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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CENTURION BANK,
a Utah Corporation! a wholly owned
subsidiary of American Express
Travel Related Services Company,
Inc., a New York Corporation
Plaintiff
No. 00 - !79~
c,c>~[y~
vs.
COMPLAINT IN CIVIL ACTION
CATHERINE E. ALVAREZ
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
LORI A. GIBSON, ESQUIRE
PA ID#68013
P. WILLIAM BERCIK, ESQUIRE
PA ID#59l74
Bernstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
BERNSTEIN FILE NO. AXOOOI08
DIRECT DIAL: (412) 456-8100
NOTICE
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CENTURION BANK,
a Utah Corporation, a wholly owned
subsidiary of American Express
Travel Related Services Company,
Inc., a New York Corporation,
vs.
No.
CATHERINE E. ALVAREZ,
NOTICE AND COMPLAINT
NOTICE TO DEFEND
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You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served upon you, by entering a written appearance personally
or by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the Court, without
further notice, for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
(1-800) 990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WILL BE
USED FOR THAT PURPOSE.
01081207
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CENTURION BANK,
a Utah Corporation, a wholly
owned subsidiary of American
Express Travel Related Services
Company, Inc., a New york Corporation,
llt,. C>-o- 6'19,2 ~ ~
Plaintiff
vs.
CATHERINE E. ALVAREZ,
Defendant
COMPLAINT IN CIVIL ACTION
1. Plaintiff, AMERICAN EXPRESS CENTURION BANK, is a Utah chartered financial
institution, and a wholly owned subsidiary of American Express Travel Related Services
Company, Inc., a New york Corporation, authorized to do business in
Pennsylvania.
2. Defendant, CATHERINE E. ALVAREZ, is an adult individual who resides at 202
Locust Drive, New Cumberland, Cumberland County, Pennsylvania 17070.
3. The Defendant applied to for and was granted an American Express Card,
bearing the account number 3722 854354 51007, and an account agreement entitled;
AGREEMENT BETWEEN OPTIMA CARDMEMBER AND AMERICAN EXPRESS CENTURION BANK ("Agreement"),
was mailed to the Defendant. A true and correct copy of the said Agreement is attached
hereto, marked as Exhibit "111 and made a part hereof.
4. By using the account, the Defendant, became bounded by the terms of the
Agreement.
01081207
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5. The Defendant made use of the account and has currently a balance due and
owing to Plaintiff in the amount of $4,581.09.
6. Defendant is in default of the terms of the parties Agreement having not
made payment to Plaintiff as promised, thereby rendering the entire balance immediately
due and payable.
7. Plaintiff avers that the written account Agreement between the parties
provides that Plaintiff is entitled to collect its reasonable attorney's fees, incurred
in collecting the balance due.
8. Plaintiff avers that its reasonable attorney's fees will amount to $916.22.
9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully
failed and/or refused to pay the principal balance, attorney's fees or any part thereof
to Plaintiff.
WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this
Honorable Court to enter judgment against the Defendant, CATHERINE E. ALVAREZ, in the
amount of $5,497.31 plus legal interest at the rate of 6% per annum from December 7,
2000 and costs.
By:
L . Gibson
Attorney for Plaintiff
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
01081207
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WELCOME TO OPTIMA CAlIDMEMBERSHIP
Please read this Agreement thoroughly, because when you keep, sign or- use
the Optima Card issu~ to you, including any renewal or replacement Cards
issued to you (he~t referred to 'as the "Card"), you agree to the tenns of
thiS Agreement Since you asked us to open the Ca.rdAccount ("AccoUllt"),
you are the "Basic Cardmember" and you;Vi1( have an account with us. You
may request thil: we issue a Card to another person, and if we 00, that
person will be C3l1ed an "Additional Cardmember" on your Account You
agree to make sure that any Additional Cards issued on your AccOunt 3te
used in a manner consistent with this Agreement The term "Card" refers to
the Optima Card issued to you and all other Cards issued on your Account
This Agreement is governed by Utah law and applicable
[ed=1law.
USING 1HIS CARD
We welcome you to. use the Card to purchase goods and_services from estab-
lishments accepting the Card, and _to' take advantage of other features of the
.C:.url. You are responsibleJor paying all amounts charged to the ~unt by
either yowseIf or any Additional Cardmembers. You may not permit any
other person to use the Card issued to you. However, you are responsible for
payment'of all charges made with Cards issued on your Account, even iIyou
have let someone else use the Card. You agree to notify us at once_if the Card
or any~ecks we may i~ue,on your Account are l05t or stolen, or you
suspect they are being used without your permission. You agree to use the
Account only for legitimate purchases o_f goois and services. Remember that
outside the United States, returns are usually more restricted. You should nm'
use the ~ before the valid-date or after the-expiration date" If you want to
cancel your Account or any Additional Cards, you must contact us and
destroy the Card or any Additional Cards.
We reserve the right to deny authorization for any requested Charge.
If you are also an American Express Cardmembei; please-be awan! that
certain American Express Cardmember selVices may not be charged on the
Account If you provide your account number on an application for such a
service, we will cha.rge theselVice to your-American Express" Card Account,
if you have one; otherv.ise, the charge will be denied
If you provide authoriZation to ;t meoch.ant 1O hill Ch~ 00 a recurring
basis to your Card account ("Recurring Charge[s]"), and if a replacement
Cud has been lssuei 1O you (be-;ause, for example, )'(Jur Card 015 betn lost,
stolen, canceled, upgraded or renewed), then we may provide such merchant
with your currentCasd acI:OUnt status, ~nt number andlm' ex:p.iration
date in order to permin.he mercllanc to continue to bili the Recurring
Ch,,%, fll your current Cald """'" until you notify IlS 3l1d the metWnt
that you have withdrawn your authorization.
ADDmONAL CARDS
Additional Canirnembers do not ha~ accounts with us. Any ~tional
Card may be cancelled by you or us. Additional Cards issued on your
ACCOunt musE be wed in a manner coruiistent with this Agreement
au also authorize_us to discuss the Account Viith Additional Can:lmembers
in the course,of maintaining your Account We may, at our discretion.
pursue Additional Cardmembecs for payment of their own ::harges if you
~lfllpayth'"'Chalges.
CREDIT llMIT
Your monlhly statements will show the amount.of credit available to
you for Puithases 3l1d for Cash Advances and APRs for Puithases 3l1d
Cash Advances as of the statement date. You agree not to use the Account
in any way which would make the unpaid balance of. your Account or Cash
Advances on your Account exceed the applicable limit. You also agree to
pay us the amount of any transactions on your-Account in excess of the
applicable limit
GRACE PERIOD
The Groce_Period for Purchases is 25 days from,the dale the charge first
appe:us on your hilUng statement,for any billing period in which you had
no ou~tanding balance at the'beginning of the billing period (including
any Arne:< LOG Tl"l1rIS!ecs). llyour new"oalaoce is not paid.in full on or
before the Payment Due Dare, Finance Charges, at rate) provided for in this
Agreement, will be assessed on your oulStanding balance from the Payment
Due Date on your billing s,tatement and on future Purchases from the date
of purchase until rhe billing period in which we receive payment in full On
Cash Advances and BalanceTransfers, Finance Charges are a5SeSled from
the dare of the Cash Advance or Balance Transfer until the dale we receive
payment in full.
ANNUAl. FEE
There is no annual fee.
RENEWAL OF CARDS AND CANCELL\.TION
The Cald wiU be valid within the time period.mbossoI on theCanLI\'.will
issue ~ou renewal or replacement CanIs before the current Card expires and
we lIo-iU continue (Q do so until yout Account is cancelled.
l1AIllllTY FOR CHARGES AND FINANCE CHARGES
You may use the_ Cald (Q obtain gocds and services from any person who
""'Pu ill. Card ("pu"hase(s)"), and obtain loans ("Cash A<ivance(st)
from us, by way of -optima Checks and ATM access, upon enrollment '
through the AmeriCUl Exp~. E:<press Cash p~, up to the applip.qle
limits on your Account Cash Advances-will aJso include loans madeto'yPu
by.ayof th. use 01_ paymenlch<tks used fll pay all or parto/your
, outstarlding balance On American Expre$i" CharRe C~ if such cl1ecks:,aie
made available to' You. All_amounts clwged 10 <Ul Accoun~ which inclUde
Purchases, Cash Advances, the WlUa! Basic Ca:rd fee, if any, or other f~
and any Finance Chalges Imposed _r thls Agreemen, will be tailed
"Charge:" in thls Agreement Chalges indude any Puithase or Cash .
Advance in which roo have evidenced an intent to incur a Charge, re~~
of whether you ha~ signed a charge fonn. You are liable to us for aU
Chacges you makt and all Cbacges made by boldeG 01 any Additional Cas<ls-
Additiooal Cardmembers using a Basic Cardmember's Account are not liable
fCl' ooUgations irlalmd by-the Basic Cardrnember t)t by . Mrlitiortal '
Cardmembers. H~r, by ea:h use of the Additional Card to make
Purchases or obtain Cash Advan"", theAdditionalCardmember will be indi-
cating his or her agreement to pay us for that_Purchase or C~h:Advance if
'j1)U fail or refuse 1.0 pay that obligation. Adqitional CardInernbm may not
use Optima Checks isSued 10 the Basic Cardmember.
MON11lLY STATEMENT . ~llNIMUM PAYMENT
We 'WiU $i.!fid you a SUIement for eacl1 billing period during which there ,is
any activity or balance on your Account On each statement a Minimum
Paymen' will be slmn which is due 25 dais after the_ tlnsin% dare.
Th. Minimum Plljrnen' (which will be rounded up or down fll the nearest
who~dou.rif_thanI15.oo)wiIlbe 1/5Oth 01 the ourstsnilins
balanct! but noe less than $15.00, or the New Balance if it is less man
$15.00, pillS any~y bUledMinimum P~ thalremain ~
on cneClosing Dare of the statemenL
You may pay more than that amount,oryou may pay the totalliewBalance
at any ~ An incre3se or decrease in any Daily Periodic Rare may increase
or decrease the amount of your Minlmwn Payments.
Subject" 'Pplitabi. law, we """"' the right" apply your paymen. 3l1d
tredi. " Finance Clwges. ill. ou.canding balance 01 your Ao:oun, 3l1d
other fees or char&eS in any order at our discretion.
CALCUlATION OF DAU.Y PERIODIC RATE
A. The Daily Periodic Rare for Puith"" 3l1d Cash Advances depends on .
your adh.rence III the ten!IS 01 thls Agreiment each month up fll the
12-roonth period preceding"", billing period (each such period
being referredfll" a "Re>iewPeriod").
B. Th. !}.tily P.riodic Rille for Puithases and Cash Advances is based on
an ANN1IAL PERCENTAGE RATE ("APR") [or Puithases and
Casb Advances, whidt may be adi- monthly. Subject fll
Pangrilph C bel.. the APR for Purehases 3l1d Cash Advances is
equ~ to ill. 'PpUtabI. Prime Rille (described below) pIllS 8.75%. Th.
Daily P.riodic R3l< [or Puith"" 3l1d Cash Advances for ""h hilling
pericd is l/365th of the APR for Purchases and Cash Advances in
.!lect [or th" billing period. rounded to the nearest one Ien-t!loo-
sandthofapercenttgepoinl
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C. Notwithstanw!lg the foregoing. the APK for Purchases and Cash
Ad~ will pe a fixed rate of 23.99% with a Daily PeriOOic Rale of
.0657% if in any Review Period (a) any portion of any Minimum
Paym~t on,y;mr Account is included within aRunpaid-previous
baJance on billirig statements on three or more occasions, (b) any
po~on of any Minimum Paym~nt on your Account is included
witOin an unpaid previous baJance on two consecutive billing
periods, (c) you' breach the terms of any other'American Express
accoun~ or (d) your Account is considered in-default for any reason
aruiloris canceUed.
D. For purposes of this Agreemen~ the applicable Prime Rate for billing
periods ending in any month is the Prime Rale published in The
Wall StreetJourna! on the 15th day (or if the 15th is nota business
day, the preceding business day) of the prior momh. If more than one
Prime Rate is so,published we may choose the highest of such Prime
Rates. In the event that The Wall Street Journal c~ to be
published or ceases to publish the Prime Rate, we may refer to the
Prime Rate published in any other newspaper of general. circulation
in New York, New York. or we may substitute a similar reference rate
at our sole discretion.
E. Any balances transferred from another account to this Account shall
be governed by the tellDS and COnditions of this Agreement, unless
notifiedothetwi5e.
AVERAGE DAlLY BALAI'lCE MIITHOD FOR
CALCULATION OF FINANCE CHARGES
TheAve"'8' D~ly B~ance lor Purob"", ("ADBP") is detemJjnedby taking
the beginning balance for Purchases on the Account each day (including
new Purchases), the annual fee, if any, and other fees, adding any accrued
but unpaid Finance Charges or debits applied. against Purchases, an annuaJ
fee, if any; and other fees (excludiri~'jnsurance premiums) for that day, and
subtracting any payments or crediqi applied. against Purchases for that day.
This is the daily balance for Purch~. Then, the daily baJances for the
billing period are added and the lot:ll is divided by the number of days in the
billing period. This is the ADBP. Th~ ADBP will be considered to be zero if
you paid the closing balance, if any, shown on your previous month's state.
ment by the payment due date shown on that statement To ca1Cl.1late the
Finance Chm'ges on Purchm for a billing period, we multiply the Daily
Periodic Rate for Purchases by the ADBP and multiply the resulting number
by the number of days in the billin~ ,,'Cle. Balances transferred from other
lending products will bf subject 10 fue APR for Purchases after the expiration
of any promotional APR offered, unl.ess you are othelWise notified.
The Avtrage Daily Balance for Cash Advances ("AD8C") is detennined by
taking the beginning balance of C3.<;h AdV&1ce5 on the Account each day,
adding any new Cash Advances, fl.'e5; associated with C3Sh Advances and
accrued but unpaid Finance Charges or debits applied ag:unst C3Sh
Advances for that day and subtr3cting any payments or credits applied.
agaii1st Cash Advances for that day. This is the daily baJance of Cash
Advances. Then, the dailybalances:tor the billing period are added and the
total is divided by,the number of da)'S in the billing period. This is theADBC.
