HomeMy WebLinkAbout10-5411IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK : NO. 10 - 54 11
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT
Plaintiff
vs.
DENIS M. DUMM
932 FORBES RD.
CARLISLE, PA 17013
Defendant
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NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set f
the following pages, you must take action within twenty (20) days afti
Complaint and Notice is served, by entering a written appearance, person,
by attorney, and filing in writing with the Court your defenses or objections
claims set forth against you. You are warned that if you fail to do so, th
may proceed without you and a judgment may be entered against you 1
Court without further notice for any money claimed in the Complaint or f
other claim or relief requested by the Plaintiff. You may lose money or pr
or other rights important to you.
th in
this
y of
the
case
the
any
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
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ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGE IES
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Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
*9a. P0 Aym
C* I C-185
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK NO.
4315 SOUTH 2700 WEST :
SALT LAKE CITY, UT
Plaintiff _
vs. CIVIL ACTION - Lk
DENIS M. DUMM
932 FORBES RD.
CARLISLE, PA 17013
Defendant
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender
conta la demanda puestas en las siguientes paginas, usted tienen que tomar =On
dentro veinte (20) dias despu6s que esta Demanda y Aviso es servid , con
entrando por escrito una aparencia personalmente o por un abogado y archi ando
por escrito con la Corte sus defensas o objeciones a las demandas puestas a esta
contra usted. Usted es advertido que si falla de hacerlo el caso puede proce er sin
usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro recl o o
alivio solicitado por Demandante. Usted puede perder dinero o propiedad otros
derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUID. SI
USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFON LA
OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON
INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFT INA
PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE P AN
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN
HONORARIO REDUCIDO O GRATIS.
I
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK NO.
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT
Plaintiff
vs.
: CIVIL ACTION -
DENIS M. DUMM
932 FORBES RD. :
CARLISLE, PA 17013
Defendant
COMPLAINT
1. The Plaintiff is American Express Centurion Bank (hereafter "American
Express") with a place of business located at 4315 South 2700 West, Salt La? e
City, Utah.
2. The Defendant, Denis M. Dumm, is an adult individual, residing at 9?2
Forbes Rd., Carlisle, Cumberland County, Pennsylvania, 17013.
3. At all relevant times, American Express was, and is, a bank chartered
under the laws of the State of Utah.
4. At all relevant times, Defendant was the holder of an American Express
credit card (the "Card") that enabled Defendant to charge items to a Reward Plus
Gold Card from American Express Account (Account Number XXXX-
XXXXXX-31003) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the
Account, and was responsible for paying all amounts charged to tile Acc(
6. The Agreement Between Rewards Plus Gold Cardmember and Ameri
Express Centurion Bank (the "Agreement's) was provided to Defendant with
Card, and a true and correct copy of the Agreement is attached hereto, and
incorporated herein, as Exhibit "A".
7. By accepting and using the Card, Defendant agreed to all of the terms
conditions set forth in the Agreement, including the following:
a. Defendant agreed that, as the basic cardmember, Defendant is liabl for
all amounts charged to the Account.
b. Defendant agreed to make the "Minimum Payment" (as that term
used in the Agreement) due each month, for charges on the account, by the
payment due date indicated on the monthly billing statements mailed by or
behalf of American Express. A true and correct copy of the April 2010 stat
is attached hereto, incorporated herein and marked Exhibit "B".
c. Defendant agreed that if the payment was not made by the paymen?ss
due
date indicated on the monthly billing statements, American Express may ass additional fees per the terms of the agreement.
d. Defendant agreed that in the event of default, Defendant would pa all
reasonable costs, including reasonable attorney's fees, incurred by American
Express in collecting the balance due, including finance charges and delinqu nc]
fees, and in protecting itself from any harm it may suffer as a result of the de aul
8. Defendant used the Card to charge various items to the Account.
9. American Express issued and sent to Defendant the Account Statements,
which set forth in detail all items charged to the Account, and the total amo it
due and owing by Defendant to American Express.
Count 1- Breach of Contract
10. American Express incorporates by reference the averments of
1 through 9.
11. Defendant failed to make the minimum payment specified on the
statements.
12. By reason of the foregoing, Defendant breached the Agreement with
American Express.
13. As a result of the breach, Defendant is personally liable to American
Express for the sum of $21,597.21. See Exhibit "B" as previously identified
incorporated herein
14. Despite due demand, Defendant has failed and refused to pay
Express any portion of the amount due and owing.
15. As a result of Defendant's failure to pay the amount that Defendant
American Express referred its claim to outside attorneys for collection, and
entitled to collect reasonable attorney's fees from Defendant.
16. By reason of the foregoing, American Express is entitled to jud
against Defendant for breach of contract in the sum of $21,597.21, plus
reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, American Express demands judgment against Defendan on
Count 1 in the sum of $21,597.21, plus reasonable attorney's fees, costs and
prejudgment interest.
Count 2 - Account Stated
(in the alternative to Counts 1 and 3)
17. American Express incorporates by reference the averments of
1 through 16.
18. Defendant used the Card to charge various items to the Account for
payment was never made. American Express kept accurate records of all de
and credits to the Account.
19. American Express mailed to Defendant monthly billing statements f the
Account, which accurately stated the previous balance, and the debits and credits
to the Account for the prior billing period.
20. Defendant had, for many months, made payments on account of the
billing statements or retained the statements without payment.
21. Defendant's actions as set forth above constituted an account stated
between the parties for the sum of $21,597.21, which sum reflects the balm
less credits, if any, which were applied prior to the date of this complaint.
WHEREFORE, American Express demands judgment against Defendant on
Count 2 in the sum of $21,597.21, plus prejudge' ent interest and the costs of thi
action.
Count 3 - Unjust Enrichment
(in the alternative to Counts 1 and 2)
22. American Express incorporates by reference the foregoing
through 21.
23. As a result of the foregoing, Defendant received the benefit of An
Express's extension of credit in the amount of $21,597.21 without paying
same.
24. Defendant was aware of, apprehended and appreciated American Express's provision of credit by reason of Defendant having made payments on
account of the Account statements received on and after Defendant opened e
Account.
25. The reasonable value of the credit American Express provided
is the sum of $21,597.21.
26. American Express is entitled to prejudgment interest on the
balance from the statement due date.
27. American Express believes and avers if the relief requested herein is
granted, Defendant will be unjustly enriched at American Express's expense.
WHEREFORE, American Express demands judgment against
Count 3 in an amount to be determined at trial.
Amy F. Doyle; Esquire
PA Supreme Court ID V062
Doyle Legal Services, LLC.
204 St. Charles Way, Unit E#177
York, PA 17402
717-812-1672
877-202-9420
on
206-203-3872 (facsimile)
Counsel for Plaintiff
Respectfully submitted,
VERIFICATION
I, Edmond Garabedian, the Custodian of Records for American Express Centurion
Bank, the within Plaintiff, verify that the statements of fact made in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that this verification is made subject to the penalties of 18 Pa. C. S.
4904, relating to unsworn falsification to authorities.
Date: b 7 23- /d
on a o American Express Centurion Bank
RE: DUMM/DENIS
E-'X I IT "A"
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 1
FDR 899869
Welcome to American Express Cardmembership
This document and the accompanying supplement(s)
constitute your Agreement Please read and keep this
Agreement. Abide by its terms. When you keep, sign or use the
Card issued to you (including any rear al or replacement
Cards), or you use the amount associated with this Agreement
(your Account"), you agree to the berms of this Agreement.
The words you,' W and'yours mean the person who
applied for the Account and the person to whom we address
billing statements, as wen as any person who agrees to be liable
on the Account The "Basic Cudme mber is the person who
opened the Account At your request, we may also issue a Card
on your Account to another person (an Additional
Cardmembem" ). The term "Card' refers to the American
Express' Card issued to you, all other Cards issued on your
Account, and any other device (such as Account numbers) with
which you may access your Account'We our' and %? refer
to American Express Centurion Bank the issuer of your
Account.
Using the Card
You may use the Card to obtain goods and services from
any person who accepts the Card. Tmmsactions you make in
response to promotional offers from us will be subject to the
terms of the promotion and this Agreement All amounts
charged to you Account including charges for purchases,
annual fee(s), if any, any amounts guaranteed by use of the
Card, other fees, and any Finance (barges, are %$arges.' You
agree no to let any person use a Card except a Cardmember
whose name is on it. You agree to notify us if the Cud is lost or
stolen, or you suspect that it is being used without your
permission. You agree to use the Account only for purchases
that are lawful and are permitted under this Agreement.
Except as otherwise required by applicable law, we will not be
responsible ifany merchant refuses to honor the Card or for
any other problem you may have with a merchant.
