2023 Terms for the American Express® Program at the U.S. Open Championship®

The below sections outline the Terms of Use regarding the Card Member benefits and offer terms for the 2023 American Express Program at the U.S. Open Championship.

 

American Express Mophie Chargers

Available at Fan Services tents, while supplies last, with an American Express Card (excluding Prepaid American Express Cards) from Monday, June 12th through Sunday, June 18th. Limit one (1) Mophie per Card Member per day. Mophies are property of American Express and must be returned to dedicated bins, located at Fan Services tents and the American Express Card Member Lounge, after conclusion of play each day.

 

American Express Radios

American Express Cards (excluding Prepaid American Express Cards) can be tapped or swiped at any American Express Fan Services Booth or Radio Cart on-site to access. Limit one per Card. Available all day Thursday, June 15th through Sunday, June 18th while supplies last.

 

10% Off Concessions Discount

Card Member can receive 10% off all in-stock items when you use any eligible American Express Card to pay for your purchase at an on-site concession location. Discounts will not be applied to taxes or any other fees. Discounts are not valid on previous purchases and cannot be combined with any other offer. Void where prohibited. Fulfillment of this offer is the sole responsibility of the USGA. American Express is not responsible for the fulfillment or administration of this offer. Offer may be modified or discontinued at any time without notice. Discounts are not redeemable for cash. No refunds or exchanges, unless otherwise specified. Amex® Prepaid Cards are excluded.

 

American Express Card Member Lounge Access

Card Member may obtain access to the American Express Card Member Lounge, with two (2) accompanied guests, by showing valid American Express Card (excluding Prepaid American Express Cards). Access provided on a first come, first served basis, subject to capacity. Must be 21+ to drink alcoholic beverages. Please drink responsibly.

 

American Express Card Member Concession Lane

The Card Member Concession Lane is only available for Card Members (guests are not permitted) and is located at the two concession stands within the Amex® Food Garden. Card Members must use their American Express Card to purchase.

 

Amex Collectible Terms of Use

By minting an Amex Collectible (defined below), you acknowledge that you have read, understand, and agree to abide by these terms of use (“Terms”) and that these Terms constitute a legally binding agreement between you and American Express Travel Related Services Company, Inc. (“Amex”) with respect to the Amex Collectible. You also acknowledge that you are using the services of POAP Inc. (“POAPINC”), including, without limitation, to mint the Amex Collectible, and that you have read, understand, and agree to be bound by the POAP terms of service (“POAP Terms”) and the POAP privacy policy (“POAP Privacy Policy”) as made available to you by POAPINC. In the event of a conflict between these Terms and the POAP Terms and/or the POAP Privacy Policy, these Terms will control. If you do not agree to be bound by these Terms, the POAP Terms, and the POAP Privacy Policy, you must not mint the Amex Collectible and any rights granted under these Terms are hereby void.