To calculate the Frnance Charge on Cash Advances for a billing period, we
multiply the Daily Periodic Rare fo~ Cash Advances by the ADBC in the
Account during the billing period CClvered by the Account statement and
multi.ply,'1M resulting, n.umber,by the nuinber of.w.ys-,in the billing cycle.
The ~ta1 Finance Cha<ge for the billing period is calculated by adding
finance Charges on Cash Advances, Purchases and balances subject to a
promotional APR. Finance Charges, are added to the outstanding balance at
the end of the billing period for wbith they are calculated. The minimum
F'rnance Charge for any biUing peri()([ is $0.50.
PAYMENTS
Minimum'Paymt!1t for aU Charges; is.due by the.p.ayment Due Dale on your
monthly ~nt You must nolifj> us immediately of any change in your
billing address. You must pay us in:U.s. currency, with a draft or athed<
dmn on a U.S. ~ank (other than.\meri!2l1 Exp"" Centurion Bank) and
payab~ in u.S. dDU"" orwith an!&Cdable instrument payab~ in u.S.
doll", and clearable through the rJ.S. banking S)'- If ",decide to
accept payment made in some o~ fotm, your payment will not be credited
until it is converted into one of the rorms desaibed. in the previous sentence.
We may charge you any costs we in~ur in converting your payment If any
payment made on your Account is not honored for i~ full amount, we may
charge your AccoWlt $25, unless othelWise provided by applicable law.
We may accept late payments. partia.t payments or any paymen~ marked as
being payment in full or ~ being ~ttlement of any'dispu!e without losing
any of our rights under this .\greem~nt or under the law. If we accept such
payments, this does not me:Ul \\-e agree to change this Agreement in any way.
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DEFAULT
We maycoroideryour Account to be in default at any time if you fail to pay
us any payment when it is due, if you anempt to borrow more than the
applicab.le limits on your Account or if you breach any other promise or
obligation' under this Agreement
Subject to applicable law. we also may consider your Account in default at
anytime if.Mystalemenr Imlde by you to us in connection with this credit
program was false or mislearling. if you breach any other promise or obliga.
tion under dlis Agreement or any other agreement that you may have with
us or with allY of our affiliates or if Q,'e receive lnfonnation from a third
party (including credit reporting agend.,) indi_g that you are bankrupt
intend to file bankruptcy, are unable to pay your debts as they become due,
or are otherwise not creditworthy. In our determination of your credit.
worthiness. in our discretion we may consider the amount of debt you are
carrying compared to your resources or any other of your credit character.
istics, regardless of your performance on this Account In addition to other
remedies v.-e may pursue upon defaul~ we reserve me right to reduce your
credi[ line or require repayment of a portion of your oUlStanding baJance
greacer than the Minimum Pa}menL
Additionally, we may consider your Account in default if at any time you
declare bankroplCyor in the event of your death.
Upon your default and subject to any limitatioru; or requirements of appIic.
able law, you agree to pay all other re:1SOnable costs, including reasonable
attomey'sfees, incurred by us (l) incoUecting the balance due. including
finance Charges, if any, ",tether or not suit is brought against you, and (2)
in protecting ourselves from any harm mat we may suffer 3S a result of your
default We may also, upon your defaul~ subject to applicable law, declare
the entire amount of your obligations to us immediately due and payable
and suspend or cancel ~.our Optima Account privileges.
DEIlNQUENCY FEE
Your Account is considered delinquent if you fail to pay us at least the
Minimum Payment by the Payment Due Date sholllO on each monthly state-
ment If your Account remains delinquent as of the end of the billing period,
we may 3SSeSS a Delinquency fee of S29, subject to applicable law. You will
only be charged one late pa~ment fee for any minimum monthly payment
which is not paid by the pa)'Tllent due date.
SUSPENSION/CANCEllATION
In addition to any of the actions we may take under this Agreemen~ we may
suspend or cancel your Optima Account privileges at our sole option, subject
to applicable law, at any time with or Q,ithout cause and without giving you
notice, including but not limited to siruations in which'(!) you cease to be
an Account holder in good standing Iloith respect to any other accounts you
may ha~'e with American Express, or (2) you are in default My such action
on our part willllot cancel your obligation to pay us the outstanding
balance, Finance Charges and other charges due on your Account under the
terms of the Agreement in effect at the time of the c:ancellation or suspen~
sion of your Account, or as subsequendy amended. You agree to pay us aJl
such obligalions despite my suspension or cancellation of your Accounl
TRANSACTIONS MADE IN FOREIGN COUNTRIES
If you initiate a transaction in a foreign currency, it will be converted. into
U.S. doU:us on the date it is processed by us or our agents at a rate set by us
based on -an in!e!bank, tourist or (where:required by law) offidaI rare,
increased in each instance by up to zro. This rare may differ from rates in
effect on the dale of your transaaiOrL Transactions converted by establish.
ments (such as airlines) ",ill be billed at the rates such establishmenlS use.
FEES
We may charge the foUowing fees, subject to applicable laW:
J.~
A fee of up ~ $29.iIl be charge! for any payment to your Ac<:ount
that is not honored for its fuU amounl Also, if you use the Card to
cash a check at an American Express Travel Service Office or other-
authorized location and the check is not honored for its full amount,
we may charge to your Account the portion of the check. that was not
honored and we may charge an amount not to exceed $29.
2. WIRE TRANSFERS
If you initiate and are authoriZed to complete a wire transfer from
your Optima Account. Ilt-e may charge your Account afee of $15.
3. COPIES OF STATEMEm-3 AND CHECKS
If you request a copy of any billing stltemen~ or any check you have
dral1o'!l on your Account, -we may charge }'tlur Account a fee of $3 for
each billing statement or check. We will not charge your Account for
billing statements for the three months prior to the month of your
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request. N..larl< residen., If 1"U """Id iike to reOOV< =11cl
checks wtth your billtng statement (or a fee, you may contact 1JS..
4. STOP ?AYME'IT ORDERS
If you request us to stop payment on a check drawn on YOUf Account,
we may charge your Account a fee of $29.
5. OVER TIiELIMIT mE
If you make a ChoU'ge that causes }'QUi outstanding balance to exceed
your credit limit, we may charge you a fee of $29.
6. ACc:orfNT RE-OPENING FEE
II your Accountis considered in default for any reason and is can~
celled. and you reque$t reinsta.tement, we may charge your Account
a ~lng fee of $25 ifsuch request is honored.
USE OF CASHAND TRAVElERS CHEQlJE
DISPENSING MACHINES
We encou(3.ge you to enroll in the Express Cash progmn. An agreement
concerning the use of the Card in connection with the Express Cash
Program is aruu:hed tcf this Cardmembe~ Agreement Please refer to that
agreement for righrs and duties relating to the ~ of this Card in such
Machines. The fee for using the Card to obt<1in cash from an automated
teller machine is 3% of the amount of the transaction, with a $3.00
minimum 'and no maximum, A 1% commission is charged for Travelers
Cheque purchases.
BIllING ERRORS OR INQtJIRIES/PROBLEMS WTIH
GOODS AND SERVICES
Included with chis Agreement is a notice contaUting. important infonnation
of your rights 10 dispur.e billing: errors. If you have any question, problem or
dispute concerning the monthly statement we send you, you should contact
us, and wewill.take all reasonable and-appropriar.esteps co provide the
information you request or resolve your dispute in compliance with your
rights as outlined in the notice included with this Agreement If you have a
problem with goods or seIVices you charge using the Account or if you have
a dispur.e \Yi"th a ftim honOring the Accoun~ you may in some circumstances
be permitted not to pay us until the dispute is resolved. Those circumstances
are specified in the notice describing your rights. UnlesS such circumstances
exist, you must pay us and settle the dispute directiywith the firm. WewUl
not be responsible if w.y finn refuses to honor the Account, or for -any other
problem you m<rj have with such finn.
INSURANCE
If YOll use rile Account!o buy insurance, you give us permission to pay
premiums for you ...tJen due. You agree to repay us lilXbrding to the terms of
this Agreement You must tell us in writing if you no longer wish us to pay
premiums for you. If your Account is cancelled, we will stOp paying
premiums for you.
ARBITRATION
This Arbitration ProvisiOn sets forth the circumstances and procedures
umlerwhich Claims (as defmed ..low) may.. ari>itrated Instead of
litigated in court.
As used in thisAroittation Provtsi.cn, the term "Claim" means anydaim,
dispute" 'Jr oontro'ietSy between you and us ariSing from 'Jr ~(atin& to the
C3ldmembet ~t (the "Agreement'), any _or priOr ~
that you may Mile had 'Mch us or the reLationships resulting from the
Agreement or any prior agreement, including the validity, .enfon:eabilily or
.scope of this Arbicr.u:ion Provision,. the Agreement 'or any prior agreement.
"Claim" includes claims of every kind and oattlre, including but not limited
to Initial claims, coumerclairm, C1'OS.Hlaims and thirdilany claims and
claims based upon comrac~ tort, fraud and other intentional torti, statutes,
regulations, common law and equity. The tenn "Claim" is!O be given the
broadest possible meaning and includes, byway of example and without
limitation,. any claim. dlspute or controversy that arises from or relates to
(a) the _unt(s) ("Account') Cl1!3lell by the Agleemenl or any related or
prior agreenlen, oranybal..... on the _ (b) advenisemenls,
promotions at oral. orwritten statemenlS related to the Account, goOOs or
services financed under the Account or the tenns of financing. (c) the bene-
II. and ser<ices tel.,.. to Can!roembol>hip (including free benefit
programs, ",mUm",' ser<ices ond rewasds programs), ond (d) y<lur appli,
cation for Ihe Accoun-t.
Any Claim shall be resolved, upon the election of you or us, by arbitration
pursuant to this Albitr:llion Provision and the Code of Procedure ("COOe") of
the National AIbiO'aliou Forum ("NAF') in effect at the lime the claim is iilol
(Lf for any!eaSOn the NAF is unable or unwilling orcezesto serve as arbitra.
tion admin1Stra1or; another nationally recognized arbittation organiz.11ion
utilizing asimilarwleofpro<:alurewlll.. subs1ituled by us.) For any Claims
- ~'
~ ~~
~ by thiS Nbitration Provision, a puty who has asserted. a Claim in a
~it in court may elect. arbitrntioo with -respea.w any Claim(s) suhf.e.
quentiy ...rted in that I_ by any other patty or panies. The Code, ru!el
ond forms of tho NAF may be obtained by caIIingWJ.474-2371 or by visiting
NAFs """I" at .ww.arl>forum.ol'!- All Claims shall be filcl atany NAF oIlire
or at PostOI!ia< Box 50!9!, Minn"lJOlis, Minnesota 55405,
iF ARB!TRATION IS CHOSEN BY Mfi m:rr WlTIl RES?Ecr TO A CWM,
NEIT\lER YOU NOR WE WlU. HAVE TIlE RIGHT TO UTIGIUE 11iKl' Ci.\lM
IN COURT OR HAVE AjURYnLIL ON lliAT CWM, OR TO ENG^GE IN
PRE.ARB!1'RlI10~ D[OCOI'ERY EXCE?T lIS PRO'll1lED FOR IN TIlE NAF
COOE. fURTHER, YOU W1!I. ~OT H.IVE TIlE RIGHT TO PARTICU'ATE IN A
REl'RESENTATlVE CAJ'ACl1Y OR lIS A MEMBER OF ANY ClA5S OF
CWMANTS ?ERTAlNlNG TO .t'N QA!M SUBjEcrro ARBITRATION.
EXCEPT lIS SET FORTIl BELOW, TIlE ARBiTRATOR'S DECISION W1!I. BE
F!NAL AND BlNDuVG. NOTE TlW 01llER RlGlITS TlW YOU WOULD HAVE
IF IOU WENTTO COURT MAY AlSO NOT BE AVAilABLE IN ARBITRATION.
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.purporurl repre-
sentative capacity on behalf of r.~e general public, olb.er Cardmembers or
other persons similarly siOJared; provided howeveJ; thac the claimant's indi.
vidual Claim would be subject to rhis Arbitration Provision. Furthermore,
Clll.irm brought by or agaitlSt 2. Cardmember(s) of one Account may not be
joined orconsolidared in the arbitration with Claims brought byor against
any oriler Cardmember(s) of my other Account, unless otherwise agreed to
in writing by all parties. Any a.;,itra!lon hearing char: you attend shall take
place in the federal judictal dlstria of your resldet1ce. At your wrin:en request,
we~wiU consider in good faith maXing 3. temporat'j aWance of all or part of
the filing. administrati<re arniIor heating fees fer artt Claim you initiate as
to which 100 or -.re se€;1t arbitration. At the conclusion of the 1Ibi~on, the
artlilI1to-r will decide "'no 'hili uldmately be respooslble for pa.'jiog the filmg.
2dmir\istN.tive. andI'Jr tlearing fees in oonnecti.on with the amitra.ti'Jn.
This Arbitration Provision is m2Ce pl1!SUant to a tranSaCtion irIvornng inter.
stare commerce, and shaH be gOl'emed by the Federal Arbitration Act, 9 a.s.c.