The Card has no pre-set spending limit Each Charge is
evaluated in light of your spending and payment patterns on
your Account and other accounts you may have with us and
our Man. your credit history, including experience with
other creditors, and your personal resources known to us. We
reserve the right to deny any request for aitharizatien for a
Charge. We may also request additional information from you
at am time.
We may issue you renewal or replacement Cards before a
previously issued Cud expires.
If you or an Additional Cardmember authorize a third
party to brill C6arga on a recurring basis to your Account
('Recurring Charge(s)'), we may (but ate not required to)
provide such third party with your current Account status,
Card number and/or expiration bate to permit that third party
to continue billing your Account. We may take such steps even
if your account number changes or if we issue a renewal or
replacement Card to you or an Additional csrlmember. To
withdraw authorization for a Recurring Charge, you must
notify the third party:
Promise to Pay
You promise to pay all Charges, including Charges incurred
by Additional Cardmembers, on your Account This promise
includes agy Charge for which you or an Additional
Cardmember indicated an intent to incur the Charge, even if
you or the Additional Cardmember have not signed a charge .
form or presented the Cud. You also promise to pay ury
Charge incurred by anyone that you or an Additional
Curimember let use the Cud, even though you have agreed
not to let anyone else use the Cud.
Status of and Responsibility for Additional Cardmembers
Additional Cardmtunbers do not have accounts with us.
hlstead, they are authorized users of you Account, and the
Cards issued to them may be canceled by you or us at any time.
You must notify us to revoke an Additional Cardmember's
Permission to on your Account You an responsible under this
Agreement for all use of you Account by the Additional
Catdme mbers, and by anyone else you or an Additional
Cardmember lets use the Card, and the Charges they incur will
be billed to you. You have this responsibility even if you did not
intend for an Additional Cardmember, or other person, to use
the Card for any transactions.
An Additional Cardmember is not liable for Charges
incurred by the Basic Cardmember or by other Additional
Cardmembers. However, by each use of the Additional Card to
incur Charges, the Additional Cardmember indicates his or her
agreement to pay us for the Charge ifyou fail to or refuse to
pay it, and we may, at our disaetion, pursue Additional
Cudmemben for payment of Charges they incur or authorize.
You authorize us to provide Account information to Additional
Cardmembers and to discuss the Account with them.
You agree to notify each Additional Cardmember, at the
time he or she becomes an Additional Cardenemben that we
may receive, record, exchange and use information about him
or her in the same manner we do with information about you,
as described below in the Consumer Reports, Telephone
MonkDdn %-wdi% and Suspension/ Cancellation
sections of this Agreement You agree to notify each Additional
Cardmember that Additional Cardmembers are subject to all
applicable provisions of this Agreement.
Flexible Payment Features
We may advise you that we have added or may add one or
more special plans to your Account that permit you to extend
payment on various Charges designated by us. In this
Agreement, each of these special plans is called a 'Feature'
These Features include, but are not limited to Sign & Travel,'
Extended Payment Option, and certain promotional offers we
may make.
The Sign &Travel Feature permits you, if d%ble, to extend
payment for airline tickets, cruise ship tickets. prepaid tour
packages, certain Charges made outside of the US. and any
other lharges designated by us. To elect to use this Feature, if
you are eligible, you must either advise the travel agent, airline,
or other travel industry merchant that you wish to do so when
giving your Account number for payment at the time of
purchase, or follow other procedures prescribed by us.
The Extended Payment Option permits you, ifeligible, to
extend payment for all eligible Charges by advising us one time
that you wish to do so. If this Feature is added to your Account,
an ofyour eligible Charges will be billed under the Extended
Payment Option Feature ofyour A-unt Eligible Charges
means those individual Charges that are at or above the dollar
amount disclosed to you when you enroll in this Feature, or
any other amount designated by us. The following are
examples of Charges that are not eligible Charges: Express
Cash, American Express' Travelers Cheques, American
Express' Gift Cheques, Privileged Assets,' insurance, real
estate and other transactions determined by us.
The Bank may change its designation of what Charges are
eligible for the Sign & Travel Account and/or the Extended
Payment Option at any tine- Any Charges that are not eligible
for extended payment, or any otherwise eligible Charges for
which you have elected not to extend payment, will be due in
full upon your receipt of the billing statement. Additionally,
any Charge incurred by a Cardmember who is not dole to
use one of the Features will also be due in full upon your
receipt of the billing statement.
Even if your Account is not enrolled in a Feature, you may
request to transfer the pay-in-full balance, or a portion thereof,
to a Feature. and extend payment of those amounts over time.
We may approve or decline your transfer request in whole or in
part at our sole discretion Any portion of the pay-in-full
balance not authorized by us for transfer to a Feature must be
paid in fun upon your receipt of the Account billing statement
Billing Statements
You must notify us immediately of any change in the
mailing or a-mail address to which we send billing statements
or notices that a billing statement has been posted ('Billing
Address`). If you wish a Billing Address change to apply to
more than one account you maintain with us, you must tell us.
You agree that we may also update your Baling Address if we
receive information that your Billing Address has changed or is
incorrect, We apply those terms of this Agreement that vary by
state according to your Billing Address When we receive
information that you have changed your Billing Address, those
terms o ftbie Agreement that vary del
your BillingAddress will apply to the
Account, including existing balances.
Amount Due
Each billing statement will reflect
Amount Due The Amount Due is tl
on your Account other than those an
plus (ii) the Flexible Minimum Amou
for any Charges associated with Featu
of arty previously billed Amount Due
Amount Due is due and payable once
statement.
Flexible Minimum Amount Due
Ifyou have barges associated id
Date of theb7Bngstatement ("Flexibl
billing statement will reflect a Flextbli
(`Minimum Amount Due). Payment
date shown and in the manner preser
The Minimum Amount Due will not o
Balance . You may pay more than the.
up to the entire outstandingbalantt, i
the Minimum Amount Due, we take t
following amounts and round the rest
dollar:
(a) 2% of the Flexible New Balano
(b) the lesser of
(i) current billed Finance Chart
New Balance (excluding fins
Flexible New Balance), or
(it) 4% of the Flexible New Bala
(c) $20.
Adjusted Minimum Amount Due
Summary: Ifyou consistently P&3
Minimum Amount Due outlined abo
your amounts due in full, we may cak
payment without the additional 1%0l
in (b)(i). If we do this, and finance ch
of the FkxNc New Balance, we may a
payment For information about how
detailed description below.
Detailed Description: We may is
calculation above by removing plus 1
Balance in (b)(i). After the adjustme
Amount Dee is equal to the current bi
will increase your Minimum Amount
We will apply the adjusted calculal
• the sum of your payments (ued
Balance in the six consecutive b
with the Closing Date of the cur
grater than the sum of the Min
the six consecutive billing perio
Closing Date of the previous bill
adjusted calculation and includi
in only the first of those six peri
• the sum ofthe Minimum Amon
sum ofyour payments (defined
or equal to $120;
- the sum of the Minimum Amou
used the adjusted calculation in
when your Minimum Amount I
. it is the first billing period endin
16, 2007, and your Account was
If we adjust your Minimum Amon
at least six billing periods, and if we at
Minimum Amount Due, we will not a
six billing periods, regardless of your 1
Payments
All payments must be sent to the p
on your billing statement and trust imi
coupon from your billing statement P
receipt ofthe billing statement. You in
currency, with a single draft or check o
payable in U& dollars, or with a negot
in U.S. dollars and clearable through d
CD 25349 (11/07)
I.E
on the state of
alanceofyour
ew Balance and an
tal of (i) all Charges
ted with Features,
hue (described below)
phis (iii) any portion
remains unpaid. The
receive the billing
Features on the Closing
New Balance'), your
Minimum Amount Due
s due by the time and
,ed on the statement
;teed your Flexible New
linimum Amount Due,
any time. To calculate
e greatest of the
t to the nearest whole
plus 1%of the Flexible
: chergea from the
tore than the
and you have paid
: balance rekrenced
es are more than 2%
$ly to your minimum
is works, read the
ist the outlined
ofthe Flexible New
if your Minimum
d Finance Charges, we
Lit by $15.
a to your Account if
d to your Flexible New
mg Periods ending
at billing period) is
um Amounts Due (for
ending with the
Due is equal to the
rve) and it is less than
s Due is zero and we
e last billing period
se was not zero; or
on or after November
pened before that date.
Due, we will do so for
i adjusting your
rst it amain for at least
rent address shown
le the remittance
sent is due upon your
pay us in US.
wn on a US. bank and
US. banking system,
fi
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 2
or through an electronic payment method clearable through
the U.S. banking system Your Account number must be
included of or with all payments. Ifwe decide to accept a
payment made in a foreign currency, you authorize us to
choose a conversion rate that is acceptable to as to convert your
remittance into U.S. currency, unless a particular rate is
required by tau
Payments conforming to the above requirements that we
receive no later than the hour spe iSed on your billing
statement will be credited to your Account as ofthe day
received; payments conforming to the above requirements that
we receive after the hour specified on your billing statement
will be credited to your Account as of the following day.
