PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (the “Agreement”) BEFORE REGISTERING FOR THE MERCHANT OFFER(S) (as defined below). BY REGISTERING FOR ANY MERCHANT OFFER IN THE PROGRAM, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES (collectively, "AXP", "we" or "us"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK HERE amexnetwork.com TO RETURN TO THE AMERICAN EXPRESS NETWORK WEBSITE. THE PROGRAM AND THE MERCHANT OFFERS IN THE PROGRAM ARE PROVIDED TO ONLY THOSE ELIGIBLE CARDMEMBERS (AS DEFINED BELOW) WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

A. General
The Program and the Merchant Offers (as defined below) are provided by AXP through a computer having access to the Internet ("Computer"). Under the Program, participating merchants will offer Registered Cardmembers a statement credit upon completion of an Eligible Transaction (as defined below), as set forth below and in the offer (the “Merchant Offer(s)”). “Registered Cardmembers” are defined as Eligible Cardmembers (as defined below) who have registered an Eligible Card (as defined below) on the Program website (the “Program Site”).

B. Eligibility
To be eligible to redeem the Merchant Offer, you must a holder of an Eligible Card, 18 years of age or older at the time of registration for the Merchant Offer and a legal U.S. resident (each, an “Eligible Cardmember”). An “Eligible Card” is defined as a valid consumer American Express® Credit or Charge Card, in good standing, issued in the U.S. either by American Express or by a licensed third party bank issuer of American Express-branded Cards (“Licensed Issuers”) on the Program Site during the valid dates provided on the Program Site or in the email or direct mail you received. Certain AXP Cards, including HealthCare Related Cards, any Prepaid Cards and Corporate Cards are not considered Eligible Cards. Transactions made on another card account or on a supplementary card with a different account number are not considered Eligible Cards. To participate in the Program, Eligible Cardmembers must comply with this Agreement and any additional terms and conditions applicable to the Eligible Cardmember’s participation in the Program.

C. Merchant Offer Redemption and Payment Terms
Registered Cardmembers must complete 2 separate transactions of at least $40 or more at any Walmart Store or online at www.walmart.com. (each, an “Eligible Transaction”) between 11/18/08 and 11:59 PM EST on 12/18/08. You may register only one Eligible Card per registration and there is a limit of one (1) statement credit per Cardmember. Certain Merchant Offers may require only one registration for all such Merchant Offers; others may require separate registration for each Merchant Offer. The Eligible Card that you register for a particular Merchant Offer is referred to as the “Registered Card” for that Merchant Offer. To receive your Merchant Offer, your Eligible Transaction(s) must be charged in full to the Registered Card for that Merchant Offer. Each Merchant Offer is only valid during the times and on the conditions specified for each such Merchant Offer. Your savings from the Merchant Offer will be credited to the Registered Card account for that Merchant Offer as a statement credit. Generally it takes 5 business days, but it may take up to 2 billing cycles from the date of your purchase for such credit to be posted to the Card account.

If you charge your purchase to a Registered Card account that accrues finance charges, the balance upon which finance charges are assessed will include the gross amount of your purchase (i.e., without any savings from the Merchant Offer being applied), and you will be responsible to pay amounts due as provided in the terms of your Cardmember Agreement. If the Registered Card account is a charge card account on which you have activated a flexible payment feature (e.g., ExPO), the gross amount of your purchase will be charged to the flexible payment feature if it is eligible for that treatment, while the savings from the Merchant Offer may be credited to the due in full balance of your charge card account. In this case, finance charges will accrue on the flexible payment feature balance until that balance is paid in full.

D. Merchant Offer Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO EVERY MERCHANT OFFER, UNLESS OTHERWISE SPECIFED IN THE TEXT OF THE OFFER OR AT THE POINT OF PURCHASE: SUBJECT TO AVAILABILITY; OFFER CAN ONLY BE REDEEMED BY FOLLOWING THE REDEMPTION INSTRUCTIONS INCLUDED WITH THE OFFER (EITHER VIA EMAIL OR DIRECT MAIL) OR ON THE PROGRAM SITE; OFFER CANNOT BE COMBINED WITH OTHER PROMOTIONS OR OFFERS; OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES. OTHER RESTRICTIONS MAY APPLY. VOID WHERE PROHIBITED. NO SUBSTITUTIONS OR TRANSFERS WILL BE ALLOWED.