Sections 1.!6, as itlIlay be amended (\he'"FM:'). Theari>itralOrshall apply
applitahle subst3n~ law coosis'..ent "ith the FAA and applicable st!l:l.lteSof
limitations ond shall honor claims of pri~lege remgni1.ed at law and, at the
timely requestot eithe\"paEt)., ~prov\deabrtefwritten~lana.tionofthe
basiS for the aw.m.ln oonducting the 3lbit!alion pltl<llOfu1g, the 3lbilIaCOr
sh~ not apply the Fe1era1 or any sure rules of dvil proce:fure of rules of
evidence. In addition to the parties' rights to exchange Wormation pursuant
to the COde, either party may submit a request to the arbitratcJr with a copy of
the request provided to the or.her party !O a.xpand the scope of discovery allow-
able under the Cede. The objecting party may submlt objections to the
arbitt.Uor with a copy of the objections provided to the requesting party,
within fifteen (I;) days ofche requesting party's notice. The granting or
denialofeitherp:utY's tequest "iU be in the sole discretion of the aroitrau>r
whn shall nutify the parties ofwherdedsion within twenty (20) days ofibe
objeaing party's subntisSion.Judgmen' upon the award re11<Iered by the 3lbi-
tr.uor may be enrered in any court having jurisdlction. The arbitratOr'S
decision wlII..linal ond bindic~ except for any righl 01 appeal pro~lIed by
the FM and/or il the amount of the awanl eJlCf>!ds $100,00>, any I'alt'f can
'Jlpe2! that aw:in! 10 a three.3lbitralOr panel adtninislered by the NAF which
shall =iderde """" any aspea of the initial awanl requerted by the
appealing _" The 'W"ling party shall "'" \hi"" (30) days from the
date of entty of the wntl.en arbiCr'Uion awaro.to notify thel'W' that itisexer-
cisillgtherigluof'Jlpe3l. The'l'{leaishallbeiiledwiththeNAFinibeful1ll
of, d3!ed writing. The NAFwlII then notify the other patty th:lt tho awan!
has been appealed. The NAF wlII "Il"'inl a duee.ari>ilralllr pancl who wlII
conduct an arbitr3lion pursuant to the NAF Code and issue its decision within
one hundred and ,,""ty (120) <l1j, of the dale of the appellanrs wriam
UOtiCe. The d8:isioo of the panel shaH .. by lIl~ority ... ond shaH ..final
and bindic~ The costS of such an aweaI wlII be borne by the 'Jlpealing I'alt'f
regan1Iess of the 0UlCJme of the appeal
M used in theAIbillOllon ?mvisiou.the terms '..," and "us" shall for all
purposes mean American Express llaocl Related Services Collll'any. loc,
American Express CenlUrion Bauk. as applicable, all of their paren., whuily
or majority owned subsidiaries, :tffillates, licensees, predecesso~, successors,
assigns. and any purchaser of}'OW' Acrount and all of their agents,
employees, directors and representati~'eS. In addition, ''We'' or "us" shall
mean :my third pm)' providing 3JlY product. serVice or benefit in connection
with the .A.ccoum (including, but not limited to credit bureaus, merchants
who honor the C:lrd issued for the Accoun~ third parties who provide or
partidpate in free benefit progr:um, enrollment services and rewards
progr:uns. credH insurana: comp:ll1ies, debt collectors and all of theIr
agents. employees.. directors and represenuches) if, and only if, such thin:!
"'t-~(,tt<Lit~~,\>,'!",I"lli~,,,,,';iM,,,,:,,,'^ "":i'C:Uhl\.)iYsii'l.'lDJ'""10h,,ill;;",,4;"d_-,,.':tL.,~1"_ u d ""_"_,-", ,c~"t;\-'_"I'};:'-",~fr~'Wjlgjiil']~li\'lti~~1~~I,;"#;.-",,"j,jdiH<Mh<!-"@l'~Mi:'&lj'-Wll\IIlMi:d~~~''''!IIlW~-~1i - % ~ -~,." iI'i~,
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party is named as a co-<l.efend:ant with us in a Claim asserted by you.}os
solely used in this Arbitl2tion Proviskm, /he terms "you" or "YOULS" shall
m~ all persons or entities approved by us to use the &.coun~ including
but not liniired to all persons or entities contractually obligated under me
A~ent or any prior agreement you may have had with us and aU autho-
rizedusers of the Aa:Ount
This Arqitration Provision shaU survive tennination of youf Account 35 well
as voluntary payment of the debt in full by you, any legal proceeding by us
~ 00110;' ,deblOll<d byyoo, "'y b<ll1krupo:y by you "'" "'y s.Jeby us a!
your Account U any portion of this Arbitration Provision is deemed invalid
or unenforceable under any law or statute, consistent With the FAA. it sball
not invalidate the remaining portioos of this Arbitration Provision, the
Agreement or';my prior agreement you may have had with us, each of which
shall be enforceable regardless of such invalidity. In the event of a conftict or
inconsistency between me NAf Code and this Arbitration ?rovision, this
Arbitmtion Provision shall govern.
Note to California residents: This Arbitration Provision shall not apply
to you unless and until you use me Card after we notify you in writing that it
is applicable in California.
WAIVER
Our failure to exercise any of our righl'5 under this Agl:eemen~ or Our waiver
of our righlS on anyone occasion, shall nO[ constitute a waiver of such
rights on any ocher occasion.
PRIVACY
Consumer Reports
YOll authorize w and our a:Ifiliw to make whatever credit investigations ~
deem appropriate and to obtain and exchange any information we may
receive from consumer reports and other sources.
We may ask consumer reponing agencies for consumer reports of your credit
history. Upon reques~ we wilt teU you whether a consumer report was
requested and the name and address of the agency that furnished it
fnfonnation concerning your Account may be furnished by us to consumer
reporting agendes, banks or other crediton. If we determine that your
Account is past due, adverse credit information may appear on your
consumer report and the consumer reports of any Additional Account
holders on your Account If you believe information we have furnished
about your Account to a consumer reporting agency is inaccurate, you
should write to US at: AmeriCan E.'(pre5S Credit Bureau Uni~ P.O. Box 7871,
Ft lauderdale, FL 33329-7871 and identify the specific information you
believe is inaccurate.
M, required by law, you are hereby notified that a negative credit report
reflecting on your credit record may be submitted to a credit reporting
agency if you fail to fulfill the temr; of your credit obligations.
In.formation Provided to AjJi/ia/es and Marketing Partners
We may exchange any lnforrnation we receive about you with our affiliates,
including any ctedit or other information we may obtain from your applica-
tion or consumer reports. You may direct us not to share with our affiliates
and subsidiaries certain credit information (other than tranSaction or expe-
rience information) about you or any Additional Cacdmember(s) on your
Account by writing to us at: American _Express, P.O. Box 7852,. FtlaudtJdale,.
FL 33329. Please include your 1\CCOilnt number and iodicate if your request
applies to any additional Cardinember(s) as well. We may also 'exchange
infonnation about yoll with our m3Iketing partners.
TeEephon'M_g
From time to time we may monitor telephone calls between you Or
AdditionalAccount holders and us to assure the quaUty of our
customersemce.
Mailing lisJs
We may use information you have, provided to us on your initial application
and in surveys, infonnalion derived. from bow you use the Account and
information from external SQUtceS,. including coosumer reports, for
marketing activities (including mailing lists), by us and our affiliates. We
may also use infonnation deri'fed from how you use the Account and
noncredit information available from publli: sources 10 develop mailing Iis1s
which are used by companies with whom we work to develop offers you may
receive through the mail.lf at any time-you wish to have your name and
addres< removed from such lists, pi"" caIlSOO.297 -8378.
Use of Card at Federal Gm.'emment Agencier
American E.'q)rt:ss has entered into contracts which enable the Card to be
accepted at certain Federal Government ageOcies and departments
("Agencies"),)os with Carrllr.lnsactions at commercial establi.iliments, when
you choose to use your CJ.rd :it an Agenq certain charge infonnation is
necessarily collected hy American Express. Charge information from Card
!ratlOOCl1S a! Agencies may be used for processing chargt5 and payments,
billing and collections activities and may be aggregated for reporting.
analysis and marketing activities. Additional "routine uses" of charge infor-
m:llion by Agencies are published periodically in the Federal Registet
BENEFITS AND SERVICES
Suhject to the law of your jurisdiction, we reserve the right to add, modify or
delete any benefit or service offered. wim the Account at any time without
notice to you.
CHANGE OF BIllING ADDRESS - NOTICES
You should notify us immediately of any change in your hilling address. Any
notice given by us snall be deemed to be given when deposi.ted in the United
States Maii, postage prepaid, addressed to Y9u at the laleSt bUJing address
shown on our records. If you Want to change your address for your American
Express Card Account, in addition to your Optima Accoun~ you must tell us.
CHAi'J'GE OFTER,.\1S - ASSIGNMENT
We may assign AccOUnts to our affiliates or to some other financial institu-
lion at any lime. We may also change me terms of or add new terms to this
Agreement at any time, induding changes which affect existing balances or
Finance Charge raJ.es. in accordance ....ith applicable law.
REVOCATION AND VOLUNTARY CAl'ICEllATION
We can revoke your right to use the Account or Card at any time. We can do
this whether or not you have violated d1is Agreement without giving}'Qu
notice. If we revoke me Caro, you must rerum the Card to us if we request.
Also, if a firm that accepts Cards asks you to surrender an expired or revoked
Card, you must do so. You may not use the Card after irhas expired or after
it has been revoked.
If you ask us to cancel your Account, but you continue to use your Account
afterwards, we will consider such use as your request for reinstatfmenC of
your Account If we agree to reinsute your Account, this Agreement or any
amended or new AgI'e!ment 'Io'e send you will govern your reinstated
Account When we reinsute your Accoun~ we may reinstate any Additicnal
Cards issued in connection with )'our Accoun~ and bill you the applicable
annualfee(s).
AMERIC\N EXPRESS
CENTIfRION BANK
e
.
d~~
David E. Poulsen
President/CEO
TO OPrlMA ACCOU1o. HOLDERS L~ THE U.s. AND ITS
TERRITORIES. YOliR BllJ.1NG RlGms - KEEP THIS
NOTICE FOR FI1ThllE USE.
This notice contains important information about your righlS and our
responsibilities under the "Fair Credit Billing Act" NOTIFY US IN CASE OF
ERRORS OR QUESTIONS ABOUT YOUR OPTIMA ACCOUNT STATEMENT.
If you think your ~t is wrong or if you need more infonnation about
a transaCtion on Yoi!rstatemem, write us on a separate sheet of paper at the
address for billing inquiries listed on your statement Write to US as soon as
possible. We must hear from you no later than 60 days after we sent you the
first statement on which the error or problem appeared. You can also tele-
phone us at the number indicaIed on the front of your billing statement. but
doing so wUl not presel'\'e your rights.
In your lener, give IB the foUowtng information:
Your name and Account number.
The doll" amount of th< suspected """
il<<aibe th<error<nd"'l'llIill.ilyooClO, .nryou bel...._.
an -en'Qt If- you need more information, describe the item you are not
sure about
If you have autborized us to pay your Account bill automatically from your
savings or checking ao:ount, you can stop the payment on any amount you
think is wrong. To Slop the payment your letter must re:u:h us three business
days before the ::.utomatic payment is scheduled to occut
YOUR RlGIITSAND OUR RESPONSIBILITIES AFTER WE
RECEIVE YOUR WRITTEN NOTICE
We must :lCknowledge }'Our letter within thirty (30) da}'S, unless we have
corrected the error b~' then. Within ninecy (9(J) days, we must either oorrecl
the error or explain ~TI.y we believe the statement W3$ corre:t
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After we receive your letter. we ~not r.ry to collect any amounl you ques.
tion, or report you as delinquent .We C3l1 continue to bill you for the
amount you question, including fmanre Charges, and we ClUl apply any
unpaid amount agai~ your credit limit You do not have to pay any
questioned ~Ul\t while we all!. in~tig-ating, but'fl)l.l are still obligad to
pay the parts of your bill that are not in question.
If we find that we made a mistake on your statement, you will not have to
pay any Finance Charges relaled to any questioned amount If we did not
make a mistake, J<lu may have to pay FInance Ch~ and ~u wiU ha..e to
make up any misSed payments on the questioned amounts. In either case, we
will send you a statement of the amount you owe and the data that it is due.
If you fail to pay the amount tMt we think you owe, we may report you as
delinquent HMre'le1', if our explanation does net ~atisfy you znd 'frn.I wnre to
us within ten (10) days telling us that you still refuse to pay, we m~t tell
anyone we report you to that you have a question about your statement, and
we must tell you the name of anyone we reported you '10. We must tell anyone
we report you to that the matter has been settled between us when it futally is.
If we do not follow these rules, we cannot collect the first $50 of the ques.
tioned amount, even if your statement was correct
SPECIAl RULE FOR CREDIT CARD PURCf!ASES
if you have a problem \'lith the qualit)/ of prapert)' or seMteS that you
purchased with the Card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the
remaining amount due on the property or service. There are twO limitations
[0 this right
(a) you must have made the purchase in your home state or, if not
within your home state, within 100 miles of your curre~t mailing
address; and
(b) the purchase price. must ha.veheen rnore than $'iO.
These limitations do not apply if we own or operate the merchlll1~ or if we
mailed you the advertisement for the property or seMces.
NOTE FOR OHIO RESIDENTS
The Ohio law against discrimination requires that all creditors make credit
equally available to all creditworthycuslOmetS, and thatcred.it reporting
agencies maintain separare credit histories on each individual upon request
The Ohio Civil Rights Cominission administers compliance with this law.
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SCOPE OF AGREEMENT
This ^greem<nt """" lOOr partidpation in the Express C3sh Program
offered by American Express (the "Program"), In this^greemen~ thewortls
"you" and ''four' refer to the Cartlsnember who .'" applied to p3lticipale
in the Pro~. Tht words ''we,'' "our" and "us" refer to American Express
Travel Related Services Company, Inc., which offers the Express Cash
Program in lls capacity as agent for American Express Centurion Bank.
The words "your credit line" refer 10 the line of credit on the Optima Card
Account with respect 10 which a Card was issued to you. For purposes of this
Agreement only, unless 1I<l!.specify othelWise, the word "Card" means the
Optima Can! issuol to you.
Participating in the.ExpressC3sh Program will enab~ you to lISt the Can!
to obtain ",.from ,\utomated:n.ller Machines ("m1s'1 operared by any
bank or financial institution thai: participates in rile Program and to obtain
lImericanExpress" TmelelS Cheques ("C\lequfs") and cash, where avail-
able, diro:tly from Americ:m Express Dispensers. P3ltictpaling in the
program may also enable you to obIain <:as' and/or Ch"l"" (including at
times AmericanExp..... GIft Cheques) through other means that we may
make availab~. Sucltm~ and American Express Dispensers. are herein3/ter
referred to as "Machines," Any" transaction made under the Program is here.
inafter referred to as a "transaCtion:" The words "other options" refer to
electronic payment ttanSferoptions and/or other cash and Cheque-access
which American Express may make available from time to time. The
Program may also enable you to,partidpate in otheroptions.