If payment does no conform to the requirements stated
above, crediting may be delayed. If this happens, additional
Charges may be imposed. We may accept late payments, partial
payments or any payments marked as being payment in fun or
as being settlement of any dispute without losing any of our
rights under this Agreement or under the law our acceptance
of any such payments does not mean we agree to change this
Agreement in any way. You agree that our accepts= ofsuch
payments will not operate as an accord and satisfaction
without our prior express written approval.
Subject to applicable law, we will apply andaliocate
payments and credits among feature; and Charges on your
Account in any order and manner determined by us in our sole
discretion. In most cases, we will apply and allocate payments
to the Minimum Amount Due on Feature balances first, then
to amounts due in fun. The remainder ofyour payment will he
applied to any outstanding Feature balances. Amounts applied
to Feature balances will be applied first to Feature balances at
louver Annual percentage Rates (APRs) and then to higher
APR Feature balances. In most area, we will apply purchase
credits first to the balance from which the corresponding debit
originated However, for servicing, administrative, systems or
other business reasons, we may apply and alocoe payments
and credits among Features and to Charges on your Account in
some other order or manner that we may determine in our sole
discrewn. You agree that we have the unconditional right to
exercise this discretion in a way that is most fawrable or
convenient to us.
Authorization for Electronic Debit to Your Checking
Account
When you provide a check as payment you authorize us to
use information from your check to make an electronic fund
transfer from your account or to process the payment as a
check transaction. If we process your check electronically;
funds may be withdrawn from your bank or asset account as
soon as the same day we receive your check. Also, if we process
your duck electronically, you will no receive that cancelled
check with your bank or asset account statement.
Finance Charges on Features
A. Finance Charges begin to accrue for each Charge as of
the date it is added to the daily balance for a Feature, as
described below. However, for Charges (other than Finance
Charges) that are added to a balance amometiallq, no Finance
Changes will accrue in any billing period in which the total
Account balance on the Closing Date for the previous billing
period is zero or a credit balance. in addition, Finance Charges
will not accrue during a billing period on any Feature balance
if, by the Closing Date of the billing period, payment in fun of
the New Balance shown on the statement for the previous
billing period is credited to your Account; provided, however,
that Finance Charges will accrue on transactions added at your
request to a Feature balance during the billing period.
B. Etch Feature is subject to the same Daily Periodic Rate
('DPI'), unless we notify you otherwise. Except as provided
blow, the DPR for each Feature is based on an APR, which
may vary. The APR is the Prime Rate (described below) plus
9.99%. A DPR is 1/365th of the APR. Your DPRs and APRs
appear on the accompanying supplement(s). When an APR
changes, we apply it to any existing balance subject to that rate.
C. The 'Prime Rate is determined once with respect to
each billing period. Tice Primc Rate for each billing period is
the Prime Rate published in the Money Rates section (or
successor section) of The Wall Street Journal on (a) the fast day
of that billing period or (b) the day that is two days prior to the
Closing Date of that billing period, whichever is higher. In each
case, if such a day is not a customary publication day for The
Wall Stmt Journal, we will substitute the closest preceding day
that is a customary publication day. If The Wall Street Journal
ceases or suspends publication, we may refs to the Prime Rate
published in any other newspaper of general circulation in New
Yorke. New York, or we may substitute a similar reference rate at
our sole discretion. Any increase or decrease to an APR
resulting from a change in the Prime Rate takes effect as ofthe
fast day of the billing period. An increase in the prime Rate
means that the variable APRs (and corresponding DPRs)
applicable to your Account will increase and you may incur
higher Finance Charges and may have a higher Minimum
Amount Due.
D. The DPR (and corresponding APR) on all Features may
increase to the Default Rate tf during the Review Period (i) `
your Account is delinquent on the Closing Date of any three
billing periods: (ii) your Account is delinquent on the Closing
Date of any two consecutive billing periods; or (iii) a payment
submitted on your Account is not honored. Your Account will
be considered delinquent ifpayment ofthe Amount Due from
a billing period is not credited to your Account by the Closing
Date ofthe next billing period. The 'Review Period' is the
period, constituting approximately one year, of twelve
consecutive billing periods ending with the Closing Date of the
current billing period, whether or not you received a statement
for each such billing period. If the Default Rate is applied, it
will apply to your Account for twelve consecutive billing
periods, beginning with the current billing period. The Default
Rate will not apply to any balance for features unless it is
higher than the rate that would otherwise apply to that
balance. The Default Rate is a DPR which corresponds to an
APR equal to the Prime Rate plus 21.99%.
Average Daily Balance Method for Calculation of Finance
Charges
We use the Average Daily Balance method to calculate
Fuumce Charges on your Account Under this method, we
calculate the Finance Charges on your Account by applying the
DPR to the Average Daily Balance (as described below)
separately for each Feature subject to a different DPR
(including current transactions). Different DPRs may he
applied to separate Feature balances. Tb get the Average Daily
Valance for each Feature, we (1) take the beginning balance for
each day (including unpaid Finance Charges from previous
billing periods), (2) add any new transactions, debits, or fees,
(3) subtract any payments or credits credited as of that day,
and (4) make any appropriate adjustments. For each day after
thefust day of the billingperiod we also add an amount of
interest equal to the previous days daily ba6mor muhfplial by
the DPR for the Feature. Ibis gives us the daily balance for the
Feature for that day and the beginning balance for the Feature
for the next day. If this balance is negative, it is considered to
be taro. Then, we add up all the daily balances for the Feature
for the billing period and divide the total by the number of
days in the billing period This gives as the Average Daily
Balance for that Feature.
if you multiply the Avenge Daily Balance for each Feature
by the number of days in the billing period and the DPR for
that Feature, the result will be the Finance Charge assessed on
that Future, except for variations caused by rounding. The
total Finance Charge for the billing period is calculated by
adding the Finance Charges assessed on all Features of the
Account This method ofealculating the Average Daily Balance
and Finance Charge results in daily compounding ofPimance
Charges We may use mathematical formulas which produce
equivalent results to calculate the Avenge Daily Balance,
Finance Charge, and related amounts. For example, we may
utilize computer programs or other computational methods
that are designed to produce mathematically equivalent results
while using fewer and/or simpler computationalsteps than are
described in this Agreement.
At our disarton, we may exclude certain categories of
debit transactions or free from the calculation of the daily
balances. Unless we elect to use a later data, we add a Charge to
the daily balance as follows: For Charges (other than Finance
Charges) that an added to a balance automatically, we add the
Charge to the appropriate daily balance for the Feature as of the
transaction date of the Charge. For Charges that a- not added
to a balance automatically (cg., in response to a specific
transfer request), we add the Charge to the appropriate daily
balance for the Feature as ofthe date we process the request
Periodic Finance Charges are added to the outstanding
balance at the end of the billing period for which Finance
Charges are calculated. In our sole discretion, we also may
round any calculations made in determining the Finance
Charges on your Account in any way that is convenient to us.
FDR 899869
Any such rounding may apply to or can
DPRs.
Annual Fees
We will bill to your Account an am
Basic Card and up to five Additional C
Additional Card on your Account after
annual fee for ad Card is increased b
Address of the Basic Cardmember is o
Late Fees
Ifpayment ofany portion of the At
statement is not credited to your Aso
the Closing Date of the next billing per
Date'), we may awn a fee of $35 (low
payment ofthat Amount Due is not cn
by the following Next Closing Date, we
additional fee in that same billing peril
or 2.99% of the total Amount Due that
Account by that Neat Closing Date (Io
the total Amount Due is no credited n
successive Next Closing Dates, we may
greater of $35 or 199% of the total Am
not credited by each successive Next C]
Other Fees
We may large the following fees b
to applicable law:
1. Dishonored payments: We mu
whenever any check, similar instrumes
order that we receive as payment on yes
honored upon first presentment.
If a Card is presented in connection
an American Express Travel Service CM
location and the check is no honored,
SM. (We will also add a Charge to yon
of the check that was not honored.)
2. Copies of Statements: We may
each billing period for which a copy of
requested we will not charge this fee f
of any ofthe billing statements fortheI
immediately prior to the request.
3. Accomrt Reopening Fee: We u
fee of S25 ifyour Account is canceled 6
request reinstatement and such request
Suspension/Cancetlation
In addition to any other actions we
Agreement we may suspend or cancel
Future, or any component ofyotr Acc
suspend or cancel the authorization of
Cardmember to make Charges to your
discretion at any time, with or without
your Account is in defauk and without
subject to applicable law. Any such aeti
cancel your obligation to pay all (large
under the terms of this Agreement in e
action or as subsequently amended, an
such Charges despite any such action.I
parties who accept the Card that the Ca
and/or AdditionalCatdmemben have 1
cancel the Card or it expires, you may r
must destroy it or return it to us or, ifw
party.
