Program Terms and Conditions

American Express Pass for Apple Passbook
Terms and Conditions

Last Modified: April 16, 2013

PLEASE CAREFULLY REVIEW THE FOLLOWING PROGRAM TERMS AND CONDITIONS (the “Agreement”) BEFORE CREATING AND/ OR USING AN AMERICAN EXPRESS PASS (“PASS”), OF WHICH CONTAINS CERTAIN ACCOUNT INFORMATION FOR YOUR QUALIFYING AMERICAN EXPRESS CARDS, THAT YOU MAY DOWNLOAD ONTO AN iOS 6 ENABLED IPHONE® AND IPOD TOUCH® DEVICE THROUGH APPLE’S PASSBOOK APPLICATION (the “Program”). BY REGISTERING FOR ANY PART OF THE PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, EACH TERM, CONDITION AND DISCLAIMER CONTAINED HEREIN, AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES (collectively, "AXP", "we" or "us"). IF AT ANYTIME YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT REGISTER FOR OR OTHERWISE USE THE PROGRAM. THE PROGRAM IS INTENDED TO BE PROVIDED ONLY TO ELIGIBLE CARDMEMBERS (AS DEFINED IN THIS AGREEMENT), WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE COMPLETED REGISTRATION FOR THE PROGRAM.

Table of Contents

A. Eligibility and Registration

  1. Eligibility. To participate in the Program, you must be 18 years of age or older, have the power, authority and capacity to enter into this Agreement and be a valid holder of an Eligible Card (as defined below) registered with the Program. Subject to such eligibility requirements, an “Eligible Card” is a valid American Express Consumer Card or Business Card from American Express OPEN issued in the U.S. by AXP; however, certain cards are not deemed Eligible Cards, including a licensed third party bank issuer of AXP-branded Cards (“Licensed Issuer”), Prepaid Cards (including, without limitation, American Express Gift Cards), supplementary Cards and Corporate Cards. The Card account under which an Eligible Card is issued must be active and not in default for you to be eligible to create a Pass containing account information about that Eligible Card.

    To be able to download a Pass and complete the steps described below, you must have the iOS 6 operating system loaded onto any of the following devices: (i) iPhone 3GS; (ii) iPhone 4; (iii) iPhone 4S; (iv) iPhone 5; or (v) an iPod touch Fourth Generation (“Apple Devices”). Learn more about iOS 6 enabled devices by clicking here.

    A Cardmember that satisfies all the preceding requirements is referred to in this Agreement as an “Eligible Cardmember.” An Eligible Card that you register for the Program is referred to as the “Registered Card.”

    You may only generate a Pass up to six (6) times per Registered Card at any given time. Each Eligible Cardmember may install a Pass on up to six (6) Apple Devices, except in the instance you’ve added your Pass to the maximum device limit of 6. The total number of Apple Devices will include the iCloud if you choose to enable that setting for your Pass. Upon downloading onto a seventh Apple Device (including the iCloud if enabled), the fourth Pass will be rendered unusable.

  2. Registration.

    You may register an Eligible Card for the Program through an iOS 6 enabled Apple Device. The creation of Passes through a mobile device that is not iOS 6 enabled will require the additional step of upgrading your Operating System to iOS 6; successful enrollment through an iOS 6 enabled Apple Device results in the automatic download of a Pass.

    1. Registering through an Apple Device: You must: (a) visit the American Express Pass Registration Page and (b) follow instructions on the American Express Pass Registration Page to register such Eligible Card in order to generate a Pass that must be downloaded to an Apple Device. Upon successful registration, your Pass will automatically be created and downloaded onto the Apple Device that you used to register. You must tap the “Add” button on the Pass to save to Passbook. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/passbook/CustomerService or by calling the number on the back of the Eligible Card you wish to register.
  3. Cancelling Your Participation in the Program/Delete Your Pass.
    1. You may withdraw your participation in the Program by deleting a Pass. To do so, open your Pass and swipe to reveal the “back” of the Pass. Then, tap the “Trash” icon in the upper left hand corner. Your Pass will then be deleted from Passbook, and American Express will no longer send updates to that particular Pass. If you have enabled iCloud to store your Pass for one or more devices, you must call the number on the back of your Card to request AXP to request we stop all sharing related to your Pass. You may also attempt to delete your Pass yourself in accordance with the above deletion instructions, but you must first make sure iCloud for Passbook is turned off on your device before deleting your Pass. For assistance, contact AXP Customer Service at: https://sync.americanexpress.com/passbook/CustomerService.
    2. AXP reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program without cause and without notice to you.
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B. How the Program Works