By using the Card to obtain. cash or Oleque$ through the Program, you
will be agreeing with us to evetythingwritten nere.
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PERSONAl. IDENTIFICATION NUMBER
After you have enrolled in the Program, we will issue 10 y6u or allow you to
ch"""yom own PeJSlln3lldentifit3lion Number ("PIN"). Each time you
wish to obtain cash, Cheques, or other services under this, Program, you
must. S\.Ipplyyout PIN and use'3\" ~t me Card. To ensure that no
unamhorlzed transactions are made -under the Program, you should take all
reasonable precautioClS to prevent any other person from leaming your PIN
or using the Card. For example, you should never keep any material
containing your PlN a.aached to or with the Card. Other options may or may
not require the use ofa PIN.
liMITS ON OBTA1NING CASH OR CHEQUES
Presently; you may obtain a cash and/or Cheque advance based on your
available cash line. The nuximum a Blue Optima Cardmember can Qbtain
duling any seven-day period is $1,000. The maximum a Gold Optima
Cardmember can obuin du.ring any seven-d.ay period is $2,500. Other limits
may be imposed at our discretion. Also, the bank operating a Machine
may impose lIS own limits and, for securil.y reasons, the bank or other
providers of funds may have additionsllimits on the number or amount
oftrans1Ctions.
In no event may you obtain cash or Cheques in excess of your credit line.
PAY/4ENT FOR c,.\SH OR CflEQUES
Each time you initiate a tranSaction, you authorize us or our agent to
charge to your cred.it'line a Casb ..1.dvance in the amount of the tT3rlSaCtion.
The amount of the lral1Saction sh.all be the amoUnt of cash you have
received Or the fate value of.me Cheques, plus any applicable fees or
charges. The fees _or charges ,are disclosed in the Section of this Agreement
entitled "CHARGES." This charge [0 your credit line constitutes a C<1Sh
Advance, which is billed on your Card..."counL
CHARGES
The fee for each cash tranSaction at a Machine shall be 3% of the amount of
the transaction, v.ith a ~3.00 minimum and no maximum~ AlSo, an owner
of a Machine may impose a surcharge for usage in addition to any transac.
tion fee cbarged. For Cheque trans3Ctions, the fee applicable to purchases of
Cheques shall be 1% of the face value of the Cheques in your billing
currency. Also, the bank or provider of funds may charge you
additiori21 fees -.hen 'PPUcable.
FOREIGN C1lRREt'lCY TMNSACITONS
If you initiate a transaction in a foreign currency, it lI<i11 be converted into
U.S. dol.Iars on the date it is pro::essed by us or our agents at a rate set by us
based. on -an interbank, tourist or (where required. by law) official-rare,
increased in each_instance by up-to 2%. This rate may differ from rates in
el'ftct on the dale of your transaction. E.'tpteSS C3Sh Irinsattiora in foreign
curtencies convened by un:1ffi.liated banlG or other third parties will be
billed at the rates such llanksOf OlMf third parties use.
TRAVELERS CIlEQUE REFUNDS
You agree that if you oow.n or use Cheq~, )'Our right to receive a refund or
replacement if those Cheques ate lost or or stolen shall be subject to all of
thecontlitionslist!dbelow:
you bave signed the Cheques in the upper left comer in
permanent ink;
you have not signed the Cheques in the lower left comer;
you have not giVen the ~ to another person or company!O
hold or to keep, or as pan or a, confidena? game;
you have not \M the Cheques in vi~la1ionof any la, including as
part of an illegal bet, game of Chance or other prohibited action;
lOOrChe<jUe;..... no<be<n taken byOlUrt oroer or by
government action;
lOO immediattly noIify us of the 101$ or lheit of the Cheques;
you report ail [;as of the loss of theft to us and also III thepollce ~
we 2.Sk. you to;
you lnfomlus of the serialnwnbelsofthe lost or stolen Cheques and
the pl""anddareo[pUIchase;
you cotnplete our refund fonns and provide us with ao:eptable proof
ofyouridentity;attd.
you give us all re:JSOnable information and. help requested to make a
cornp!ete investigation of the loss or theft
We reserve the right to imestigate me circumstances of any loss or theft.
We cannot SlOp payment on any Cheque.
.
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WRlTIEN RECORDS OF TRANSACTIONS
You will receive a receipt at the time of each transaction at a Machine
describing the transaction. In addition, we will-send the Basic Cardmember
a monthly statement showing the sUlUs of the Card accoun~ all transac.
tions, and any charges we have imposed. If there are no transactions under
the Program in a particular month, we may not send a statement
LlABlllTY FOR UNAUTIIORIZEDTRANSACTIONSAND
ADVISABlllTY;OF PROMPT REPORTING
Tell us AT ONCE if ypu believe the Card or your PIN has been los~ stolen or
~ without your permission. Telephoning is the best way of minimizing
your possible losses. We will not hold you liable for any unauthorized trans-
action which occurs after you notify us of a loss, theft or possible
unauthorized use of the Card or your PIN. In any event, even if you fail to
notify us, your !iabil,ity for any unautholized transaction or series of related
unauthorized transactions shall not exceed $50. See the section entitled
"HOW TO CONTAcr US" beiow,
OUR LlABIl11Y FOR IMPROPER TRANSACTIONS
OR PAYMENTS
If a tt3nSaction is not completed as you have directed or if we do not
complete a transfer to or from your credit line on time in the correct
amount, we will be liable for your losses or damages. However, there are
some exceptions. We will not be liable to you in the following tnstances:
if the transaction would exceed the credit limit on your credit line;
if the Machine or other location where you are making the transac.
tion does not have enough cash or Cheques;
if the Maclllne was not working properly and you knew this at the
time you started the transaction;
if circumstances beyond our control (such as fire o~ flood) prevent
the transaction, despite reasonable precautions that we have taken;
or any other exceptions stated in this Agreement
ARBITRATION
l11e Card Account is governed by the previous agrefmenl The Arbitration
provision contained within that agreement applies to this Agreement Please
refer to that provision as you read this Agreement
DISCLOSURE OF ACCOUNT INFORMATION TO
TIilRD PARTIES
In order that your plivacy may be protected, we will not disclose any
information about your Express Cash transactions to any person, except
as follows:
I. as necessary to complete transactions;
2. to verify the existence and condition of the ~ account for a third
party, such as a financial institution or a credit bureau (or, for
Massachusetts residents, a consumer reporting agency as defined in
Chapter 93 of the Massachusetts General Laws);
3. 10 comply with government agency or court orders;
4. 10 our employees, auditors, service providers, attorneys, or collection
agents in the course of their duties;
5. to persons authorized by law in the course of their offidal duties;-or
6. if you give us your written permission.
HOW TO CONTACf US
If for any reason you wish to con~ us about the Express Cash Program,
about your participation in the Program or about transactions relating to
the Program, write or call us as follows: American Express Travel Related
Services Company, Inc., Express Cash Operations, P.O. Box 27084,
Greensboro, NC 27425, 800-CASH.NOW (24 houo a day, 7 daj3 a week).
IN CASE OF ERRORS OR QUESTIONS ABOUT
YOUR TRANSACTIONS
Write or callus at the number or address given above as soon as you can if
you think your statement or receipt is wrong or if you need more infonna-
tion about a transaction listed on your statement or receipt We must hear
from you no later than 60 days after we sent you the FIRST statement on
which the problem or error appeared.
1. Tell us your name and C:url 'JCCOunt numbet
2. Oe:sctibe the error or the transaction you are unsure about, and
explain as clearly as you can why you believe it is an error or why
you need more infonnation.
3. Tell us the dollar amount of the suspected error.
If you teU us orally, we may require that you send us your complaint or
question in writing within 10 business days. from the dale you notified us.
We will tell you the results of our inve5tigation within 10 business~.
after we bear from you and we will correct any error promptly. If we need
more time, however; ~ may take up to 45 calendar days to investigate your
complaint or question. If we decide 10 do this, we will ensure that your bank
recredits your credit line within 10 business days- for the amount you think
is in error. If we ask you to put your complaint or question in writing and we
do not receive it within 10 business days. follOwing your oral notification,
we may not recredit your credit line..
For transactions initiated outside the U.s. (and in the event there are transfers
resulting from any point-of.sa1e debit card lr311Sactions), we willhave 90
calendar days to complete our in~'!Stigation, unless otherwise'required by law.
If notifical,ion of an error on your Account is received within 30 calendar
days afrtryour Account is opened, we will bave20 business days to provide
you with the results of our investigation and correct any error and 90 days to
complete the invesggation.
If we detennlne that there was no error; we will send you a written explana-
tion within 3 business days afterill'e finish our investigation. Upon your
request, we v.ill provide you with copies of the documen!S that we used. in our
investigation. If we,have-provisional1y recredited yourcredifline during the
investigation and determine that there was no error; we will notify you of the
date on which we will redebit your credit line, and the amount to be debited.
BUSINESS DAY
For purposes of this Agreement, our business days are Monday through
Friday. Holidays are not included.
TERMINATION
We, or any participating bank or finandal institution, may add or remove
any or aU AIMs or extend or limit the services provided without notifying
you beforehand. In addition, ,,-e may discontinue the Program at any time.
We may also revoke rour right to participar.e in the Program, but if we do,
we will give you written notice of such revocation. You may terminate your
participation in the Program but }'ou must do so by writing to us at the
address disclosed in the section of thisAgreemententitled "HOWTO
CONTACT US,"
Your right to participate in the Progra.ll will also be tenninated if the Card
Account is cancelled for any reason or the Card Account is not in good
standing. We reserve the light 10 deny authorization for any requested trans-
action for any other re3SOn.
1f you close your Account, you agree 10 notify us first and to stop initiating
transactioos. You agree to pay us for any Cheques, cash or services which
remain unpaid after termination.
A
V~,:",:
CD
PRlORAGREEMEi'IT AND ASSIGNMENTS
This Agreement termina!es and t3kes the place of all prior Agreements you
may have with us relating 10 the Program using the Optima Card. We have
tile right to assign this Agreement to a Sllbskti"Y or allili", company at
anytime.
4~ ;Z~r
AlIredF.KelIy,Jt
President
Coosumer Catd Services Group
FOR YOUR SAFElY WHEN USING AN AllII, PLEASE OBSERVE
TIlE FOUOWING,
If the ATM you are using is inside a building, close the enny door completely
upon entering. Individuals -who have a legitimate need.!O g2in access to an
ATM should have a card. There may be occasions when unauthorized users
gain access" an AThllll3C!tine that are beyond an individual', toolrol.
Put withdrawn cash or Travelers Cheques in a secwe place before stepping
away from the ArM. Be 3\lI<Ue of }'our surroundings. If you beUeYe you are
being walched or foUoood. c:m<<I jOOI llanS3C1ion, then go to a ..U.
populared area. II n"""'l', call the Iota! police.
Do not write your PIN number on or near the Card. Do not give your PIN
number to anyone else. [n caseoi an emergency, call 911.
Complaints concerning security at an American Express Dispenser should be
directed 10 the address listed under "HOW TO CONTAcr US."
Note: AC!it:itv is being recorded by lr.dder] cameras aJ AIM locaJicns in
New York city and/or as required b)' local regulations.
.~
6
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NO'J'E FOR MASsACHUSE'ITS lIfSIDENTS
General Disclosure Statement. MY documentation provided to yoo
which indi.calf:s that an elettronic transfer~ made: shall be admissible as
evi.dence of such. tranSfer and shall OOCIstitute prima fade proof that such
transfecwasm.ade.
The initiation by you of certain electronic funds transfers from your account
will, extept as otherwise prov1(ie~Un this Agreement, effectiwy eliminate
'fOOt ability to stop payment of the transfet
Unless otherwise provided in this Agreemen~ you .may Dot stop
p_aymeot of electronic fund transfers; therefore, YDU should not
employ electronic aaess for purchases or services unless you
are satisfied that you will not n~ to stop payment.
DiSclosure of Account Information to Third Parties. U you give
us .your wri~O autho~otlid disclose inioni!aUon about you, your Card
accourit or the transactions that yoU make to air! person, that authorization
shall automatically expire 45 days.wr we receive it
optional Limit 00; Obtairting Cash. You have the-option to request
that we limit 1he._UlW ~ountof-cash lhll1 you mayootain'from an ATM in
a single day to'$50..lf you e\~t thiS-option, we will ~e all msonable steps
1.0 ct)mply with 'fOU(requeit.
-PorMassachusensre:s:idertts:W-calendat&tj1lnsteadollObuslnessdays.
How the PurChase Protection Plan Works. When an Americ:m
Exp~'" CaJdmember chatgl!S a CCvtred puftha'ie entirelywi.th his or her
Card:zc.oount' the Purchase Protection Plan proIeds against'theft of and
aa:idental damage to the ileltl putdt3sol far 90 dal' from thew of
pun:h>se. The coverage " limited to U,ooo per Oo:T.irrence, up ro $50,000
petCardrnember account-per pOlicy year, and is in EXCESS of other sources
of insurance.
HOWYOU BENEFIT
Items of pe!SOO3l propeny pun:hased worldwide with theCaro are
c<vrere<l, induding gills putdt3sol for othe~.
;s . Ca11Imembei, 'fOOl putchase ~ covered ful 90 dal' from the .w
of putcl1ase when )'OU cl\'3.i'ge the ,entire price of the putthise<1 item
with your Cant account.:
~ Purchase Protection_fllm,provides coverage for u~ to $1,000 per
OO:U<re"", of thefrar I!O:idental damage ("Oo:u""",,"'), not ro
exceed $50,000 per Calrlmember ""unt per policy year.