Ifyou want to cancel the Account o
you most notify us and destroy the Can
ffwe agree to reinstate your Accour
the new Agreement we send you (or, if
new Agreement this Agreement as it n
govern your reinstated Account. When
Account we may reinstate any Additto
connection with your Account, and bill
annual fee(O.
Default
We may consider your Account to b
if you fail to pay us any amount when it
any other promise or obligation under i
Subject to applicable law, we may al
Account to be in default at anytime if a
you to us in connection with this Ascot
program was 61se or misleading; if you
obligation under say other agreement t
us or with any ofour affiliates; ifwe rec
indicating that you am bankrupt mien,
variations in your
fee of $150 for the
, and $35 for each
first five. The
if the Bining
le the United States.
ant Due on a billing
by the 14th day after
I ('Next Closing
15). In addition, if
ted to your Account
ay assess an
race not credited to your
a $15). If payment of
your Account by
assess a fee equal to the
amt Dux that remains
using Date (Iowa $15).
your Account subject
r charge a fee of S38
t, or electronic payment
m Account is not
with ashinga check at
ice or other authorized
re may large a fee of
Account in the amount
:barge a fee of S5 for
billing statement is
r any request for a copy
tree billing periods
nay charge a -opening
r any reason and you
is honored.
hay take under this
our Account, any
am, and/or we may
ay Additional
.count at our sole
ause, whether or not
pving you notice,
a on our part will not
due on your Account
act at the time ofsuch
you ague to pay us all
d(s) issued to you
eon canceled if we
> longer use it and you
request, to a third
any Additional Cards.
(s).
: after a cancellation,
rc do not send you a
ry be attended) will
ve reinstate your
al Cards issued in
irou the applicable
in default at any time
n due, or if you breach
is Agreement
y statement made by
it or any other credit
much any promise or
at you may have with
ive information
to file bankruptcy, or
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 3
are unable to pay your debts as they become due", or we receive
information lading us to conclude that you an otherwise not
creditworthy. In evaluating your creditworthiness, you agree
that we may rely on information contained in consumer
reports, and in our discretion we may consider the amount of
debt you are carrying compared to you resources or any other
of your credit characteristics, regardless of your performance
on this Account. We may also consider your Account in default
in the event ofyour death.
In the event ofyour default. and subject to any limitations
or requirements of applicable law, we may require payment of a
portion ofyour outstanding balance greater than the total
Minimum Amount Due, declare the entire amount of your
obligation to us immediately due and payable, and/or suspend
or cancel your Account any component ofyour Account,
and/or any Feature that may be offered in connection with the
Account You agree to pay all reasonable costs, including
reasonable attorneyd fees, incurred by us (1) in connection
with the collection of any amount due on your Account
whether or not any arbitration, litigation, or similar
proceedings are initiated; and (2) in reasonably protecting
ourselves from any loss, harm, or risk relating to any default on
your Account
Transactions Made in Foreign Currencies
If you incur a (urge in a foreign currency, it will be
converted into U .S. dollars on the daft it is processed by us or
our agents Unless a particular rate la required by applicable
law, you authorize us to choose a conversion rate that is
acceptable to na for that date. Currently, the conversion rate we
use for a Charge in a foreigo currency is no grater than (a) the
highest official conversion ate published by a government
agency, or (b) the highest interbank conversion rate identified
by us from customary banking sources, on the conversion date
or the prior business day, in each instance increased by 2%.
This conversion ate may differ from rates in effect on the date
of your Charge. Charges converted by establishments (such as
airlines) will be billed at the rates such establishments use.
Benefits and Services
Subject to applicable law, we have the right to add, modify
or delete any benefrt savue, or Feature that may accompany
your Account at any time and without notice to you.
Arbitration
Purpose This Arbitration provision sets bib the
circumstances and procedures under which Claims (as defraud
below) may be arbitrated instead of litigated in court
Definklona As used in this Arbitration Provision, the
term 'Claim mans any claim, dispute or controversy between
you and us arising from or relating to your Account, this
Agreement, the Electronic Finds Tmisier Services Agreement
and any other related or prior agreement that you may have
had with us, or the relationships resulting from any ofthe
above agreements ('Agreements"), except for the validity,
enforceability or scope ofthis Arbitration PmvWon or the
Agreements. For purposes of this Arbitration Provision,W
and 'us' also includes any corporate parent, or wholly or
majority owned subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any purchaser of any
accounts, all agents, employee, directors and representatives
of any of the foregoing, and other persons referred to below in
the definition of'Claima"Claim include claims of every
kind and nature, including but no limited to, initial dam,
counterclaims, cross-claims and third-partyclaims and claims
based upon contract, tort, fraud and other intentional torts,
statutes, regulations, common law and equity 'Claim also
includes claims by or against any third party using or providing
any product service or benefit in connection with any account
(including, but not limited to, credit buraos, third parties who
accept the Card, third parties who use, provide or participate in
fee-based or free benefit programs, enrollment services and
rewards programs, credit insurance companies, debt collectors
and all of their agents, employee, directors and
representatives) if and only if such third party is named as a
co-party with you or us (or files a Claim with or against you or
us) in connection with a Claim asserted by you or us against
the other: The term 'Clainf is to be given the broadest possible
meaning that will be enforced and includes, by way of example
and without Imitation. any claim, dispute or controversy that
arises from or relates to (a) any of the accounts created under
any of the Agreements, or any balances on any such accounts,
(b) advertisements, promotions or oral or written statements
related to any such accounts, goods or services financed under
any of the accounts or the terms of financing, (c) the benefits
and services related to Cardmembership (including fee-based
or free benefit programs, enrollment services and rewards
programs), and (d) your application for any account We shall
no elect to use arbitration under the Arbitration Provision for
any Claim that you properly file and pursue in a small claims
court of your state or municipality so long as the Claim is
individual and pending only in that court.
Initiation of Arbitration Proceeding/Sdection of
Administrator: Any Claim shall be resolved, upon the election
by you or us, by arbitration pursuant to this Arbitration
Provision and the code of procedures of the national
arbitration organization to which the Claim is referred in effect
at the time the Claim is filed (the "Code"), except to the extent
the Code conflicts with this Agreement Claims shall be
referred to either the National Arbitration Forum (`NAP') or
the American Arbitration Association ('AAA'), as selected by
the party electing to use arbitration Ifa selection by us of
either of these organizationa is unacceptable to you, you shall
have the right within 30 days after you receive notice of our
election to select the other orpniration listed to serve as
arbitration administrator. For a copy of the procedures, to file a
Claim or for other information about these organizations,
contact them as follows:
NAP at P.O. Box 50191, Minneapolis, MN 55405;
website: wwwmbitration-forum com.
• AAA at 335 Madison Avenue, New York, NY 10017;
website. www:adcorg.
Significance of Arbitration; IF ARBITRATION IS
CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO
LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL
ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT
HAVE THE RIGHT TO PARTICIPATE IN A
REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY
CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH
BELOW THE ARBITRATOICS DECISION WILL BE FINAL
AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU
OR WE WOULD HAVE IF YOU WENT TO COURT ALSO
MAY NOT BE AVAILABLE IN ARBITRATION.
ReatriWons on Arbitration: IF EITHER PARTY ELECTS
TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM
SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY
CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS
OR ON BASES INVOLVING CLAIMS BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF
THE GENERAL PUBLIC, OTHER CARDMEMBERS OR
OTHER PERSONS SIMILARLY SITUATED. The arbitrator's
authority to resolve Claims is limited to Claims between you
and us alone, and the arbitrators authority to make awards is
limited to awards to you and us alone. Furthermore, claims
brought by you against us, or by us against you, may not be
joined or consolidated in arbitration with Claims brought by or
against someone other than you, unless agreed to in writing by
all parties. No arbitration award or decision will have any
preclusive effect as to issues or claims in any dispute with
anyone who is not a named party to the arbitration.
Notwithstanding any other provision in this Agreement
(including but not limited to the Continuation provision
below) and without waiving either parto right to appeal such
decision, should any portion of this Restrictions on
Arbitration provision be deemed invalid or unenforceable,
then the entire Arbitration Provision (other than this sentence)
shall not apply.
A61tration Procedures: This Arbitration Provision a
trade pursuant to a transaction Involving interstate commerce,
and shall be governed by the Federal Arbitration Act, 9 U S.C.
