000 to each of the Fulfilling Organizations associated with the remaining two finalist Projects. The Winning Project, the Second Place Project, and the Third Place Project, together with their respective Fulfilling Organizations and the Cardmembers who submitted such Projects, will be announced on or about October 14, 2008 and posted on the Project Site.

General Terms and Conditions

You agree that the decisions of American Express with respect to any and all aspects of Members Project shall be final.

User Content/Assignment: You irrevocably assign to American Express all rights (including copyrights) in any ideas or expressions of ideas that you provide on or through the Project Site, including without limitation the Project Submission and all comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit on the Discussion Boards and otherwise on or through the Project Site (collectively, "User Content"), all of which will become and remain the exclusive property of American Express, including any future rights associated with such materials. American Express and its licensees and designees shall have the right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display the User Content for any purpose (including without limitation for purposes of advertising, publicizing, and promoting Members Project, other versions of Members Project, and/or American Express or its affiliates), in any media whatsoever, now or hereafter known, throughout the universe in perpetuity, without compensation (monetary or otherwise) or notice to you (collectively, "Usage Rights"). Notwithstanding the foregoing, you (and applicable third parties) shall retain all ownership rights to any Support Material you provide (other than the audio recording of your personal message, which shall be owned by American Express), but hereby grant to American Express and its licensees and designees all Usage Rights (subject to any limitations specifically identified to American Express in writing with respect to any third-party element incorporated in the Support Material).

You release and waive all claims against the American Express Parties with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

General Conditions: American Express Parties are not responsible for: (a) lost, late, unintelligible, incomplete, damaged, or garbled submissions or messages; (b) telephone, computer, hardware, software, programming or network failure or malfunction, or interrupted or unavailable network, server or other connections, or other technical failure or error, or failure to properly process Project Submissions; (c) communication disruption or other forces beyond the reasonable control of American Express, including without limitation inability to access the Project Site, register, submit Projects, utilize Discussion Boards, use the "thumbs up" function, or vote; (d) any disruption related to Internet traffic, virus, bug, or unauthorized intervention; (e) damage caused by computer virus or otherwise to any computer from Registered User's access to or use of the Project Site, whether human, mechanical, or electronic; or (f) incorrect or inaccurate information, or other error of any kind, whether caused by American Express, the Registered Users, or by any of the programming or equipment associated with or used in Members Project. If such malfunction, error, disruption, or damage occurs, and/or impairs the administration, security, fairness, integrity, or proper execution of Members Project, and/or Members Project is otherwise not capable of running as planned, American Express may, in its sole discretion, suspend Members Project for the remainder of the Members Project Period or terminate Members Project by posting a notice on www.membersproject.com. American Express reserves the right to disqualify the Project associated with any person found tampering with or abusing any aspect of Members Project, or keep such Project in Members Project but disqualify the submitting Cardmember if the Cardmember is determined to have been engaged in such conduct. Additionally, American Express reserves the right in its sole discretion to suspend or terminate any Registered User's access to the Project Site or participation in Members Project if American Express believes such person to be causing any such malfunction, error, disruption, or damage, or such Registered Users is suspected of engaging in any unlawful or fraudulent conduct.

Use of Project Site: Your access to and use of the Project Site is subject to all applicable international, federal, state, and local laws and regulations. The trademarks, logos, and service marks ("Marks") displayed on the Project Site are the property of American Express and other parties. Users are prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of American Express or such third party which may own the Marks. All information and content including any software programs available on or through the Project Site ("Content") are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Project Site for commercial purposes, or for any other purpose not specifically permitted by American Express. You agree that your participation in Members Project is voluntary, personal, and non-transferable. American Express may, in its sole discretion, immediately terminate your access to the Project Site should your conduct fail to conform to these Project Terms.

HYPERLINKING: THE PROJECT SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE PROJECT SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE PROJECT SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). AMERICAN EXPRESS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT AMERICAN EXPRESS HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND AMERICAN EXPRESS URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

AMERICAN EXPRESS PERMITS USERS TO ADD CERTAIN HYPERTEXT LINKS TO THE PROJECT SITE. AMERICAN EXPRESS, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE PROJECT SITE. AMERICAN EXPRESS PROHIBITS THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE PROJECT SITE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE PROJECT SITE IS AT THE USER'S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS, AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE PROJECT SITE. AMERICAN EXPRESS IS NOT RESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.