The Pucchase ProtectiOn: Plan provides coverage, at the discretion of
the insurer, to repair the personal property, or to replaceit.with the
same or substantially similar jffm or to pay cash (or credit the
Cardmember's Americm Express accounr), not to exceed the orig-
inal purchase price, e.'tCIuding taxes and shipping and handling
expenses, wlren theilEl' ""chargedentire!ywith the Can!.'
WHO IS COVERED
You are eligible for coverage if you are a U .S, resident Cardmember. thl1t is,
the AmenOU1 EJqlress~ Cant or Optima~-Carrl in association with that Card
has been issued to you u1 your name, and your Caro-account is biUedin U,s.
doUarsfrom an'ope~gcenterin the U.S.!
KEY TERMS TO KNOW
Benefits will not be paid if, on rbedate_ofOccurrence or on the dare
of claim filing. any 3lD.ount due on your Card -account is unpaid for
one or more billing-tycle(s) 'or your Card account is cam:elled.&
You mUSI p<O'ide proolof.pun:lwe and satis&cro1nroof of the theft
or ao:idental damage wi1ile COVEI2geis in efl'ea toquslify fur
payment under the .Pun:hast ProleClionP!an. Remember ro keep ail
yr>lIr -.ican Exp... dlarge lO:<IplS, originai sfOre receiplS, and
damaged i_.
Coverage under the Putcluse: Prorection Plan is.E(CESS; this means
that if, at the time Of Occurrtnce, you 'h1ve od1er valid and
collectible insurance or intfeninity - such as but not limited to
homeowner's or remer's insurance, or insurance provided by a third
party (e.g., a shipper) - the'Punmase: Protection Plan will:coverthat
-amount not covered bT such other insurmce or indemnity, up to the
limits of the Purchase ?roIfction Plan.
, /I",:,l~"ni;'
PURCHASES NOT COVERED
"'velt~ checks, ticire~ of any ltind, negotiable ins_en~ (such "
promi$o:'y noteS), cash or i!S equivalent;
animals or li'Mg planlS;
coosl.ltmlble or perishable item5 "-ith limited life spans (such as, but
not limited to perfume, light bulbs. batreries);
used, rebuilt, refurnished. or remanufactured items;
if the damaged or stolen item consl$ts of articles in a pair or set,
roverage wi!! be limited to no more!han ~ value of any p-Mticular
~w. O~ ~arts, unless the articles are unusable indiVidually and
cannot be replaced indi>'iduaity, regardless of any special 'aiue the
artic1e(s) may ha\"e had as part of aset or collection;
autOmotive partS, including but llOt limited to rims, hubcaps, tires
and mufflers, installed or alIaChed in automotive vehicles (such as
in cars, trucks, motorcycles, boars, airplanes, or riding lawn mGWelS-);
permanent household andfor bLlSiness f1Xnlres, including but not
limited to carpeting, flOOring and/or tile;
business fixtures. including, but oot limited to air conditioners,
refrigerators,hearers;
custom hospital. medical and dental equipment and devices;
rare stamps orcoi.1s;
items lost, dam3ge:d or stolen under the care and control of a third
partyorcommoncanier.
itemS stiU under w-l21lmerlt billing; and
engine parts for aU motorized ~.ehicles.
OCCURIlENCES NOT COVERED
. irems!ostorrni9;ll1.rei;
iifms stolen from automobiles;
items not reason2.b{y safeguarded by you;
j~rj" orwatcMs smien from. baggage not carried by hand under
your pe~na1 s~istoll or under the supilrvisio.n of a travelin~
companion previously knO'hTI by you;
items damage! due to nocmal q,'ea! and teu, inherent product defect,
abuse, or normal course of play (for itemS such as golf and tennis balls);
m~ctous~;
occurrences c\UJ.Sed oy flood or earthquake; frwd, war or hostilitieS'
of any kind (e.g., im-asiofl, rebellion, insurrection); confiscation by
order of any gO~'emment, public authority, or CUStoms official; risks
of contraband; illegal activity or aa.s; radioactive conramirlatiOn.
HOWTO Fll.EA CUlM
Remembtr, to insure prompt processing of your claim, you need to report
'Any theft 'Or Cam2ge imrnediaItly following the da1e of the <kcurren~,
induding theft or d2mage to gifts ptttl:nased with the Card. Remember aLso,
you need r.o retain your receipTS and 'four damaged item (if appUcable) until
the cl3im ~racess is complete:.
1. Call roU.free 800-522.1lJ7 ro reporty\lUl theft or damage daim
("'""", call collea " 303-m.6\98).
Note: You =fI/JOflyourdaimwilhin3Vday<from /be
daJeofrJmm-ena. .
2. You may be sent 3 PurchaSe Prolection Cbim Fonn which you must
complete, front and back, sign. and return to the claims office wi!b
the following requited docwnentf (keep copieS for your own records);
.. the American Exp... charge receip~
. cheorigintllicemtzedstorereceipt;
. the insllrancedeclar:uion forms for your other soun:es ofinsur.
ance or indemnity (e.g., homeowner's or renter's insurance, or
insurance provided by a third party): .
. . poorogrnph of and/or repair estimale for the damaged itenl
(damage cl_ only): and
o lor theft claims only, a report reg3I1!ing the sfOlen items which
must be filed 'With the police ar other appropriate security office
within 48 hou" of the dare of Oa:urrence. .
Note: IOU must return your CQTTt{J/eted claim form a1IIi required
i/(;cumen/:l wiIhin 60 day< from /be dam of 1Ja;uTreIU:4.
5. At the discretion of the Insure, valid theft or dam~e d_ wi be
satisfied by either repairing the damaged iEem or replacing it wilh the
same or a substantiaUy similar item, or by cash paymenl (or by cred.
lUng the Cardmember's AmenC::U1 E:<pres:s ac.coun~, in :uumount
not 10 e.'(ceed the original cos~ e.xcluding ta;<es and shipping and
handling expenses of the charged item(s):
7
~h,iM1~r",'llli~;,!.jilfi'i~,j'~.["'i!b":o-t"':-I':"I(,k'm,iJ'i!1''''~~;\!l;.,;"""-aj"';'ll,'"d->.{;',._",,cV '-,,1.'" "'3"'_"H'0'd~',\';I'-*g~~~!%~lii'iii:iilllllil~~~;;~",,-"H,...t'S\>~iWlI'tlw.!tl~~W'-'~~"'
Note:No payment will be made on any claim /bot is net
subsJanJiaied in the manner required by the Insurer..
4. For damage claims, you may be required to send in the dam,%ed
item(s), at your expense, for further evaluation of your claim.
Note: if "'fU'$Ied, you must send m 0,. damaged iJem within
30 days Jr<mz the dale of r"i"'"
IMPORTANT 1\DDmONAL INFORMATION FOR YOU
The benefits provided under the Pun:hase Proledion Plan apply only to you.
Only you have any legal or equitable right, remedy, or claim to insurance
plOCO!dS andJordaJnages under or arising from the Pun:hase Prote<:tion Plan.
All reasonable and practical steps must be: taken,to avoid or lessen any theft
of, or damage to p\'Qperty covered by the-Purchase Protection Plan. For
example, unlocked orunanended items stolen from public facilities wiU not
be covered.
When a benefit has been paid under the Purchase Protection Plan, the
Insurer becomes subrogated, to the extent of such payment, to all your
rights and remedies against any responsible party. Upon our request, you
must ptOYide us ,reasm:lllbl~ assistance, including .signing documents if
necessary, to bring suit in your name.
The__Plan~_tten byAMEX^"""""CDmpany
("!nsule(?,_OlBce, G""" Bay,WlSCOosin. This documentse"",
only as adesaiption ofOJV@tageandisnotapolicyorcootr:!aofinsurance;
the 3CllJaI renns.oonditions and exclusions oCPoIicy AXIl95I ("pollc(') g<>vell1
the Pun:hase Prote::tion Plan. The Policy has been issued to American Express
Tlllvel Relatai Servires Company, Inc. ("_ Expre!s") the PoIicj!JoIder.
This document replaces a!l existing prior Descriptions of Coverage for the
Pun:hase_Plan.
~9~ #~
Kenneth J. Ciak, President Tunothy Meehan. Secretary
AMEXAsSurance Company AMEX Assurance Company
6726-11.97 2'98
1. Far those eligible and enrolled in Membmhip Rf!Ulards, the enJire
cost of a aw.redprrxiuct may also be purcJia.r<d through redemplitm
ofa MemberslJip lIermm1sredempllort cerlifr:ah!.
2, Far those eligible and enrolled in Membership Rewards, benefits are
also paid when thepW'cbttsed iiem is received JhJ'Ough J);e redemptit;n
of a Membmhip lIewords redemplitm ",tij'tcate.
3. Does net apply to New York State residents.
4. For Ihase eligible and enrolkd in MemiJm;bip Rewards, payment or
=1# will not exceed tbe original assigned value ofo,._1
property _through redempllort of a MemberslJip lIewards
redemplitm certificate up 10 the staled limits, excluding ""'" und
sbippingtmdbmJdJing __
5. Jmporlant -for Ihase enrolled m Membership RermmIs, A
Membmbip 1Iermm1s redemplitm certificate can onry be redamed by
eligib/8 CanJrrmnbm. Ben<ftJs wiiI net be po"' when a Membmbip
lIermm1s~certificate""'been transfemxlto """..ligib/8
CareirMmbers _Or non.cmdmemlJers.
6. Does net apply to New York Slate residenIs.
7. Wbm eligible und ",rolkd m MembershipRermmIs,prooj of assigned
value pIaad on sud1 properly when usmg a Membmbip lIewards
redempHcn certificate, must be suIm#JIed m addiJion 10 0,. other
required document;, if requesWi.
a Does not gppIy 10 New York SIate_
.9. ForilMle<~i1(,Jfembership !lewarrls,puymentor
=1#. wiiI not e=ed 0,. original ussigned,value of the per.onaI
property _ through.-edempJiqn of .Membership lIewmds
.-edempJiqn certificate up to 0,. statui 1imiJs, excluding taxes tmd
shippingtmdbarui1ingexpenses.
How the BlJ)'er's ~ce Plan Works. When-an American
Express~ ~char&es the entire cost of a covered product Vlith his
or her Card accountl the Buyer's Assurance Plan will extend the tenns of the
~ ,,:rlll~I'
. ','_ I.., "..i>~
original manufacturer's warranty for a period of time equal to the duration
of the original manuf~rer's warranty, up to one additional year, on U.S.
wamnties of five years or less,
HOW YOU BENEFIT
The Buy~'s Assurance Plan mirror.; manufacturers' warranties for
covered products purchased entirely Vlith your Card account, up to
one additional yeaL
When your covered prcduct's manufacturer's warranty expires, the
Buyer's Assurance Plan Wes effect - providing coverage for products
costing SID,OW or less, excluding /aXes (not ID exceed $50,000 per
Cardmember account per policy year for all Occurrences combined).
Coverage is provided for any product malfunction, defect or
damage covered by the terms of the product's original warranty
("Occun:ence") - at no e:ara cost
The Buyer's Assurance Plan, at the discretion of the insure~ will
repair the personal property utilizing an approved American Express
netv.urkservicer; replace itwirh tlie same or substantially similar
irem; pay cash; (or credit the Cardmember's American Express
account') not to exceed the amount of the original pwthase price,
excluding taxeS and shipping and handling expenses, of such
properrywhich has been charged. entirely with the Care!.s
W1lere the personal property consisi5of articles in a pair or set, this
Policy shall be Hable for one item in the pair or set whicb form the
basis of claim Mteunde.::
No produCt registration or enrollment is required for any covered
productS, including gifts purchased for others.
WHO IS COVERED
You ueeligible [orcovernge arou are a. U,S. resident Ca.ldmembel; thal is,
the American Express'" Card or Optima" Card in association Vlith that Card
has been ~ued 10 you in your name, and your Card account is billed in U.S.
dollar.; from an operating center in the U.S.'
KEY TERMS TO KNOW
Benefits v.ill not be paid ii, on the date of Occurrence or on the date
of claim filing, any amount due on ;'our Card account is unpaid for
one or more biilingcycle(s) or your Card account is canceUed.1
You mUSt provide proof of purchase and satisf2Ctory proof of the
covered Occurrence v.fu1e coverage is in effect to qualify for benefits
under the Buyer's Assurance Plan. Remember to kefp all-your
Americ:m express charge receiptS, original store receipts, original
manwacturer.;' wamnties, and prodUClS requiring repait
lf you buy an additional seIVice conrr:1Cl or an extended slDre
warran~' for a purchase that already comes with an original U.S.
manwacturer's warranty, covel4ge un~r the Buyer's Assurance Plan
does not apply. If, ho....-ever, you purchase an American Express"
SelVice Plan with a purchase from American E.:qIress Merchandise
Services, the Buyer's Assurance Plan. wilL apply before the Service
Plan is in effect
Any assembly. profe:s!ional advice, maintenance or installation
charges incurred at an additional cost in connection with the
purchase of a covered product Will not be covered under the Buyer's
As'sul"3.ncePI3xl.
e
€'..
:::.i
"'f'
PRODUCTS NOT COVERED
individual products costing more than $10,000;
products no[pUithased in the U,S., itslerritoriesorpossessions;
produ~ with manufacrurer.;' wamnties lasting in excess of
five years;
produ~ not having manufacturers' warranties valid in the U,S.;
used,rebuilt,refurbished.orremanufaaureditems;
products covered by an unconditioml guarantee alTered by a retailer
or a manufactUrer 10 repair or replace the product at no additional
oost, ia the ,..,It the product """ to Eundioa as promised;
motorized vehicles (such as can, trucb, motorcycles, boats,
~Ipianes, or riding I....mowe~) andtheirparts, subject tohigh
risk, combustible v.f3.r and tear, or mileage stipulations (including
batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mufflers);
motorized devices:md their pam used for agriculture, lan~ing,
demolition or cOllS[['Uction, whether for personal, leisure or
business use;
motorized devices :md their pam ',1,-hich are permanent additions or
fIXtures to a residenti:ll or commert:i:ll building;
~..