  1. Information Contained On Your Pass
    1. General. Once you have successfully loaded a Pass onto an Apple Device, You begin using your American Express Pass for Apple Passbook by opening the Passbook application on your Apple Device. Once you have opened the Passbook application, you may view the following account information for the Eligible Card on that Pass: (i) first name (may be truncated due to space limitations) & first initial of last name; additionally, the name that appears on all Passes associated with your Eligible Card will the name entered at your first successful registration; (ii) last five digits of that Registered Card; (iii) outstanding balance; and (iv) last five transactions/charges to that Registered Card (for each charge, day and month of charge, amount, and merchant will be displayed). The back of a Passwill list your five most recent transactions, and these transactions will reflect authorized charges; some of these transactions may be “pending charges” since they are only the authorized amount put on your Eligible Card. If you don’t immediately load a Pass onto an Apple, Device at the time you register, it will be populated with information from the date and time it was originally created. Shortly thereafter, that Pass will be automatically updated with your recent account information.
    2. Pending Charges. Pending charges represent charges that have been authorized but not yet posted to your account. A pending charge may include an amount that is pre-authorized by a merchant before you make a purchase (such as a hotel check-in), that is then submitted as a final charge later (like a hotel check-out). Pending charges don’t accrue interest or increase your balance amount.
    3. Supplementary accounts on an Eligible Card account. If there is a supplementary Card associated with the Eligible Card that you registered for a Pass you will see the total balance amount inclusive of supplementary spend but you will not see either the individual charges or receive push notifications for supplementary Card activity.
    4. Payments and Credits. Payments and credits are not reflected in Recent Charges; only transactions, including cash advances, will be reflected.
  2. Automatic Updates/Notifications.
    1. By default you may receive Pass notifications from time to time based on your account activity. If you do not wish to receive notifications you may turn off notifications by opening the Pass and tapping the “Information” icon to reveal the back. By changing the “Automatic Updates” setting from “On” to “Off” and you will no longer receive push notifications. Please note: this will also disable American Express from automatically updating other fields of information. To manually update your Pass, pull down on your screen while viewing the “back.” You can also control your notifications for Passbook settings through your device settings under “Notifications” where you can select your preferences for Passbook notifications.
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C. Information We Collect and How We Use It

We use the information you provide to us such as name, email address, AXP fifteen (15) digit account number, Card security (“CID”) code and zip code to confirm your eligibility for registration in the Program. AXP will send to Apple the device id from your Apple Device which will serve to identify you to Apple to facilitate your participation in the Program. You understand that Apple may view the information contained within a Pass, including any updates or notifications sent by American Express.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your Apple Device that is gathered periodically to facilitate the provision of updates to a Pass or services related to the Program. AXP may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Any information provided to AXP by you in connection with the Program, such as information submitted during registration, shall also be governed by the Online Privacy Statement (https://www.americanexpress.com/privacy).

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D. Availability/Interruption; Termination

You (and not AXP) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, Equipment, and services needed to participate in the Program including, without limitation, loading a Pass onto an iOS 6-enabled Apple Device. "Equipment" means the hardware (including an Apple Device) and active internet connection through which you access, or attempt to access, the Program and/or a Pass "System" means the hardware and software owned or operated by AXP, an Internet Service Provider (“ISP”) or any third-party service provider engaged by AXP to facilitate or administer the Program (“Service Provider”).

AXP reserves the right to suspend, limit, remove, disable, cancel or terminate your participation in the Program and/or a Pass if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Program and/or a Pass as determined by AXP at any time and in its sole discretion. AXP also reserves the right to terminate the Program, and any Pass, at any time for any reason at its sole discretion. AXP is not responsible for any computer virus or damage caused to Equipment by accessing the Program or a Pass.

The license granted hereunder is effective until terminated by you or AXP. Your rights granted hereunder will terminate automatically without notice from AXP if you fail to comply with any term(s) contained herein. Upon termination of the license, you must cease all use of the Program, and delete any Pass that is then currently installed on your Apple Device(s).

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E. Suspected Fraud and Security

AXP reserves the right to suspend, limit, interrupt, restrict, disqualify or terminate your eligibility to participate in the Program without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the Equipment or your Registered Card(s).

AXP reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with any aspect of the Program, a Pass or any other services made available by AXP. AXP also reserves the right, at its sole discretion, to disqualify any individual that it believes may tamper with either the Program or a Pass, or that it believes to be acting in any manner deemed by AXP in its sole discretion to be improper or disruptive or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AXP RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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F. Changes to this Agreement

We may change, supplement or modify this Agreement from time to time by posting such change or modification on https://sync.americanexpress.com/Passbook/Terms. Upon modification, we will update the date indicated after “Last Modified” at the beginning of this Agreement. If you do not agree with the current or modified Agreement, however, you must not participate in the Program. You may withdraw your participation in the Program by deleting a Pass (please see Section A(3) for instructions on deleting a Pass).

Your participation in the Program following the effective date of such change constitutes your agreement to be bound by this Agreement as modified and its applicability to you.