Sections 1-16, as it may be amended (the 'FAA7). The
arbitration shall be governed by the applicable Code, except
that (to the extent enforceable under the FAA) this Arbitration
Provision shall control if it is inconsistent with the applicable
Code. The arbitrator shall apply applicable substantive law
consistent with the FAA and applicable statutes of limitations
and shall honor claims of privilege remgni:ed at law and, at
the timely request of either party, shall provide a brief written
explanation of the basis for the decision. The arbitration
proceeding shall not be governed by any Federal or state rules
of civil procedure or rules of evidence. Either party may submit
a request to the arbitrator to expand the scope of discovery
under the applicable Code. The party submitting such a
FDR 899869
request must provide a copy to the of
submit objections to the arbitrator w
objections provided to the requestity
days of receiving the requesting part
denial ofsudh a request will be in thi
arbitrator who shall notify the parts
within twenty (20) days of the object
The arbitrator shall tske reasonable i
pdvsryofindividuals, and ofbusma
the award rendered by the arbitrator
court having jurisdiction. The atbitn
and binding, except for any right of a
FAA. Hovrcver, any party can appeal
organization, which shall consider ant
initial award objected to by the appal
party shall have thirty (30) days from i
written arbitration award to notify the
that it is exercising the right ofappal.
with the arbitration organization in th
writing. The arbitration organisation t
party that the award has been appaia
organization will appoint a three-atbit
conduct an arbitration pursuant to its
derision within one hundred and twee
of the appellants written notice. The d
be by majority vote and shall be final a
Location ofArbitration/ftymasal
arbitration besting that you attend she
federal judicial district of your raider
(including f ling, administrative, head
provided by the Code, to the extent thi
exceed the amount of thefling fees yo
the Claim had been brought in the star
to your bedbug address that would ham
Claim We willbe responsible for payb
arbitration fees. At your written refine
good fifth making a temporary advam
sham of the arbitration fees for any Ch
which you or we seek arbitration. You
arbitration fees in excess of your sham
any arbitration with us.
Cond atkon: This Arbitration Pi
termination of your accounts as well a:
the Account balance in hill byyou, any
or us to collect a debt owed by the odw
you or us, and any sale by us ofyour A
of ask, its terms shall apply to the buyr
Account). Except as otherwise provide
Arbi<ratio® provision above, if any po
Provision (other than the Restrictions
provision) is deemed invalid or unmk
invalidatethe remaining portions of ti,
the Agreement or anypredtcasa agn
had with us, each of which shall be enf
such invalidity.
Waiver
Our failure to exercise any of our ri
Agreement our delay in enforang any
waiver ofour rights on any occasion, sl
waiver ofsuch rights on any other oca
Consumer Reports
You author= us to request consuo
make whatever credit investigations w
obtain and exchange any information i
consumer reports and other sources, a
information for any purposes, subject i
You authorize us to furnish inform
Account to consumer reporting agenei
applicable law. If you believe infotmad
about you Amount to a consumer rep
inaccurate, you should write to us at A
Bureau Unit, P.O. Box 7871, Ft Lauder
identify the specific information you b
You are hereby notified that infatc
Account that may have a negative imp
may be submitted to a credit reporting
fiifill the two of your credit obligatic
r party, who may
i a copy of the
arty, within fifteen (15)
notice. The granting or
Ae discretion of the
)f histher decision
gpartys submission.
ps to present the
matters. judgment upon
my be entered in any
eta decision will be final
eal. provided by the
it award to a thee-
me arbitrates
vany aspect ofthe
tg party. The appealing
the appeal shall be filed
form ofa dated .
in then notify the other
. The arbitration
eta panel that will
;ode and isms its
y (120) days ofthe date
ciaion ofthe panel shall
hd binding.
ofFeew Any
1 take place in the
e. You will be
r. ofthe arbitration fees
ig and/or other fees)
: such fees do not
i would have incurred if
rtiadiction over the
the remainder of airy
we will consider in
of allorpartofyour
a you initiate as to
B not be assessed any
you do no prevail in
vision shall survive
voluntary payment of
legal proceeding by you
;anybankn*wyby
court (and in the case
rofanyofyour
in the Restrictions on
it shall no
stion Provision,
on may have
raardless of
under this
r rights, or our
tat constitute a
r reports about you, to
leem appropriate, to
may receive from
to we such
applicable law.
we have furnished
tng agency is
eriam Express Credit
e, FL 33329-7871 and
ve is inaccurate.
on about your
on your credit record
envy if you fail to
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 4
Telephone Monitoring/Recording
You agree that from time to tip we may monitor and/or
record telephone calls between you or Additional
Cardmembers and us to assure the quality of our customer
service or as required by applicable law.
Use of Card at Federal Government Agencies
American Express has entered into contracts that enable
the Card to be accepted at certain federal government agencies
and departments (`Agencies-). As with Card transactions at
commercial establishments, when you choose to use your Card
at an Agency, certain Chuge information is necessarily
collected by us. Charge information from Card transactions at
Agencies may be used for processing Charges and payments,
billing and colkctiosa activities and may be aggregated for
reporting, analysis and narketirg activities. Additional
`routine uses' of Charge information by Agencies are
published periodically in the Federal Register.
Insurance Products Notice
We identify insurance providers and products that may be
of interest to you. In this role we may act on behalfofthe
insurance provider. as permitted by law. We receive
compensation from insurance providers the may vary by
provider and product Also, we may receive additional
compensation or financial benefit when AMEX Assurance
Comparry or another American Express entity acts as the
insurer or reimsurer for these products. The arrangements we
have with providers, including the potential to insure or
reinsure products, may also influence what products and
provident we identify.
Notices
Any notice given by us shall be deemed given when
deposited in the U.S. mail postage prepaid, addressed to you at
the latest Billing Address shown on our records.
Changing this Agreement/Assignment of this Agreement
We may change the terms ofor add new term to this
Agreement at any time, in accordance with applicable law. We
may apply any changed or new terms to any then-existing
balances on your Account as well as to future balances. This
written Agreement is a final expression of the agreement
between the creditor and the debtor and the written
Agreement may not be contradicted by eve of any alleged
oral agreement We may also sell, transfer or assign this
Agreement and the Amount at any time without notice to you.
You may not sell, assign or transfer your Account or any of
your obligations under this Agreement. Your Account may be
transfared to American Express Centurion Services
Corporation if your Account is in default under the terms of
this Agreement
Assignment of Claims
In the event you dispute a Charge and we credit your
Account for all or pat of such disputed Charge, we
automaticaIly succeed to, and you are automatically deemed to
assign and transfer to us. any tights and claims (excluding tort
claims) that you have, bad or may have against any third party
for an amount equal to the amount we credited to your
Account After we make such credit, you agree that without our
consent you will not pursue any claim against or
reimbursement from such third party for the amount that we
credited to your Account, and that you will cooperate with us if
we decide to pursue the third party for the amount credited.
Your Account may be transferred to American Express
Centurion Services Corporation ifyour Account is in default
under the terms of this Agreement.
Applicable Law
This•Agreement and your Account and all questions about
their legality, enforceability and interpretation, an governed by
the laws of the State of Utah (without regard to internal
principles of conflicts claw), and by applicable federal law. We
are located in Utah, hold your Account in Utah, and entered
into this Agreement with you in Utah.
AMERICAN EXPRESS CENTURION BANK
To American Express Cardrnenabers In The United States
And Its Territories.
Your Billing Rights - Keep This Notice for Future Use.
This notice contains important information about your
rights and our responsibilities under the `Fair Credit Billing
Act'
Notify Us In Case of Errors or Questions about Your
Account Statement
Ifyou think your statement is wrong or if you need more
information about a transaction on your statement, 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 telephone us, but doing so will not preserve your
rights.
In your letter, give us the following information
. Your name and Account number
• The dollar amount of the suspected error.
. Describe the error and explain, if you an, why you
believe there is an error. Hyou need more information,
describe the item you are not sure about.
Ifyou have authorized us to pay your Account statement
sutomatially from your savings, checking or other account,
you can stop the payment on any amount you think is wrong.
To stop the payment, your letter must reach us three business
days before the automatic payment is scheduled to occur.
Yaw Rights and Oar Responsibilities after We Receive Your
Written Notice
We must acknowledge your letter within thirty (30) days,
unless we have corrected the error by then. Within ninety (90)
days, we must either cored the error or explain why we
believe the statement was correct
After we receive your letter we cannot try to collect any
amount you question, or report you as delinquent We an
continue to bill you for the amount you question, including
Finance Charges. You do not have to pay any questioned
amount while we are imastigating, but you are still obligated to
pay the parts dyour statement that are not in question.
Ifwe find that we made a mistake on your statement, you
will not have to pay any Finance Charges related to any
questioned amount If we did not make a mistake, you may
have to pay Finance Charges, and you will have 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
date that it is due.