8
~,
E~M.
business f~re5, -including but not limited to air GOnditiooers,
remgeratOB,.hearers;
landot'bui!dingi;
consumable or perishable items;
animals or living planlS;
one of a kind products which cannot be replaced; and
items still under inscallment billing.
OCCtlRRENCES NOT COVERED
. damage, except co the extent the manufacturer's warranty
COvetS damage;
occurrences caused by flood ot earthquake; fraud. apuse, war or hostili~
ties of my kind (e.g.,invasiQn, rebellion, insurretti.on); confiscation by
order of any government, public au~rity, orcusroms-official; riSks of
contraband; illegal activity or <lets; r2rl.ioactlve tontamination.
HOWTO FILE A CLAIM
Remember; you flee:! to report any Occurrence iJTunediately following the
dale of the -rren<e, including thal for gihs pun:hased wi!h the cant
Remember'also._you nee:i'to retain your receipts, the'original manufacturer's
warranty and the product requiring repair until the claim pn:x:e.1i'is oompIete.
1. Call toil.free 800-225-3750 and we will direct you to' a repair facility
(o""""caII collect aljOl-Z73-6498).
Note: You must reparlyour cknm ud1hm 30 doysftom IIie date
ofOc;cun-erzce.
2. At the discretion of the Insurer; valid claims will be satisfied by either
repairing the p~uct utilizing an approVed American ExpresS
necwork servicer; replacing it with the same ora substantially Similar
itfm; by cash payment; (or by crediting the'Cardmember's,American
Express account"); in-an amount not ro e:cceed the-original cost of the
charge<iitem(s),excluding_alldshippingand ,
halldling_.' .
Note: No payment will be made on any cknm thai is not
subslilntiaWi in the manner required!Jy the 1Ti.surer.
3. You muse recurn all requested documentation within 6o'days from
the date ofOccurreo.ce. .
4. For .some claims, you may be requiratlo send in- the cbunaiai product
at your expense for further e'9a1uation of your claim.
Note: rr requested, you must send in the damaged product
within 30 days from the dateof "'IUes/,
ADDITIONAL lNFOR,MATION FOR YOU
The benefits provided under the Buyer's Assurance Plan apply only to 'you
and odditional Cam-bet> on y<>ur !a:nunc OIIly jail and those petSOI1S
have any legal or equitable, righ~ remedy, or claim to insurance proceeds
and/or damag<:s under or arising from the Ruytt's mu<allCe Plall.
If bankruplCy of the manufacturer or other responsible party, or any other
e"n, oo:urs which ends any W3lTallly before orafter Buyer's Assurana!
coverage is in effect, the Buyer's Awtance Plan will continue to provide
covernge accol1linglo !heJeqnS of !he Plan, not-lo~oneyearfrom!he
date of such""" upon receiptofplOOffrom theCanlmember in !hefonn
of a public announ~t or otberofficial documenta1:lon of such ,event.
The Buyer's Assurance: 'PhIn is underwrltttn by AMEX.ASsurance. Company
("Insurer")) Adm1nlstr:Wve Offi.ce. ,Green Bay; WlstDnsin. l11is"documen1
ser<es only as a descii.p~on of coverage. and is not,a policy or contiact of
insurance; the actual terms, conditions and exclusions ,of Policy AXQ953
("Policy") govem <Iu: 8uyets ^",,<allCe Plan. lbe PoKey has been issue:llo
American Express Travel Rclated Sem""Compally, In<. ("American
Express"), the PolicyholdeJ: ThIs document n:pl"" all e:dsling prinr
Descriptions of Co_for !he ~rsAssun1ncePlan,
~9'U #~
Kenne!h). Ciak, President TImo!hy Meehall, Secrela1y
AME<. Assur.mce Company AMEX /lSSUrance Company
6717.1l.97 2198
1. For tbase eligilll4 aruI enrolled in Membeiship Rewards, IIie entire
"'" of a covered prodw:t 1114)' also be purchased Ibrougb redemplicn
of a Membership R..=is redemplicn cmificate.
2. Does net apply m Nf!/V York State residents.
",,'
~, '"
.-,.
3. For ~~ eUgtbk and enTO~ in Membmhfp Rewards, payment or
credi1 will not e>cwi the original assigned value of the personal
properly receiveii Ibrnugb red2mplWn of a Membership Rewards
redemptWn certiji:ate up 10 the sI41eri limils, exduding taxes and
shipping aruI bandling e:<pens<l.
4. lmpcrlanl,note for lbase enrolleri in Membeiship RellJ/lrrls: A
Membmhip Rewards redemption "".fica" can only be redeemed
by eligilll4 Carrimembers. 8. will nollie paidruben a
Membeiship Rewarrt red2mpWm "'"ficate bas been '"msfemd to
non-eligible Cardm8mbers and/or non.CarrJmembers.
5. Ooes not apply to New York Stare residents.
6. Does not apply to NelJ/ Yark-S/ate residents.
7. Far those e/igillk aruI enrolleri in Membership Rewarrt, payment or
credil wll not e>cwi the original assigned value of the personal
_ty received Ibrnugb reriempWm of /l Membeiship Rewards
reriemplitm certificaJe up 10 the sI41eri IImils, exduding taxes aruI
shipping and band1ing e:<pens<l.
'~.ir'~
DESCRlPTION OF COVERAGE .
Car Rental. Loss and Damage ImlU3llce provides the Cardmember. if the
Call1member is <Iu: "Poma!)' Ren.r", (as defined beiow) wi!h"""""co
covmge for damage to or theft of most Rental. AUlDs when the Cardmember
uses the Card (.a.s de5cribed. below) to-charge and'payfotan auto reriral:from
any Commen:ial Cat Rental Company ("Rental ComPally") o1her,!hall1hose
located in Austral.ia, Ireland, Isrnel,-rtaly,Jamaica, and New,Zealand/ rnthe
United Stales, its territories, possessions and Canarla. thiS coverage is EXCESS
insurance. This ooverage is also-EXCESS ir1sur.mce for ~ Us. aurlmembers
whose billing address iscutside the U.S., ilS lerritories and ~ and
the -auto rental is widtin the same country as their bilUog address.
WHO IS EllGmLE FOR COVERAGE
You aIt eligible for coverage ifyou,are a U.S. Personal, Gold, Rewards Plus
Gold Cam-ber ("Calllmember')_ You are aU,S, PetS<lnal, Gold,Rewarns
Plus Gold Cardmember if (1) you are an American Express Basic or
hlditional Canlmet!lber alld a p,tS<lnal, Gold, Rewarns Plus Gold Can!
(referred to as the "Card") is issued in your name, and (2) your Card
account is billed from a U.S. operating center in U.S. dollars.
A PecsoctaJ., Gold or -aewaros Plus Gold. Cardmembe.r who is emal!ed at an
accredited four year college, qni~'l!rsi[).or graduate school In the United
Stales and is receiving student benefirs provided as a benefit of
Cardmembership is not eligible for benefits under this Policy.
You are eligible fur covenge Under mepoliCj if you are a fidelity American
Express' Catd, FideIlo/ American Express Goid' cinl, U.S. Delta SkyMlies'
Canlmember, Gold Delta SkjMiles' Can!rnember, Plalin,umDelta SkyMiIes'
Canlmembe, Optima' Platinum ,Caninletilber, Blue 'frol1lAmerlcan Express,
_SWpoinlS" Credit Can!membet from American Expre$, The
AmeriCall Exp,..' Go~ Catdniember, EasyMiles Can!membe, ,Hlllon Credit
Canlmember ftomAmertCall.E:<p~ Iomericall Express' Credit Can! or all
Optima- Carrlmetnbet of an .io:ount sratus and class that is provided Car
Rental. tos& and Damage Insurance 3S-'3. betw.fit of otmmf. CardmembeMip
("Calllmember'). You are a U.S.lleItaSkyMlies' CattImember, Gold Deita
SkjMiles' Catdn1embe, PIatInumIlelu SkyMiles' Can!member, Optima'
PiatInum Can!member, Shenton Slal1lOinlS" Credit Canlmember from
_ Exp.... TheAmertCall Express' Go~Can!membe, EasyMiles
Cardmember, HJlton Credit c.udmember from American Express. or an
Optima' Catdniember, of all mWllstalUs andclas< ~ (l) all Optima'
Card or American Expras- C!edit Catrl (the "Card,,) is issued in your
name, (l) jlJU have received this description of _ in conjuru:li<Jn
wilh your Cllrrent Card account,- and (3) your Card account is biUed from
a US. Opelaling Center in U.S. doIlats. The Policy covers Optima'
CardmembelS and American Expre:ssa Cardmembers only of certain
account statuses and classes.
"Commercial Car Ren!3l Company" ot "Car Rental Company" means any
corrunertial car rentalogeney"ruth """ Rental Autos.' For !he pul]lOl'S of
this Description of Co'Ierage, Cornmen:ial Car Rental CompallY meallS
"Rental CompallY."
HOW TO ACTIVATE COVERAGE
COYer:1ge for theft of or damage to a Rental Auto is :u:tivated when
the Cardmembed
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I. presents his or her eligible Card to the Rental Company to reserve the
Rental Auto, by,rniking a rese~on; or by placing a hold or deposit
atthelimetheRentalAutoisCheckedou~
2. declines the fuU Collisicil Daml/-ge Waiver or similar option (COW),
or pays for aparoal collision damage waiver, offered by the
Rental Company;
3. istheprimaryren!el;whichisdefinedastheCa.rdmembe1;whois
named on the: written agreement With the Rental Company as the
person renting and taking control and possession of the Rental Auto
("Primary Renltr'1; and
4. uses the Card, to pay for the entire auto rental from the Rental
Company at. the time of vehicle return.
Coverage continues in effect-while, the Cardmember remains in control and
"""",ion of the Rental Auto. A Catdmember, who is ph}'ic3lly ch~lenged
and unable to operale the Rental Auto, may be the Primary Renter if he/she
is the Catdmember enlfring into the rental transaction.
Note: Ben4iJs will "'" be pa;d if, on !be dale oj /(J$S or on !be dale of
cJaim filing, any QmiJunJ dUl an your A1nerican Express Card aa:ount
~ unpaid for 30 da)< or your American &press Card ~ canad!ed. .
WHEN COVERAGE TERMINATES
Coverage for theh of or damage to the Rental Auto termina1es when:
the Rental Company resumes control of the Rental AulD, or 30 consec-
utive days after the Rental Auto was checked out, whichever is earlier;
the Policy is cancelled.
LENGTH OF COVERAGE
Car Rental Lass and Damage Insurance covers eligible Rental Autos when
renled under a wrillen rental agreement from a Rental Compaily for no
more than 30 consecutive daj':S.
Note: In no event shall coverage be provided when the Cardmember
renJs a RenlalAuJo beyond 30 ","",,"live da)< from !be sarM Renlal
Company, regardless of whether the original agreement is erJended, or a
new written agreement is entered into, or a new vebfde is rented.
Additionally, no coverage will be plPvided when the Primary Renter renlS a
Rental Auto for more than 30 consecutive days out of a 45 day period within
the same geographic markeVlocation (75 Mile rndius).
WHAT'S COVERED
Car Rental loss and Damage Insurance reimbwres a Canimember for
pa}1llents for damage to or theft ofa Rental Auto that the Cardmember is
requiredtomake,uplothelesserof: I) the actual cost 10 repair lheRenlal
Auto, or 2) the published Book value or, if not available, the purchase
invoice price of the Rental Auto minus salvage and depreciation costs, or 3)
fair market commercial value of theRental Auto. The coverage also reim-
bull8S the Cardmember for """nable charges (those charges inculred at
the closest facility thaI are usual and customary in the vicinity in which the
loss or disablonent took pi",) imposed hy the Rental Cornpany, such "
towing, storage, loss of use Ooss of use means proven loss of income to a
Commen::ia1 Car Rental Company where no additional sources of income
exist to offset this loss. Reasonable ~d customary charges are substantiated
by documentation supporting loss of use such as by fleet utilization logs;
loss of use does not include Commerl:ial Car Rental. Company administrative
fees), which,the Renwllompanrwould not have imposed had the
Card.member accepted i\S full CDW, or partial. collliion damage waiver.
Car Rentall.o$ and Damage Insurance covers no other type of loss. For
example, in the event of a collision involving the Caclmember's Rental
Auto, damage to any other driver's car or the Injwy of anyone or anything
is not covered
Note: 1bir policy dtJes nol proWIe H4biJiJy aJfI<Tage for Uninsured
MokJrirJs;,"-fiisU1Ui<rany Wor/ter,Compensalion law, DlsabiJiJy
benefiJs law or o!be>- """"""'" Governmml Plans.
WHAT EXCESS COVERAGE MEANS
Car Rental loss and Damage Insu~,is an FXCESS insurance.plan.
This means that this excess coverage will reimbul'Se the Cardmember only
for tosses/expenses notco=d hy plans, such as. the Rental Company's
ColliSion Damage Waiver or similar, option (CDW), or partial collision
damage waiver, any personal auto insiJ.~ employer's auto insurance or
reimbwsenient plan or other sources bf insu~ When these oilier,plans
apply, a Caromember must first seek payment or reimbursement and receive
a detennination based on the stated:lermS of such other Plans, that any such
Plans do not providecovera.ge before this EXCESS coverage will reimburse
the Cardmembet
The EXCESS feacure does not apply to auto rentals outside the United Stales,
its territories, possessions and Canada, unless you are a U.S. Cardmember
whose billing address is outside the U.S., its Ifnitodes and possessions and
the auto rental is within the same country as your billing address.
However; this coverage is always excess of coverage or waivers of damage
provided by the Rental Company, and to any Policy (Policies) the
Cardrnember is insured under that provide similar coverage. No.coverage is
available for Rental Autos rented in Australia, Ireland, Israel, Italy, Jamaica,
and New Zealand. ~
VEHICLES NOT COVERED
Car Rental Loss and Damage Insurance does not cover rentals of:
expensive cars, which means cars with an original manufacD.uer's
suggested retail price of $50,000 or more when new;
exotic cars regan:Uess of year.or valu~ including but not limited to
Chevrolet Corvette, Toyota Supra, Mazda. RX.7, Dodge Viper and Stealth.