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G. Limitations on Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL AXP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE PROGRAM, ANY PASS, OR SERVICES, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall American Express’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

This paragraph G shall survive termination of this Agreement.

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H. No Amendment of Existing Terms and Conditions For Cards

THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR THE AGREEMENT GOVERNING YOUR ELIGIBLE CARD ACCOUNT ("CARDMEMBER AGREEMENT"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD ACCOUNT, INCLUDING ITS STATUS, YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE THE ONLINE CUSTOMER SUPPORT AVAILABLE AT YOUR CARD ISSUER’S WEBSITE.

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I. Your Use of Apple’s Passbook, Apple Devices and/or the iOS 6 Operating System

You may access or use Apple’s Passbook product, iOS 6 operating system and/or an Apple Device in a manner that is not administered by AXP. For example, you may export your Program account information outside of Passbook. You confirm and acknowledge that any such access or use will be subject to Apple’s or the appropriate third party’s then current terms, data privacy and security provisions and practices, and those provisions and practices may differ than those provided to you through AXP. AXP is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of Apple’s or any third party’s products or services.

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J. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND REGISTRATION FOR THE PROGRAM AND USE OF ANY PASS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM, ANY PASS AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUR WARRANTY OF ANY KIND, AND AMERICAN EXPRESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM, A PASS AND RELATED SERICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED RIGHT OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AMERICAN EXPRESS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM OR A PASS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PROGRAM AND/OR A PASS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROGRAM AND A PASS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM OR A PASS OR SEVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PROGRAM, A PASS OR RELATED SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

ACCESS AND USE OF THE PROGRAM, A PASS, AND RELATED SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. AMERICAN EXPRESS DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU IF CIRCUMSTANCES BEYOND OUR CONTROL INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING WITHOUT LIMITATION, UNAVAILABILITY OR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION. AMERICAN EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE PROGRAM, A PASS, AND RELATED SERVICES.

USE OF THE PROGRAM, A PASS, AND/OR RELATED SERVICES WILL INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL FINANCIAL INFORMATION ACROSS THE NETWORK OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS THE PROGRAM, A PASS, AND/OR RELATED SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERIVCE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMERICAN EXPRESS OVER THE INTERNET FROM A MOBILE PHONE, WE REQUIRE THAT A “SECURE SESSION” BE ESTABLISHED USING TRANSPORTATION LAYER SECURITY. AMERICAN EXPRESS WILL TREAT YOUR DATA IN ACCORDANCE WITH THE AMERICAN EXPRESS PRIVACY STATEMENT.

AMERICAN EXPRESS DOES NOT CHARGE FOR USE OR ACCESS TO THE PROGRAM, A PASS, OR RELATED SERVICES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE PROGRAM AND/OR A PASS HOWEVER CAUSED. AXP, its Licensed Issuers, agencies, Service Providers, and ISPs are not responsible for: (1) any incorrect or inaccurate information, whether caused by Cardmembers, printing, typographical or other errors; (2) any transmission delays, interruptions, omissions, deletions, defects, delays or failures of any kind, including, but not limited to, system malfunctions, performance degradation, service interruptions, or disconnections or disruption in phone lines, network hardware or software or Internet connectivity; or (3) computer, mechanical, technical, printing, typographical, technical or non-technical, or human or other errors or omissions which may occur in connection with the Program.

This paragraph J shall survive termination of this Agreement.

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K. Indemnification

You shall indemnify and hold American Express, its licensors, sponsors, agencies and its 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 (i) your use of the Program or a Pass(ii) any breach of the terms and conditions set forth in this Agreement by you or other users of the Program using your credentials, or (iii) any use of Passbook, the iOS 6 operating system, or an Apple Device not in accordance with this Agreement. 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.

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L. Governing Law

This Agreement shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions.

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M. Alternative Dispute Resolution

You hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Agreement shall be resolved, upon the election of you or American Express, by arbitration pursuant to this provision and the code of procedures of either JAMS or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 30 days after you receive notice of our selection. IF ARBITRATION IS CHOSEN BY ANY 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 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. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator’s authority to resolve Claims is limited to Claims between AXP and you alone, and the arbitrator’s authority to make awards is limited to awards to AXP and you 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 this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

This paragraph M shall survive termination of the Agreement.

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N. Assignment

We may assign or delegate all or part of AXP’s rights or duties under this Agreement without such assignment or delegation being considered a change to this Agreement, and without notice to you. You may not assign this Agreement, or delegate any of your duties hereunder, without AXP’s prior written consent, and any assignment or delegation by you in breach of the terms hereof shall be null and void ab initio.

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O. Entire Agreement

This Agreement represents the entire understanding between you and AXP with respect to the Program, and may only be amended as described in this Agreement. No waiver by us of any breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement. If any part of this Agreement is found to be void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

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