E. Availability/Interruption.
You acknowledge and agree that we are not responsible for performance degradation, service interruption, or delays due to conditions on the Internet or due to any error or malfunction of the Equipment or System. You acknowledge that AXP, ISP and Service Providers shall not be liable to you if the Program is unavailable, interrupted or suspended for any reason. If the Program is not available, interrupted or suspended, you agree that your sole remedy shall be to terminate this Agreement. "Equipment" means the Computer and active internet connection through which you intend to access the Program and use the Program Website. "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”).
The Program is available only at the Program Website and cannot be accessed by any other means. AXP reserves the right to modify, suspend or terminate the Program, or suspend or cancel any Merchant Offer or other sales transaction if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Program, as determined by AXP at any time and in its sole discretion. In the event the Program is modified, suspended or terminated, AXP will provide notice thereof on the Program Website. AXP is not responsible for any computer virus or damage caused to a Cardmember's computer by accessing the website.

F. Fees
American Express does not charge any fees for participation in the Program.

G. Privacy and Security
Any information provided to AXP by you in connection with the Program (e.g., information submitted during registration) shall be governed by the AXP Privacy Policy available at www.amexnetwork.com/privacy.html.
AXP reserves the right to interrupt, restrict, disqualify or terminate your participation in the Program or your access to the Program through your Equipment or otherwise, 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 or the Program Website or any other current or prior program made available by AXP. AXP also reserves the right, at its sole discretion, to disqualify any individual that it believes may tamper with the Program or the Program Website 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 AND/OR A SALE 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.

H. Changes to this Agreement
We may change or modify this Agreement, including Program features and Merchant Offers, from time to time by posting such change or modification on the Program Site.

I. Limitations on Liability
By participating in the Program, you acknowledge that technical processing and transmission of information to and from the Program Website, including the information you may enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
American Express, its Licensed Issuers, agencies, participating merchants, its Service Providers, and any ISPs are not responsible for: (1) any incorrect or inaccurate information, whether caused by Cardmembers, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Program; (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; (3) unauthorized human intervention in any part of the purchase process or the Program; or (4) computer, mechanical, technical, printing, typographical, technical or non-technical, or human or other errors or omissions which may occur in connection with the administration of the Program or the processing of the purchase requests or transactions. You acknowledge that American Express, its Licensed Issuers, agencies, participating merchants, and Service Providers, and ISPs, shall not be liable to you if the Program is unavailable, interrupted or suspended for any reason. If the Program is not available, interrupted or suspended, you agree that your sole remedy shall be to terminate your participation in the Program.
AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, SERVICE INTERRUPTIONS, COMPUTER HARDWARE AND SOFTWARE, MERCHANT OFFERS, TRANSACTIONS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH ANY MERCHANT OFFERS. YOU AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, ACCESS TO THE PROGRAM WEBSITE, AND USE OF ANY PRODUCTS, SERVICES, OR OFFERS OBTAINED IN CONNECTION WITH THE PROGRAM ARE AT YOUR SOLE RISK. THE PROGRAM AND THE PROGRAM WEBSITE ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. AXP SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH THE PROGRAM, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Cardmembers agree to this Agreement, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (the “Releasing Parties”), release, defend and hold harmless American Express and its Licensed Issuers, agencies, participating merchants, and Service Providers, and ISPs, as well as the employees, officers, directors and agents of each (the “Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against the Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from the Cardmember’s participation in the Program. Cardmembers assume all liability for any injury, including, but not limited to, death or damage caused or claimed to be caused, by participation in the Program or use of any product, service, or offer purchased or received in the Program.
This paragraph shall survive termination of this Agreement.

J. Equipment Requirements
In order to print this Agreement and any other notices from American Express, you must have a personal computer equipped with a 128-bit JavaScript-enabled browser and Internet access and connected printer.

K. No Amendment of Existing Terms and Conditions For Cards
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF EACH MERCHANT OFFER 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 CARD ACCOUNT ("CARDMEMBER AGREEMENT"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD ACCOUNT OR THE STATUS OF YOUR CARD ACCOUNT, 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.

L. Governing Law
The Program and 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.

M. Dispute Resolution
Cardmembers hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with the Program or this Agreement shall be resolved, upon the election by the Cardmember 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 the party electing to use arbitration. 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 AMERICAN EXPRESS NOR THE CARDMEMBER 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 THE CARDMEMBER WOULD HAVE IF THE CARDMEMBER 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 American Express and the Cardmember alone, and the arbitrator’s authority to make awards is limited to awards to American Express and the Cardmember 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 shall survive termination of the Agreement.

N. Assignment
We may assign or delegate all or part of American Express’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 American Express's prior written consent, and any assignment or delegation by you in breach of the terms hereof shall be null and void ab initio.

O. Entire Agreement
This Agreement represents the entire understanding between the parties 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.

You may register only one Eligible Card per registration and there is a limit of one (1) statement credit per Cardmember.

OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES. OTHER RESTRICTIONS MAY APPLY. VOID WHERE PROHIBITED. NO SUBSTITUTIONS OR TRANSFERS WILL BE ALLOWED.