Plymouth Prowls, Mi.ubishi 3000 GT, Nissan 300 z;(,Jaguar X)S,
Acura N5X, Me""'" SI. SLK. S Coupe and E3l0 Coupe and Con_I.
BMW M3, Z3 and 8 Series, C3diU", AIian~ and ~i Pol>:he, Ferrari,
I.amborghini, Maserati, Aston Martin, Locus, Bugatti, Vector; Shelby
Cobra, Bentley, Ro'ilsRoyce;
trucks, pick-ups, cargo vans, custom ~-ans;
full-sized vans, including but not limited to, Ford Econoline or Club
Wagon, Chevy Van or Sponvan, GMC Yandura and Rally, Dodge Ram
Vans and Ram Wagon;
. vehicles which have been customized or modified from the manufac.
turer's factoryspectfica1ions except for drivers assistance equipment
[or the physi,~ly ch~lenged;
vehicles used for hire or commercial purposes;
mini.vans,used for commercial hire;
Note: ~ Mini.Van; (Not Cargo Mmi-VolU) wilh factory specified
seating capat::iIy oj 8 passengers or less, ind~g but not limited to,
Dodge Caravan, Plymouth Voyager, Ford Wmdstar and Nisson Quest,
are covered when rented for pmonal or bu.sines:s use only.
antique caiS, which means cars that are 20 years old or have not
been manufactured for 10 or more years;
limousines;
full sized sport utility vehicles, including but not limited to,
Chevrolef/GMC Suburban, Tahoe and Yukon, Foro Expedition,
uncoln Navi~r, Toyota Land Cruiset Lexus LX450; Range Rover
or filll.sized Ford Bronco;
sportlutili[j' vehicles when driven "off.road"; and
Note: Compact 5]JOrVuti/iIy vehicles, induding but not limited 10, FfJrd
b:pWrer, Jeep Grartd CheroJtee. Nissan Pa1l1firu1er, Toyotd Four Runner.
Cbevrole1 Blazer and /SUZU Trooper and R(){/eQ are covered when
driven on pau<d roads.
off-road vehicles, motorcycles, mopeds. recreational vehicles, golf or
mQ(Orized C3IlS, campers, traile~ and any other vehicle which is not
a Rental Auto.
LOSSES NOT COVERED
Car Rental t.c&s and Damage Insurance does not cover losses aused by or
contributed to by: .' . .
operal.ion of the Ren~ Auto in vioIation of the Ifrms and conditions of
the R""!:lJ Companyagreemen' (iJiduding but not limiled to losses
OCClJrring when: a person- not permitted to operate the vehicle pursuant
to terms of the rental. agreement was in possession or control of the
vehicle; or. driving the vehicle outside of the authorized rental territory);
leased or rnini-leased. vehicles;
COSlS attributed to the Commetdal Car Rental Company's DOnna!
coUlSe'Ofdoingbusiness;
intentionaJdamage;
illegal activity. such as losses where the Rental Auto was used for, or
involved in, iIlegal,activity or felony;
pre..e.:'dsting conditions, damage or defec~
being under the influence of intoxic:tnlS or drugs;
war or military activity;
radioactivity;
oonfisc:llion by authority;
wear and tear. including gradual deterioration;
damage which is due aod confined to f:reezing, mechanical or e.Iec~
trical breakdown or f:Lilure un1ess sucl1 damage resul~ from a theft
covered by the Policy;
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theft of or damage to tires (flats orbiowouts), unless damaged by fue,
malicious mischief, vandalism, or stolen; unless the loss is coincident
with and from the same cauSe as other loss covered by the Policy; and
clf.rolld operation of the vohide.
Gar Rental Loss and Damage Insunnce does not cover, and benefits wiil not
be paid for:
sales tax relaled to repair of damages, unless reimbursement of such
salesw:is requiredbyl<tW;
damage to any vehicle other than tht! Rental Auto;
damage to any property otMr tn1n the Rental Auto, owner's propeItj,
or items not permanently attached to the Rental Auto;
the Injury of anyone or' anything;
expenses assumed, waived or paid for by the Rental Company or
its insurer,
e$penses covered by the Cardmember's personal auto insurer,
employer or employer's insUrer, or authorized driver's insurer;
value added I3X at !'imilar tax, unless reimbunement of mch tax
is required bylaw;
any Rental Auto used for hire or commercial purposes; and
depreciation, unless reimbursement for depl'edation is required by law.
HOWTOFII.E A CLAlM
A Cardmember mustootify the Car Rental Loss and Damage Claims Unit toll
free_atB00-338-1670 in !be Us. orily or call 440-603-4080 from other locations
worldwide, within 48 "hours or as soon as reasonably possible following a loss.
A representative WiU-amwer"any questions a Cardrnember may haW! and will
send the Can:imember a claim form. with instructions. Complete and sign
the cloim Iorm.Wntten proof 0/ loss, which includes the cloim form and all
other requesteddocurnentation (lisied below), must be teeeived within 60
dal' lollowing the date of, the damage or theft br. American Express Cat
Rental Loss and D~e C!aims Uni~ do: United rmanclal Adjusting
Company, POBo, 94m. Cleveian~ Ohio 44101-4m. U the proof of loss
and other documentation is not received within 60 days of the datt of loss,
coverage may be deniol
REQUIRED IlQCIIMENTATlON MAY CONSIST OF, Bur IS NOT
1JMITED TO:
our signed and completed claim fonn;
an ilemized repair bill;
a copy of charge slip for the rental of the Rental Auto, Rental Auto
contract or machine generated receipt to show rental was charged
and paid for with an American Express Card;
a potiee repon (if applicable);
photos of the damaged vehicle, if available:
a copy of the Can1member's, authorized driver's or employer'S aufD
insurance coverage, or a notarized letter slating no insurance;
a oopy of all cloim documents and com:5pondence, pro~ded by the
Cat Rental Companr.
a copy of the Rental Company', utilizaIion log;
a copy of the driver's U""", of the Canlmember andIorauthori2ed ~
unIessthedriver"li<>nsenumber_onthe'rental_~
a copy of the written rental ap:ment, front and hal:k, which docu.
ments when the Rental Auto W:l$ ch-ecktd out and checked In; and
infonnation pertaining to -other available imurence coverage(s).
Catdmember cooper:ulon with issues reJ3Ied to their _. is required. U
all required documentalion is not recei'ied within 180 dill' 0/ the dale 0/ loss
(except for doaunenlalion which has not been furnished for reasons beyond
the Catdmember', oon<rol), oo'erage may be denied.
HOW BENEFITS ARE PAID
All Cat Renl:Il Loss and Damage Insuiance paymenIS reimhwsabk under
the policy are pay3bk to the CaIdmember. except that paymen"'nay be
made, at the discretion of the Insurer, jointly to the Catdmember and the
Commen:ial Cat R",ta1 CompanY when the Cat Rintal Company has 00'
been reimbUI>ed forthe ooveredloss or damage, or the Caidmember has not
vaiidiy assigned hislher payments to the Rental Company or.any other party.
RIGHTS OF RECOVERY
In the t!'IeOt of a payment -under this Policy, the Insurer is entitled to all the
rigll. 0/ recovery that the Cunlmember, to whom payment was made, bas
against llI10thet Thal Cardmember must sign al1li deliver to the Insurer any
kgal pape~ relating to thatreco''1T. do wh3re,erelse is necessary to bclp
the Insurer-exercise those righl:i and do nothing after 10111 to hann the
Insurer's righcs.
.".
~ '~
When a Cardmember or Commercial Car Rental Company has been paid
damages under Policy No. AX0925, and also recovers from anomer, the
amount recovered from the other shall be held by that Cardmember or
Commercial Car Rentz! Ccmpariy in trust for the Insurer and reimbursed to
the extent of the Insurer's payment
/1$ a condition precedent to coverage, the Cardmember is required, and has a
duty, to fully cooperate with the msurer in any investigations, subrogation
matters or legal proceedings by providing copies of any and all legal notices
and any and all statements, including sv.-"Qm statements and contributing
any other papers and documents to reasonably assist in the disposition of the
legalmaner.
ADDITIONAl INFORMATION FOR YOU
This coverage is undeNoTitten by AME( Assurance Company ("rnsurer")
through insu-rana: Policy;.'J.tffJ.5 (the "Policy") issued to i\merican express
Travel Related Services ComptUly, (nc. and its participating subsidiaries,
affiliates and licensees. The Policy may be changed. or terminaled.
1liis Description of Covera.ge is an importa.nt document. Please ~ it in a
safe place. Although it describes the present form of insurance as it e:<isl:i at
the time of printing, this document is nm the Policy or contract of insur.
ance. The benefits described in this document are subject fD all of the terms,
conditions and exch15ions of the Policy issUed by !he underwriter. This docu-
ment replaces any prior Description of Coverage under the Policy which may
have been furnished to the Catdmember
~9
~~
u
Kenneth]. Cia!\, President TImothy Meehan, Secretary
AMEX Assurance Company AMEX Assurance Company
6679.11.97 9/99
1. For those eligibleand enrolled in Membmlr:p Rewards, if a
Membership Reu.'ards redemp/il)n cerbfu:ate is used, coverage is pro-
vided only to Renta! Autos rented in the United States.
2. InJen used in conjuncJion u,'itb a Membership Rewards redemption
certificate, the participating Car Rental Companies are limited to
Hertz, N""",",, and Budget,
3. !f eligible and enrolJed in Membership Rewards, aJVerage is also actio
voted when the Cardmember (1) presents a.Nembership Rewards
redemption certificate and (2) uses a Nembership Rewards redemp-
tion certifu:are at a participaJing Commerciai Car Rental Company.
ImportanJ nots/or those enrolled in Membersbip Rewards: A
Membership Reu,urris ~Iion certifkare <:on only be ''''''"'''' by
elig;ble Cmdmembers. Bene!"'.iII nol be paid wherl a Membership
Rewards redetirption certif10Jts has been tranifemd to non--e/igib/e
Cammemb<r-s and!" non-Ca.brwmbers,
4. Does nol apply 10 NOJJ y,"* SIaIe,.,;denJ:;.
5. F" _ elig;bleand enroJIed in Membership R_, wherl
""",^ingMembership R_~Iion~, """age ~
provided oniy /0 ReruaI Aulos """" in the Uniled SIaIes.
DESCRIPTION OF COVERAGE
Covered Persons. A peoon shall be a Covered Person under the Blanket
Master Group Poiicy AX0948 ("the PoUcy") only if,
1. he or she is:
a. For $100,000 cO~'erage, a Basic or Additional Cardmember who has
either a ?e[50nal Card, Personal Oloice Card,-Gold Card; Optima'"
Card accounl:i, Fidelity Americ.m E.xpress-ll Card, Fidelity American
Express. Gold Card, or American'E.xpresslt Credit Card, Delta
Sk1Mlies' Carn. Gold Delta S'1Mlies' Carn. Platinum Delta
SkyMiles' Card. Optima" Gold Card. Optima' Cash Reba~ Care,
11
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,,-,,, ,.;'~~;,,,,,.c,,~,,;*~j~~~II!1in~",~.fi'''''';'J'-,,o,!~_}''u.aWtJ~1M:Jm~ . ~< ~"._dt.iI!!lC.r- "."
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Optima" Card, Optima'" Platinum Card, Sheraton SlarpOint?'
Credit Card, Hilton Card from Am~rican Express, American
Express' Go~ Card, EasyMiI" CaI)!, BuyetS Bonus Card, Best RaIl!
Ca:d, Optima" cash, Rebate Card, 'Optima. Platim,un Cash Rebar.e
Card, New York Knick$ Optima" Card from American Express~ New
York Rangers Card from American Express"', and The National
Multiple Sclerosis Card: Corporale Card, Gold Corporale Card,
Executive Corporale Card, and Delta,SkyMiles'" Corporate Credit
Card for Small BlJSiness.accounlS, Gold Coqx>rate OptimalOl Card,
Corporate Optima" Platinum Card for Small Business accounts
and OptimalOl Card or The American Exp~ credit card or the
extended paym~t account offered in conjunction with any of the
foregoing, issued by American Express Travel Related Services
Company, Inc. or.its participating,subsidiaries("American
Express") in his or her name; treasurer's Card Account, Business
Travel Account and the extended payment accountoffered in con-
junction with any of-the foregoing issUed by American Express or
its participating subsidiaries in his or her name; CorPorate Card,
Executive Corporate Card, Treasurer's Card, and Business Travel
Account issued by participating'subsidiaries of American Express
when biUedoutside the U.S. in currency other than u.s. dollars in
his or her name.
b. For $250,000 coverage, a Basic or,Additional Cardmember who has
a Rewards Plus Gold Card issued by American Express Travel
Relaled Services Company, Inc. or its participating subsidiaries
("American Express") in his or her name; or
c. For $500,000 coverage, a Basic or Additional Cardrnember who has
a Platinum Card"', Fidelity American Express Platinum'" Card or
Small Business Corporate Platinum Card'" issued by American
Express Travel Related Services Company, Inc. or its participating
subsidiaries ("American E.xpress") 'in his or her name on a
Platinum Card<ll Account or
d. The spouse or dependent child under age 23 or any eligible person
described in (a), (b) or (c) above; and
2. his or her American Express Card is billed In the linited Scares in
u.S. dollar;.
DEFlNlTIONSA1'ID SCOPE OF COVERAGE
"Accident" whenever used in this Policy means an unexpec:red event which
causes Injury and shall also include exposure resulting from a mishap on
a Common Carrier Conveyance in which the Covered Person is traveling.