NO WARRANTIES: ALL CONTENT ON THE PROJECT SITE (INCLUDING WITHOUT LIMITATION PROJECT SUBMISSIONS, SUPPORT MATERIALS, AND DISCUSSION BOARDS), OR OBTAINED FROM A LINKED SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

AMERICAN EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR: (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY REGISTERED USERS, CARDMEMBERS, THE ADVISORY PANEL, FULFILLING ORGANIZATIONS, OR ANYONE ELSE ON OR THROUGH THE PROJECT SITE, AS THEY MAY BE CONTAINED IN PROJECT SUBMISSIONS, SUPPORT MATERIALS, ON DISCUSSION BOARDS, OR OTHERWISE; (B) ANY CONTENT PROVIDED ON THE PROJECT SITE AND ANY LINKED SITES; OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE PROJECT SITE OR A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAWS, UNDER NO CIRCUMSTANCE WILL ANY OF THE AMERICAN EXPRESS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PROJECT SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE PROJECT 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 PROJECT 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.

LIMITATION OF LIABILITY FOR USE OF THE PROJECT SITE AND LINKED SITES: THE INFORMATION, SOFTWARE, PRODUCTS, PROJECT SUBMISSIONS, SUPPORT MATERIALS, OR OTHER CONTENT PUBLISHED ON THE PROJECT 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 PROJECT SITE IS COMPLETE OR UP-TO-DATE. AMERICAN EXPRESS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE PROJECT SITE OTHER THAN TO POST THE MOST-RECENT VERSIONS OF PROJECT SUBMISSIONS IN ACCORDANCE WITH THESE PROJECT TERMS. AMERICAN EXPRESS MAY CHANGE THE CONTENT ON THE PROJECT SITE AT ANY TIME WITHOUT NOTICE. AMERICAN EXPRESS MAY MAKE IMPROVEMENTS OR CHANGES TO THE PROJECT SITE AT ANY TIME. YOU AGREE THAT THE AMERICAN EXPRESS PARTIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH MEMBERS PROJECT, THE USE OF THE PROJECT SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE PROJECT SITE OR A LINKED SITE, EVEN IF AMERICAN EXPRESS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PROJECT SITE.

Use of "Cookie" File Features: American Express reserves the right to store information on a Registered User's computer in the form of a "cookie" or similar file for purposes of modifying the Project Site to reflect Registered Users' preferences. The American Express Internet Privacy Statement provides additional information regarding American Express' use of cookies as well as procedures for disabling cookies. View American Express Internet Privacy Statement, "about Cookies"

Use of Data: American Express will be collecting personal data about Registered Users online, in accordance with its privacy policy. Please review the American Express's privacy policy at www.americanexpress.com. By participating in Members Project, you hereby agree to American Express' collection and usage of your personal information and acknowledge that you have read and accepted American Express' privacy policy.

Digital Millennium Copyright Act — Notification to American Express Regarding Alleged Copyright Infringement: American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright. Notices to American Express regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Office Attn: Technology Counsel at technologies.group.counsel@aexp.com.

Laws: These Project Terms shall be governed by and interpreted under the laws of the State of New York without regard to its conflicts of laws provisions. You hereby agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with Members Project or these Project Terms shall be resolved, upon the election by you or American Express, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by either party. IF ARBITRATION IS CHOSEN BY EITHER PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER YOU NOR AMERICAN EXPRESS WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, 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 ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator's authority to resolve Claims is limited to Claims between you and American Express alone, and the arbitrator's authority to make awards is limited to awards to you and American Express alone. Furthermore, Claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, 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 Project Terms and without waiving either party's right to appeal such decision, should any portion of this paragraph relating to arbitration be deemed invalid or unenforceable, then the entire provision relating to arbitration (other than this sentence) shall not apply.

You and American Express agree that any Claim arising out of or related to the Project Site or Members Project must commence within one (1) year after the Claim arose; otherwise, such Claim is permanently barred.

If any provision(s) of these Project Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. American Express' failure to exercise or enforce any right or provision of these Project Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by American Express in writing.

©2008 American Express Travel Related Services Company, Inc. All rights reserved.