  1. Definitions.
    • “Amex Collectible” means the non-fungible token (NFT) that serves as a digital proof of attendance at an Amex experience or event. All references to the Amex Collectible in these Terms will be read to include the Amex Artwork (defined below).
    • “Amex Artwork” means the visual and/or audio rendering of the Amex Collectible, which includes, without limitation, still or moving imagery, works of art, animation, copy/text, music, sound, trademarks, tradenames, logos and/or other content included in or necessary to render the Amex Artwork (which includes, without limitation, code) for which the intellectual property rights are owned by or licensed by Amex. All references to the Amex Collectible in these Terms will be read to include the Amex Artwork.
  2. Rules. Subject to the License (defined below), you agree that:
    • You will not sell, trade, transfer, assign, or otherwise convey the Amex Collectible, or any right therein or benefit in connection therewith, in any manner to anyone.
    • You will not use the Amex Collectible for commercial/business purposes, which includes, without limitation, use of the Amex Artwork (or any portion thereof) in any advertising, marketing, or promotional content or for commercial gain (whether financial or otherwise).
    • You will not modify the Amex Collectible in any manner, which includes, without limitation, amending, distorting, adding to, or otherwise changing the Amex Artwork.
    • You will not create derivative works of the Amex Collectible and/or attempt to acquire any intellectual property rights in or to the Amex Collectible (or any portion thereof), which includes, without limitation, the Amex Artwork (or any portion thereof).
    • You will not use the Amex Collectible in any manner that could: (i) violate Applicable Law (defined below), (ii) infringe the intellectual property rights, publicity rights, privacy rights, or any other rights of any third party, POAPINC, or Amex, (iii) be defamatory, libelous, or slanderous, or (iv) be obscene, offensive, shocking, insulting, immoral, unethical or may bring Amex or any of its brands under ridicule, contempt, scandal, public disrepute, or otherwise reflect unfavorably upon or may be detrimental to Amex or its brands.
    • In the event Amex makes available to you offers, benefits, or other perks in conjunction with your Amex Collectible, you will comply with the terms and conditions of those offers, benefits, and other perks. If Amex (in its sole discretion) determines that you have engaged in abuse, misuse, or gaming in any manner in connection with any such offer, benefit, or other perk or that you intend to do so, Amex may choose not to fulfill or otherwise provide the offer, benefit, or other perk, including, without limitation, reversing applicable statement credits from your Amex card accounts. Additionally, as applicable, Amex may also cancel any Amex card accounts that you may have with Amex.
    • You will not permit or require any third party to act on your behalf in manner that is inconsistent with these Terms.
  3. Amex Collectible. You acknowledge and agree that:
    • the Amex Collectible does not have any monetary value; and
    • the Amex Collectible is not being offered as, and is not intended to be, a “security,” as defined under U.S. federal securities laws or the securities laws of any U.S. state or other jurisdiction.
  4. Ownership and Scope of License.
    • Ownership. Amex and its licensors (as applicable) own all rights, title, and interest in and to the Amex Artwork, which includes, without limitation, all intellectual property rights in and to the Amex Artwork. You are not granted any ownership rights of any kind in or to the Amex Artwork, including, without limitation, any rights in or to any Amex trademarks, tradenames, logos, or other identifying marks included in the Amex Artwork. All rights in and to the Amex Artwork that are not explicitly granted in these Terms are expressly reserved by Amex.
    • License. Amex grants to you, subject at all times to your compliance with these Terms, the POAP Terms, and the POAP Privacy Policy, a worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, royalty-free, limited license to display the Amex Artwork in (i) your digital wallet used to hold the Amex Collectible, and (ii) social media accounts and other digital media accounts used for your own personal purposes and not for commercial/business purposes, collectively the “License”. You acknowledge that the License is not perpetual and may be revoked at any time by Amex, in its sole and exclusive discretion, with or without cause and without notice to you. In the event you are in breach of these Terms, the License will immediately terminate, and you will no longer have a right to display or use in any manner the Amex Artwork as described in the License, and Amex, POAPINC, or a third party acting on their behalf may preclude your access to the Amex Artwork.
  5. Privacy. You acknowledge that any personal information that Amex collects, uses, shares, or keeps about you is subject to this Online Privacy Statement.
  6. Representations, Warranties, and Covenants. You represent, warrant, and covenant to Amex that: (i) you are 18 years of age or older, (ii) you have read and understand these Terms, (iii) you will comply with these Terms, (iv) your use of the Amex Collectible will, at all times, comply all applicable constitutions, laws, regulations, statutes, ordinances, rules, treaties, regulations, permits, licenses, approvals, interpretations and orders of courts or governmental authorities (collectively, “Applicable Law”), (v) you have not provided consideration of any kind in connection with minting the Amex Collectible (including, without limitation, monetary consideration), (vi) you are not minting the Amex Collectible for an investment purpose of any kind, and (vii) you will hold the Amex Collectible in a secure digital wallet.
  7. Indemnification. You agree to indemnify, defend, and hold harmless Amex, its affiliates and any of their respective officers, directors, employees, and agents, from and against all claims, demands, regulatory proceedings, damages, costs (including, without limitation, settlement costs), and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or related to the breach or alleged breach of these Terms.
  8. Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE AMEX COLLECTIBLE IS PROVIDED “AS IS” AND AMEX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AMEX COLLECTIBLE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT USE OF THE AMEX COLLECTIBLE WILL BE UNINTERRUPTED, ERROR FREE, OR NOT INFRINGING ANY INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, PRIVACY RIGHTS, OR ANY OTHER RIGHTS OF ANY THIRD PARTY. YOU ASSUME ALL RISKS ASSOCIATED WITH MINTING, HOLDING, AND USING THE AMEX COLLECTIBLE.
  9. Limitation of Liability. YOU AGREE THAT AMEX, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE POAPINC SERVICES, ACCESS TO OR USE OF THE AMEX COLLECTIBLE, THE DELAY OR INABILITY TO USE THE POAPINC SERVICES, AMEX COLLECTIBLE, OR ANY DIGITAL WALLET IN WHICH YOU HOLD THE AMEX COLLECTIBLE, EVEN IF AMEX IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR FORCE MAJEURE EVENTS. AMEX CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE AMEX COLLECTIBLE OR ANY THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, POAPINC SERIVICES AND ANY DIGITAL WALLET IN WHICH YOU HOLD THE AMEX COLLECTIBLE.
  10. Governing Law. These terms are governed by and will be construed in accordance with the laws of the State of New York without regard to any State of New York conflicts of laws or choice of law principals.
  11. Dispute Resolution. For this section, a “claim” means any current or future claim, dispute or controversy relating to the Amex Collectible or anything related thereto, or these Terms. “We” and “us” means Amex and any corporate parents, subsidiaries, affiliates or related persons or entities. This Dispute Resolution section shall survive termination of these Terms. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section. A.) Sending a Claim Notice. Before beginning a lawsuit or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. Go to americanexpress.com/ claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to us must include your name and address and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules. B.) Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. C.) Limitations on Arbitration. If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claim to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. D.) Arbitration Procedures. This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that you and we will not disclose the contact of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing or by an in-person hearing. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. E.) Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any offer we made before the final hearing in arbitration, the arbitrator’s award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees.
  12. Miscellaneous. Without limiting any remedies available to Amex, you acknowledge that a breach by you of these Terms may result in material irreparable injury to Amex for which there is no adequate remedy at law, that it will not be possible to precisely measure damages for such injuries and that, in the event of such a breach or threat thereof, Amex will be entitled, without the requirement to post bond or other security, to obtain a temporary restraining order and/or injunction restraining you from engaging in activities prohibited by these Terms or such other relief as may be required to specifically enforce any of these Terms. These Terms represent the entire agreement between you and Amex with respect to the Amex Collectible, and these Terms supersede all prior understandings and/or communications, both oral and written, with respect to the Amex Collectible. Amex’s delay or failure to enforce any portion of these Terms will not be deemed a waiver of that portion of these Terms. Should any portion of these Terms be rendered void or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.