"American Express Card" shall mean:
I. For $100,000 coverage, the Personal Card, Personal Choice Card, Gold
Card; Optima'" Card accounts, Fidelity American Express"' Cwi,
Fidelity American E.xp6 Gold earo. or American Express- Credit
Card, DellaSky~m,," Credit Card, Gold DeilaSkyMiI,,' Credit Card
accoun, Platinum Della SkyMiIes' Card, Optima' Gold Card,
Optima'" Cash Rebate C31d, Optima-Cani. OptimalOl Platinum Card,
Sherawn SlaIpOints" Credit Card, American Express" Go~ Card,
EasyMiI" Card, Buyers Bonus Card, Best RaIl! Card, Optima" C3sh
Rewards Card, Optima" Platinum Cash Rebate Cani. New York Knicks
Card from American ,E~q:li'eSS-, New-York Rangers Gani from American
E.xpress"', and The National Multiple Sclerosis Society Card; Corporate
Card, Gold Corporale Card, Executive Corporale Card, and Delta
SkyMiles' Corporale Credit Card for Sm~1 Business accounts, Gold
Corporale Optima' CiId and Corporale Optima~ Platinwn Card for
Small Business accounts; and T~rer'-s,<:ardAa:ount, Business
Travel.Al:alunt and !he ,extended ~t account.offered in conjunc-
tion with any of the foregoing issued by AmerIcan Express or i.
"AmerIcan Express Card" sh.u.aLOl mean the CotporaII: Card,
Executive Colp<lrale Card, TreosUrei's Card, and business ""'I
account issuolbypar1icipating "_ Express Canf" shall aLOl
mean the Corporale Card, Executive CoIJlOrale Card, Treasurer's Card,
and the business travei account issuol by participating suhsidiari" of
American Express when billed outside the U.S. in currency other than
U.S. dollar;.
2. For $250,000 coverage Reward Plus Gold Card, and the extended
pa~ment account offered in conjunction with the foregoing, issued by
AmeriC<lOE.xpres5.
3. For $500,000 coverage Platinum Card", Fiqelity American Express'"
Platinum Card. or the Small Business Corporate Platinum Card" and
the e.'(teoded payment account offered in conjunction with the fore-
going, issued by. American Express.
I'
"Common Carrier Conveyance" means an air, land or water vehicle (other
than a rental vehicle) operated by a common carrier licensed to carry
passengers for hire.
A trip is a "Covered Trip" if:
1. it is a trip taken by the Covered Person between the point of departure
and the final destination as shown on the Covered Persons' ticket; and
2. the Covered Person's fare for such trip has been actually charged to a
specific American Express Card account prior to any Injury.
-Injury" means bndUy injury which:
1. is caused by an Accident which occurs while the Covered Person's
insurance is in folXe under the Policy; and
2. results in Loss insured by the PoliCj~ and
3. creates a Loss due, directly and independen~y of all other causes, to
such accidental bodily injury.
"Scheduled Airline" means an airline listed in the OffICial Airline Guick
which is either:
1. of United States registry and certified by t..1e United StaleS government
to carry passengers Oil a regularly scheduled basis; or
2. of foreign registry and approved by the United States govemment and
the appropriate foreign authority.
BEJ.'ffiFIT AMOUN-rS
Ar a benefit of Cardmembership, the Catlered Persrm will receive a
benefi/imIeJ of $100,(){)(}. $250,000 or S500,(){)(}, depending on the
type of Card Account used 10 charge the Common Carrier Conveyance
fare for Iht Covered Trip. pf=e refer 10 ix>/h Iht Covered Pers<ms
section and the AmericlJn Express CArd defmition, under /he
Definilimls section, of this Description of Car;erage.If you are still
unsure what benefit level of coverage applies 10 your American &press
Card, please contact the Customer Sm.:ice Center tollfree number listed
on the bad of your Card, also shown on your Card statement.
rahteorlo.~'es
Loss of Life
Dismembermen/
Loss of both hands or both feet
Loss of one hand and one foot
Loss of entire sight of both eyes
Loss of entire sight of one eye
and one hand or one foot $100.1):)0 $250,000 $500,000
Loss of one hand or one foot $50.000 $125,000 $250,000
Loss of entire sight of one eye $50,000 S125,000 $250,000
"Loss" as used above with reference to hand or foot means complete and
pennanent se~'erance through or above the V.TIst or ankle joint, and as used
with reference to eye means the iITecoverable loss: of the entire sight of such eye.
S 100,000 - S250,000 . S500,000 MAXli\lUM
INDEMNITY PER COVERED PERSON
Pf=e """ thai/he following infomra/ion applies 10 /he beneft/leve/ of
insurance provided wi/b the Card acaJunt used to charge the Common
Carrier Conveyance fare far the Covered Trip; If)lOu are unsure what
henefit level of C()f)erage applies 10 YOU' American liJ;>ress Cawl, pf=e
rontacJ the Customer Service Center' tc/J-ftw number listed on the back
of your Card, also shown on your Card statemen/.
In no event will multiple American Express Cards obUgate the Company to
pay for more than one Loss sustained by anyone individual Covered Person
as a result of anyone N:cident.The Company's obligation under the PoUcy
will be de"rmined acco!ding to the highest amount payable under the
specific American Express Cud acnJally used to charge the Common Carrier
Conveyance fee for the Covered Trip as stated in the Benefit Amounts.
ACCIDENTAL DEAn! AND DISMEMBERMENT BENEFIT
The Company will pay the applicable benefit amount as detennined from
the Tab~ of Losses ~ a eov...d P"",n suIlm a Loss from an Injury while
coverage is in force tinder the Policy; but anly if such ,Loss occurs within 100
da)' after the dare of the Accident.illch caused the Iniury. Benefi. will be
paid for the greatest Loss. In no event will the Company pay for more than
one Loss sust:tined by the Covered Person :IS the result of anyone Accident
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$100.000
$250,000
5500,000
c:
$100.000
$100.000
$100.000
$250.000
$250.000
$250,000
$500,000
$500,000
$500,000
DESCR.IPTlON OF BENEmS
Common Carrier Benefit This Bwefit is payable if the Covered
Person sust1ins Injury as a result of :m Accident which occurs while
riding solely as a p:menger in. or boarding, or alighting from or
being struck by a Common Carrier Conveyance for a Covered Trip.
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Airport Transportation Benefit. If a Scheduled Airline ticket is
purchased for a Covered Trip prior to the Covered Person's departure
for the airport, this Benefit is payable if the Covered Person sustains
any Inlury while riding as a passeng.er in a land Cornman camet
Conveyance or a scheduled helicopter operated as a Common Carrier
Conveyance, but only: (a) when going directly to an airport for the
purpose of boarding a Scheduled Airline flight on a Covered Trip; or
(h) when leaving directly from an airport after alighting from a
Scheduled Airline flight on a Covered Trip.
Airport Premises Benefit. If a Scheduled Airline ticket is
purchased for a Covered Trip prior to boarding. this Benefit is payable
if the Covered. Person sustains any Injury while upon any airport
premises designated for passenger use, but only when the Covered
Person is upon such premises immediately before boarding, or imme-
dia1eiy. alighting irom a Scheduled Airhne flight on a Covered Trip.
EXPOSURE AND DISAPPEARANCE
If the Covered Person is unavoidably exposed to the elemenl3 because of an
Accident on a Covered Trip which results in the disappearance, s.inking or
wrecking of the Common Carrier Conveyance, and if as a result of such
exposure, the Covered Person sufferS a Loss for which benefits are otherwise
payable under the Policy; such Loss will be covered under the Policy. If the
Cowred Person dis3pptarS because of an Accident on a Covered Trip which
results in the disappearance, sinking or wrecking of the Common C;mier
Conveyance, and if the Covered Person's body bas not been found within 52
weelcs after the date of such Accident, it will be presumed, subject to there
being no evidence_to the contrary, that the Covered Person suffered Loss of
life as a result oflnjul)' covered by the Policy.
COVERAGE REQUIREMENTS
A Covered Person v.ill.be full~ insured for benefits under the Poticy while
takiog a trip on a Common Carlier Conveyance only when the fare bas been
charged to the specific American Express Card.
ON.BOARDTICKETh'lG
In the event a Covered Person suffers a Loss on board a Scheduled Airline
flight for which the airline sells tickel3 on board the flight and the Coyered
Person has not purchased his or her ticket by charging the ticket to an
American Express Card prior to boarding the fligh~ then the company will
evaluate and pay such Loss where it can establish that no other form of
payment was used for the flight in question.
PRB'A!UMS
Tbeprerniumfortbiscover:J.geispayableby',AmericanE.xpress.
EXCLUSIONS
This Policy dOes not cover any Loss caused or contributed to by (I) suicide
or intentional self-destruction or any attempt thereat, while sane; (2) war or
alW act of war whether declared or undeclared; bowl!ver, any act committed
by '211 agent of any go-remment, partj, or faction engaged. in war, hostilities,
or other warlike operations provided such agent is acting secretly and not in
Connection with any operation of armed forces (whether military, naval or
air forteS) in the countly Il-'here the Injury occurs shall not be deemed- an
act of war; (3) Injucy to which a contributol)' cause W3S the commission of
or attempt to CQmmit an illegal actbyoron behalf of the Covered Person or
his beneficiaries; (4) Injury received while serving as an operator or crew
member of any conveyance-, (5llnilUY received while. driving.' riding as a
passenger in, boarding or alighting from a rental vehicle; or (6) sickness,
physical or menta.! infirmity, pregnancy, or any medical or surgical treat.
ment for such conditions; unless treatment of the condition is required as
the direct result of a.OO'rered[njut'f.
BENEFICIARY
A Basic Cardmember may designate a beneficiary or change a previously
designat2d beno!io:uy {or himselflhonelf and his or her spouse and
children who are not also Basic oi,Additional Cardmembers, An Additional
Cardmember may designate 3. beneficiary for himse1flhetSelf and his or her
spouse and children who are not also Basic or Additiomu Cardrnembers or
spouses or children of Basic Caromernbers, No persons ,other than those stated
above may designate-or ch:mge a previously designated beneficiary, -For such
designation or chlUlge to became effective, a. written request, on a fonn
sa.tisfactOrj to the Company. must be filed wi.th American Express. Slli:h
designation or chtUlge shall take effect as of the date it was signed by the
desigo:ltor provided that it has been received by AmericM Express, but any
paymen.t of proceeds made by the Company prior to receipt of such designation
of change shall fully discharge the Company to the extent of such payment.
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ClAIMS
Written notice of claim must be given to A.\IEX Assurance Company, Claims
Administrative Office, 80 $ouch Eighth Stree~ Unit 595, Minneapolis, MN
55440 \1,irhin 20 days after the occurrence or oomrnencement of wy toss
covered by the Policy. or as soon thereaErtr as is reasonably possible. Notice
given by or on behalf of the claimant to the Company at its Administrative
Office, or to any authorized agent of the Company, with information suffi.
cient to identify the Covered Person shall be deemed. notice to the Company.
PAYMENT OF CLAIMS
Benefirs for Loss of!ife of a Covered Person will be paid to the designated.
beneficiary, Benefirs for all other Losses SUStained by a Covered Person will
be paid to the Covered Person, if living, otherwise to the designated benefi-
ciary, If more than one beneficiary is designated and the beneficiaries'
respective interesrs are not specified. the designated beneficiaries shall share
equally. If no beneficiary has been designared, or if the designated benefi.
ciary does notsurvi~'e the Covered Person, the-benefits will be paid to the
surviving pernln or equaliy to me sUrvi,;ng persons in !he first of the
fallowing classes of succe;sive prefereoce benefICiaries in which \here is a
living member. The Covered Ferson's: I) Spouse, 2) children, including
legally adopted. children, 3) parenl3, 4) brothers and sisters, 5) est<tte.
In determining such person or persons, the Company may rely upon an affi-
davit by a member of any of the classes of preference beneficiaries described
above. Payment based upon -any such affidavit shall fully discharge the
Company from all obligations under the Policy unless, before such payment
is made, me Company has received al. its ,J.dministrnl.ivt Office written notice
of a valid claim by some other person(s). My amount payable to a minor
may be paid to the minor's legal guardian.
TIME U'AIT ON ACTIONS
No action atJaw or in equity shall be brought to recover under the Policy
after the e.:qlirations of three y-l!ars after the time wrinen proof of Loss is
required to befumished.
The benefil3 described herein are subject to all of the terms and conditions
of the Policy. This Description of Coverage replaces any prior Certificate
which may bave been furnished in connection with the Policy.
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Kenneth J. Ciak, President Timothy Meehan, Se.cretary
A,;\IEX Assuxance Company AMEX Assurance Company
6713.11.9' 7/99
Notice to Florida Residents OnJ),: The benefits of the policy providing
your cmmge are gm-emeO. primarily~' the lav.-s of.a sute other than Florida.
I. If, after reading this Description of C()I,'erage, you are sti/J unsure
wbat benefii itt;e/ of covetage applies to your Ameriazn F3prfSS Card,
please contact the Customer Sertltce Center toU4ree number listed an
the back of your Card, also shoU.71 on your Card statement,
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VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsification to authorities, that she is Legal Counsel for the
Plaintiff herein, that she is duly authorized to make this Verification, and that the
facts set forth in the foregoing Complaint in Civil Action are true and correct to the
best of her knowledge, information and belief.
ibson
for Plaintiff
01081207
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS
Plaintiff
No. 00-8792 Civil
vs.
PRAECIPE TO DISCONTINUE AND END WITHOUT
PREJUDICE
CATHERINE ALAVAREZ
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
LORI A. GIBSON, ESQUIRE
PA ID#680l3
P. WILLIAM BERCIK, ESQUIRE
PA ID#59174
Bernstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
BERNSTEIN FILE NO. AX000108
DIRECT DIAL: (412) 456-8100
NOTICE
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
.
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IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS
Plaintiff
vs.
Civil Action No. 00-8792 Civil
CATHERINE ALAVAREZ
Defendant
PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Discontinue and end without prejudice the above-captioned matter upon the records
of the Court and mark the costs paid.
BE
By:
AttOt~ for Plai
1133 Penn Aven~e
Pittsburgh, PA 15222
(412) 456-8100
Sworn to and subscribed
before m~his I~~
day of ~, , 2000
~~~
Notarial Seal
Cheryl A. Bauer, Notary Public
PittsburQh. AlleQhany County
My CommiSSIon ExpIres July 22, 2004
Member, PannsylvanlaAssoclatiCnotNotarias
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