Ifyou fail to pay the amount the we think you owe, we may
report you as delinquent. However, if our explanation does not
satisfyyou and you write to us within ten (10) days telling us
that you still refine to pay, we must tell anyone we report you
to the you have a question about your statement, and we must
tell you the name of anyone we reported you to. We must tell
anyone we report you to that the matter has been settled
between us when it finally is.
If we do not follow these rules, we cannot tolled the first
$50 of the questioned amount, even if your statement was
correct.
Special Role for Credit Card Purchases
Ifyou have a problem with the quality of property or
services 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 services There are two limitations to this right:
(a) You must have made the purchase in your home state or, if
not within your home state, within 100 miles dyour current
mailing address; and (b) The purchase price must have been
more than $50.
These limitations do not apply if we own or operate the
merchant or ifwe mailed you the advertisement for the
property or services.
Note for Ohio Residents: The Ohio laws against
discrimination require that all creditors make credit equally
available to all creditworthy customers, and that credit
reporting agencies maintain separate credit histories on each
individual upon request The Ohio Civil Rights Commission
administers compliance with this law.
FDR 899869
Once you enroll In Express Cash (Ca
Pay By Compater, Pay By Phone ora
Express Electronic Farads Ttraasfer a,
'Progrimi!), you will be subject to tr.
TraasferAgreement (the'EPT Agm,
Scope of Agreement
This EFT Agreement covers your p
Program. In this EFT Agreement, the h
refer to the Basic Cardmember and als
Cardmembers who have enrolled in th
`wq' bars'' and %? refer to American
Services Company, Inc The words -yo
Accounts! refer to your Card Account
Express Accosts that we permit you t
The words 'your Bank Account"refer 1
bank securities firm or other financial
payment will be made when you make
Program. Thewords 'your baW mesa
firm or other fuuncial institution that
Account The words other options' re
transfer options and/or other ash aw
Express may nuke available from time
option to pay your Card Arrant bill el
computer, phone or other device . Pard
Cash Program will enable you to use it
from Automated Teller Machines (`AT
bank or financial institution that parni
Cash Program.
The Card Account is governed by f
Agreement that is attached to this EFT
agreement and the capitalized terms it
Personal Identification Number
in connection with your participat
have issued to you or allowed you to cb
Identification Number (-PINT. Each t
ash at an ATM you must supply your:
the Card. To ensure the no unauthorb
made under the Express Cash Progtau
reasomble precautions to prevent any
learning your PIN or using the Card F
any material containing your PIN attar
Other electronic funds transfer optiom
the use of a PIN.
Limits on Obtaining Cash or Cheque
The limit on the amount dash th
Cardmembers on your American Expr
frron ATMs is $2,500 in any seven-day
additional limits at our sole discretion
limits imposed by the ATM's operator)
Payment for Cash Transactions
Each time you initiate a ttattsactiot
you instruct and authorize us or our q
initiate an automated clearing house ('
name on your Bank Account, payable t
the amount of the transaction. The am
is the total of (i) the amount of any asl
funds transfer you authorized, (ii) the i
goods or services obtained, and (ice) an
of the ATM by its operator.
Fees
We may charge a fee to the Card Ac
Cash transaction at an ATM. This fee v
of the transaction, with a minimum of
transaction is the total of (i) the amour
received or other funds transfer you an
amount of any other goods or services
fees imposed for use ofthe ATM by its
for each transaction your bank may an
transaction fee or per-check or item-lu
We may also charge a fee of $38 for eac
drawn by us or our agent in mnnectior
is not honored upon fast presentment
law Your bank may also assess its cusu
items, if any.
Dishonored Requests for Payments
Ifany chap or ACH debit drawn bj
connection with the Program is no ho
have the right to charge the amount of
and the dishonored payment fee refem
1-800-CASH-NOW),
yotherAmerican
vice (hereafter the
i Ekdromic Funds
n in the
.and.yonr,
1 Additional
The words
tvel Related
: any other American
eamll in the Program
the account held by a
institution from which
raosactions under the
the bank securities
olds your Bank
r to electronic payment
is the American
o time, including the
troulcally using a
ipatiug in the Express
Card to obtain cash
Cary operated by any
pates in the Express
Cartimember
geement That
also apply here.
in the Program, we
se your own Personal
you wish to obtain
t and use or present
transactions are
ou should take all
err person from
sample, never keep
d to or with the Card
ay or may not require
on and Additional
Accounts may obtain
iod. We may impose
addition to any
under the Program,
rot to draw a check or
,CH') debit in your
us or to our agent, in
unt of the transaction
you received or other
mount ofany other
fees imposed for use
rot for each Express
be 3%dthe amomt
The amountofthe
f any cash you
sized, (ii) the
aired, and (iii) any
rator.In addition,
:k or ACH debit
the Program that
:t to applicable
charge for such
us or our agent in
ored by your bank, we
ay such transaction,
d to above, to the Card
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 5 1+1
Account or to tolled the amount from you. If this happens, we
may cancel your tight to participate in the Program.
For certain Bank Accounts, you may have a separate
agreement with us or with a participating bank, securities
firm, or other financial institution that allows a line of credit to
be accessed in the event that your Bank Account contains
insufficient funds to make payment to us. You should refer to
the appropriate agreement relating to that line of credit for the
terms and conditions that govern its use.
Liability for Unauthorized Transactions and Advisability of
Prompt Reporting _
You must tell us AT ONCE if you believe the Card or your
PIN has been lost stolen or used without your permission.
Telephoning is the best way of minimizing possible losses. If a
transaction was unauthorized, and within two days after you
team about it you notify us, that the transaction was
unauthorized, we will not hold you liable for that transaction.
In any event even if you fail to notify us, your liability for any
unauthorized transaction or series of related unauthorized
transactions shall not exceed $50. If you believe the Card or
your PIN has been lost or stolen or that someone has
transferred or may transfer money from your Bank Account
without permission call:
1-800-5284800 (within U.S.) or 1-336-393-1111(outside
U.S.) anytime, or write. American Express Credit Department,
P.O. Box 53830, Phoenix, Arizona 85072-3830.
Outside the United States, you may also contact any
American Express Travel Service location to report a loss or
theft of the Card or your PIN.
Our Liability for Improper Transactions or Payments
If a transaction is not completed as you have directed or if
we do not complete a transfer to or from your Bank Account on
time in the correct amount, we will research and correct it as
necessary; once you advise us. We will also reimburse you for
your actual losses or damages, if an)caused by our error.
However, there are some exceptions. We will not be liable to
you in the following instances:
• it through no fault of ours, your Bank Account does not
or did not contain enough money to complete the
transaction or the transfer would exceed an established
credit limit,
• if the funds in your Bank Account are or were at the time
of the attempted transaction subject to legal process or
other encumbrance restricting the transaction;
• if the ATM or other location where you are making the
transaction did not have enough ash;
. if the ATM was not working properly and you knew this
at the time you started making the transaction;
• if circumstances beyond our control (such as fire or
flood) prevent or prevented the transaction, despite
reasonable precautions that we have taken;
if a technical malfunction known to you prevented the
transaction;
or any other exceptions stated in this EFT Agreement
Business Day
For purposes of this EFT Agreement our business days are
Monday through Friday. Holidays are not included
Arbitration
The Card Account is governed by the Cardmember
Agreement contained herein. The Arbitration provision
contained within that agreement applies to this EPT
Agreement Please refer to that provision as you read this EFT
Agreement
Privacy
Electronic funds transfers you initiate pursuant to this EFT
Agreement are covered by the American Express Privacy
Policy, a copy of which was given to you together with your
American Express Card. To view our Privacy Policy online,
please visit americanexpress.com.
How to Contact Us
If for any reason you wish to contact us about the Program,
about your participation in the Program, or about transactions
relating to the Program. write or all us as follows:
Address: American Express Travel Related Services
Company, Inc., Electronic Funds Services, P.0. Boa: 297815, Ft
Lauderdale, PL 33329-7815 or e-mail us by clicking on the
Customer Service link online at www amerfcanexpress.com.
Telephone: 1-800-CASH-NOW, 24 hours a day, seven days a
week,
In Case of Errors or Questions About Your Transactions
Write or call us at the number or address given above as
soon as you can if you think your statement or receipt is wrong
or ifyou need more information 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. Ifyou are delayed in contacting us
due to extenuating circumstances (such as a hospital stay), we
may extend this 60 days for a reasonable time.
1. Tell us your name and Card Account number.
2. Describe the error or the transaction you are unsure
about, and explain as dearly as you can why you believe it is an
error or why you need more information.
3. Tell us the dollar amount ofthe suspected error.
Ifyou tell us orally, we may require that you send us your
complaint or question in writing within 10 business days" from
the date you notified us.
We will tell you the results of our investigation within 10
business days` after we hear from you and we will correct any
error promptly. If we need more time, however, we may take up
to 45 calendar days to investigate your complaint or question.
Ifwe decide to do this we will assure that your bank recredits
your Bank Account within 10 business days' for the amount
you think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation. Ifwe
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 reaedit your Bank Account
For transactions initiated outside the United States (and in
the event there are transfers resulting from any point-of-sale
debit card transactions), we will have 90 calendar days to
complete our investigation, unless otherwise required by law.
If notification of an error is received within 30 calendar
days after your Bank Account is opened, we will have 20
business days to provide you with the results of our
investigation and correct any error and 90 days to complete the
investigation.
Ifwe determine that there was no error, we will send you a
written explanation within three business days after we finish
our investigation. Upon your request we will provide you with
copies of the documents that we used in our investigation. If
we have provisionally reaedited your Bank Account during the
investigation and determine that there was no em, we will
notify you of the date on which we will redebit your Bank
Account, and the amount to be debited You should make
certain that your Bank Account contains sufficient funds to
cover this debit. If it does not, we have the right to charge such
amount to the Card Account or to collect the amount from you.
If this happens, we may cancel your right to participate in the
Termination
We, or any bank or financial institution participating in the
Program, may add to or remove from the Program any or all
ATMs or extend or limit the services provided at any location
without notifying you beforehand. In addition, we may
discontinue the Program at any time.
Your right to participate in the Program will be terminated
or suspended if the Card Account is cancelled or suspended, if
you cancel the authorization you have given your bank to
directly charge checks to your Bank Account, if the Bank
Account from which payment will be made when you make
transactions under the Program is dosed to withdrawal
transactions by us or our agents, if your participation in the
Program is inactive for 18 consecutive months or more, or if
the Card Account is no longer in good standing.
In addition to the foregoing, we may revoke your right to
participate in the Program, at any time, at our sole discretion,
with or without cause, subject to applicable law. If we do so, we
will send you written notice, but we may not send you the
notice until after the revocation. We also have the right to deny
authorization for any requested transaction, at any time, at our
sole discretion, with or without cause, and without giving you
notice, subject to applicable law. You may terminate your
participation in the Program but you must do so by writing to
us at the address disclosed in the Section of this EFT
Agreement entitled How to Contact UL
Prior Agreements and Assignments
This EFT Agreement supercedes all prior agreements you
may have with us relating to the Program. We have the right to
assign this EFT Agreement to a subsidiary or affiliate company
at any time.
FDR 899869
AMERICAN EXPRESS TRAVEL
COMPANY, INC.
Note for Massachusetts Residents
General Disclosure Statement: A
provided to you which indicates that a
transfix was made shall be admissible
transfer and shall constitute prima far
transfer was made.
The inltlation by you of certain ale
from your Bank Account will, except a
this EFT Agreement. effectively elimfr
payment of the transfer.
UNLESS OTHERWISE PROVIDE]
AGREEMENT, YOU MAY NOT STOP
ELECTRONIC FUNDS TRANSFERS;'
SHOULD NOT EMPLOY ELECTRON]
PURCHASES OR SERVICES UNLESS
THAT YOU WILL NOT NEED TO STt
Disclosure of Account Informstior
give us your written authorization to c
about you, your Card Account or the t
make to any person, that authorizatia
expire 45 days after we receive it
Optional Limit as Obtaining Can
to request that we limit the total amou
obtain from ATMs in a single day to f'
option we will take all reasonable step
request.
For Your Safety when Using an ATM
Following:
If the ATM you are using is inside,
entry door completely upon entering.
legitimate need to gain access to an Al
There maybe occasions when non-aub
access to an ATM machine that are be
control
Put withdrawn ash in a secure ph
from the ATM. Be aware ofyour surro
you are being watched or followed, car
then go to a well-populated area. If ne
police.
Do not write your PIN number on
give your PIN number to anyone else.
can 911.
Complaints concerning security at
Dispenser should be directed to the ad
to Contact Ua.
Notes Activity is being recorded by,
locations in New York City and/or as re
.For Massachusetts residents. 10 ca
business days.
Program Description
Return Protection offers you guara
satisfaction on designated items porch
eligible American Express Card. Ifyou
designated item within 90 days from t]
the merchant wout take it back, Amer
the full purchase price, up to $300 per
and handling and up to a maximum o
Cardmember Account.
How to File a Return Protection Req
Once you have verified that the me
the designated item, call I-SM-297-80
purchase date to notify as of your requ
the date ofyour initial call, we need to
• Original spore receipt
• American Express Card record e
• Any other items deemed r asoa
your request
Once your request has been approt
instructed to send the purchased item
Please keep a record of your shipping s
need to provide proof of shipping in th
designated items are not received You
shipping and handling charges for the
SERVICES
electronic funds
evidence of such
proof that such
foods transfers
wise provided in
it ability to stop
IN THIS EFT
AYMENT OF
HERE RE, YOU
ACCESS FOR
OU ARE SATISFIED
Third Parties. Ifyou
lose information
sactions that you
r: You have the option
it of cash that you may
D. Ifyou elect this
to comply with your
Please Observe the
ding, close the
iduals who have a
could have a card.
zed users gain
an individual's
before stepping away
dings. If you believe
I your transaction,
scary, all the local
near the Card. Do not
case of an emergency,
i American Express
ess listed under How
]den cameras at ATM
iced by local
dar days instead of
entirely with an
to return a
rte of purchase and
Express will refund
, excluding shipping
cant will not accept
within 90 days of the
. Within 30 days from
eive the following:
by us to process
, you will be
us within 30 days.
ement as you will
vent that your
e responsible for the
m. The refund - up to
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 6
$300 per item and up to a maximum of $1,000 per
Catdinember per year - will be reimbursed to you.
Limitations
Purchases must be made in the United States and charged
in full on your Card. A refund will not be paid if, on the date we
receive your Return Protection Request, or on the date of
would-be payment any amount on your Card Account is past
due for one or more br1Bog cycle(s) or your Card is canceled.
Refunds am limited to $300 per designated item, and $1,000
annually per Catdmember Accwnt. The item must be in 'like
new' condition (not visibly used or worn) and in working
order to be eligible. An item is eligible if it may not be returned
by the Cardmember to the merchant from which it was
originally purchased Any item purchased from a merchant
that has an established return/ satisfaction guarantee program
which is greater than or equal to the terms of Retum
Protection, and provides coverage for claim, will not be eligible
for a Return Protection Refund Product rebates, discounts or
money received from lowest price comparison programs will
be deducted from the original cost ofthe item. The maximum
you win be compensated will not exceed the manufacturers
suggested retail price.
Items not eligible for a refund are.. animals and living
plants; oneof-a-kind items (including antiques, artwork, and
furs); limited edition iterns: going-out-of business sale items;
consumable or perishable items with limited life spans (such as
perfume, light bulbs, not-rechargeable batteries); jewelry
(including, but not limited to, loose gems, precious stones,
metals, and pearls); watches; services and additional costs
(such as installation charges, warranties, shipping, or
memberships); rare and precious ins; used, altered, rebuilt
and refurbished items; custom-built items. cellular phones;
pagers; compact discs; digital video discs; mini discs;
audiotapes; videotapes; computer software; firmware (such as
console games, Nintendo, etc.); maps; books of any kind;
health cue items (such as blood p meam machines and
diabetes equipment); formal wear, tickets of any kind;
motorized vehicles (such as cars, trucks, motorcycles, boats, or
airplanes) and their parts; land and buildings, firearms;
ammunition; negotiable instruments (such as promissory
notes,
899869
Dexcripti- of Coverage
How the Buyer's Assurance Plan Works
When a C rdmember charges the entire cost of a covered
product with his or her Card Account' the Buyers Assurance
Plan will extend the terms of the original manuftctum's
warranty for a period of time equal to the duration of the
original manufacturer's warranty, up to one additional year, on
warranties offrve years or less that are eligible in the U.S.
How You Benefit
• The Buyer's Assurance Plan mirrors manufacturers'
warranties for covered products purchased entirely with
your Card Account up to one additional year.
. When your covered product's manufacturer's warranty
expires, the Buyer's Assurance Plan takes effect The
Buyer's Assurance Plan cannot pay more than the actual
amount charged to your Card for the item or $10,000;
whichever is less (not to 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 ("Occurrence) - at no extra cost.
• For items charged entirely with the Card, the program
administrator will decide whether to have the item
repaired or replaced, or to reimburse you (cash or
credit'), not to exceed the original purchase price. The
Buyers Assurance Plan does not reimburse for shipping
and handling expenses or installation, assembly,
professional advice, maintenance or other service
charges'
• Where the personal property consists of articles in a pair
or set, this Policy shall be liable for one item in the pair
or set which form the basis of claim hereunder.
• No product registration or enrollment is required for any
covered products, including gifts purchased for others.
Who is Covered
You are covered under this Plan and coverage remains
effective as long as you are a U.S. Resident Cardmember, that
is, the American Express Card has been issued to you in your
name, and you maintain your Permanent Residence within the
50 United States of America, the District of Columbia, Puerto
Rico or the US. Virgin Islands!
Your Permanent Residence is considered your primary
dwellingplace.
Key Terms to Know
• Benefits will not be paid if, on the date of Occurrence, on
the date ofclaim filing, or on the date of would-be claim
payment, any amount due on your Card Account is
unpaid for time or more billing cycle(s) or your Card
Account is canceled.'
• You must provide proof of purchase and satisfactory
proof of the covered Occurrence while coverage is in
effect to qualify for benefits under the Buyers Assurance
Plan. Remember to keep all your American Express
charge receipts, original store receipts, original
manufacturers' warranties, and products requiring
repair.
• If you purchase an additional service contract or
extended warranty with a product which is otherwise
eligible under the Buyers Assurance Plan, and the
combined coverage provided by both the original
manufacturers warranty and the purcw ed service
contract does not exceed five years, then the product is
eligible for coverage under the Buyers Assurance Plan
The Buyers Assurance Plan will extend the warranty
time period and mirror coverage of the original
manufacturers warranty up to one additional year after
both the original manuficnuees warranty and the
purchased service contract have expired. If however, you
purchase an American Express- Service Plan with a
purchase from American Express Merchandise Services,
the Buyers Assurance Plan will apply before the service
plan is in effect If the combined coverage of the original
manufacturers warranty and the purchased service
contract exceeds five years then the product purchased is
not eligible under the Buyers Assurance Plan and no
coverage applies.
stamps and ttavek? checks): cash and its equivalent
and items permanently affixed to borne, office, vehicles, etc,
(such as garage door openers, sir alarms).
If you have any questions regarding a Return Protection
Request or the Return Protection program, please call our
Customer Service Department at 1-800-297-8019.
• Ifyou buy an additional service
warranty for a computer, compu
that already comes with an origi
warranty, unless such coverage i
administered by, the original an
under the Buyer's Assurance Pla
Products Not Covered
• products not having manuiactw
the US.;
• at the time ofpurchase, used, rel
remanufactured items;
• products covered by an umcondf
g
• motorized vehicles (such as sus
boos, airplanes) and their parts
combustible wear and tear, or in
(including batteries, carburetors
brakes, tin, or mufflers);
• motorized devices and their pats
landscaping, demolition or ems
• motorized devices and their pan
additions or fixtures to a resider
building;
• business fixtures, including, but
conditioners, refrigerators, heat
• land or buildings;
• connrmable or perishable items;
• animals or living plants;
one-of-a-kind products which a
• items purchased for resale, profr
use,
• items still under installment bill
purchased from American EVn
Services); and
products with manufacturers' w
manufacturers' warranties and a
lasting in excess offive years.
Occurrences Not Covered
any physical damage, including 4
of tuttural disaster or a power sun
the manufacture's warranty cov
• Occurrences caused by any ofth
abuse, war orhostilltiea ofany k
rebellion, insurmtionk confisci
government public authority, or
ofcontmband illegal activity or
-Umination;
mechanical failure coveted unde
• all Occurrences that take place o
Assurance Plan coverage effectiv
How to File a Claim
Remember. you need to report any
immediately, including that for gifts pt
Remember also, you need to retain ym
mar ifscturus warranty and the prod[
the claim process a complete. You may
a repair estimate.
1. Calltoll-free1-800-225-3750 tc
(overseas, call collect at 1-303-273-649
Note: You must report your claim a
date of Occsirmi .
2. The program administrator wil
the item repaired or replaced, or to reh
creditl, up to the amount charged to d
exceed the original purchase price. ThLe?
does not reimburse for shipping and Im
installation, assembly, or other swore
Note ft payment will be made for
not substadiated in the manner require
3. You must return all requested d
days from the date of Occurrence to ra
coverage.
4. For some claims, you may be re
damaged product, at your expense, for
your claim.
Note: Ifrequested, you must send in
within 30 days from the date of request
coverage.
Additional Information for You
ontract or an extended
er component or part
al US. manufacturer's
provided from, and
nrtacturer, coverage
does not apply.
xs warranties valid in
ailt, refurbished or
Tonal satisfaction
tracks, motorcycles,
subject to high risk,
e!W stipulations
pipes, hoses, pistons,
used for agriculture,
ruction;
which ate permanent
ial or commercial
tot limited to, air
s;
mot be replaced;
sional, or commercial
hg (except those
is Merchandise
panties, or combined
rvice plan agreements,
image as a direct result
M except to the extent
is damage
following: fraud;
A (sig., invasion,
ion by order of any
:ustoms of l". risks
cts; radioactive
a product recall;
aside the Buyers
'Period-
)ccurrence
-chased with the Card.
'receipts, the original
:t requiring repair until
also be asked to obtain
notify us ofyour claim
1)
thin 30 days from the
decide whether to have
burse you (ash or
Card, and not to
sting expenses or
ranges.'
valid claims or claims
by die insurer..
.umentation within 60
sin eligible for
Tired to send in the
other evaluation of
remain effgibk for
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 7
The benefits provided under the Buyer's Assurance Plan
apply only to you and additional Catdmentbers on your
Account Only you and those persons have any legal or
equitable right, remedy, or claim to mairance proceeds and/or
damages under or arising from the Buyer's Assurance Plan.
Subject to the terms and conditions of the Plan, if the
Cardmember is notified that any warranty has ended for any
reason (such as bankruptcy of the manuisctunr or other
responsible party), the Buyer's Assurance Plan will continue to
provide coverage, not to exceed one year from the date the
Cardmember is notified of such an event The Cardmember
may be asked to provide proof in the form of a public
announcement or other official documentation.
The Buyers Assurance Plan is underwritten by AMEX
Assurance Company ('Insurer'), Administrative Office, Green
Bay, Wisconsin. This document serves only as a description of
coverage and is not a policy or contract of insurance; the actual
terms. conditions and exclusions of Policy AX0953 (`PoW)
govern the Buyers Assurance Plan. The Policy has been issued
to American Express Travel Related Services Company, Inc
(-American Express'), the Policyholder. This document
replaces all existing prior Descriptions of Coverage for the
Buyers Assurance Plan.
Kenneth J. Ciak, President Timothy Meehan, Secretary
AMEX Assurance Company AMEX Assurance Company
6717-11-01
1. For those eligible and enrolled in the Membership Rewards
program, the entire cast of a covered product may also be
purchased through redemption of a Membership Rewards
program redemption certificate.
2. Credit reimbursement does not apply to New York State
residents.
3. For those aligibk and enrolled in the Membership Rewards
program, payment or credit will not exceed the original anVied
value of the personal property raaived through redemption of a
Membership Rewmdsprogram redemption arttfcak up to the
stated limits. exdudingshippmgand handlingespenses.
4. Important note for thaw emvW in theMembenhip
Rewards program: AMentbership Rewards program redemption
certificate can only be redeemed by eligible Cardnembers.
Benefits will not bepaid when a Membership Rewards program
redemption certificate has been transferred to non-ehgibk
Cardmembersand/or non-Cardmembers.
5. Does riot apply to New York State residents.
Description of Coverage
Underwritten by AMU Assurance Company,
Adminiatradve Office, 480 Pilgrim Way, Gen Bay;
Wisconsin
Purchase Protection provides coverage for Your purchases
for ninety (90) days from the date of purchase when You
charge any portion of the price of the purchased item to Your
Account You will be reimbursed only for the amount charged
to Your Account (See Description of Benefits section.)
Definitions
Certain words used in this Description of Coverage are
capitalized throughout and have special meanings. Wherever
used herein, the singular shall include the plural, the plural
shall include the singular, as the context requires.
Account means Your American Express Card Account
Cardmember menus a person who has been issued a
United Stan of America based proprietary American Express
Card, which is Current and in Good Standing, and who has a
Permanent Residence in the 50 United States of America, the
District of Columbia, Puerto Rico or the U.S. Virgin Wands.
Covered Incident means the theft of, or damage, whether
by accident or vandalism, to anyone item ofproperty
purchased worldwide as a gift or for personal or business use
and charged to Your Account
Company means AMEX Assurance Company, and its duly
authorized agents.
Current and in Good Standing means a Cardmember
Account for which the monthly mimimum requirement has
been paid prior to the date in which the claim is payable.
Master policyholder means American Express Travel
Related Services Company, Inc.
Permanent Reddence means the one primary dwelling
place where the Cardmember resides and to which they intend
to return.
Plan means the Policy and the benefits described therein.
P4tiaum Cardmember means a Cardmember who has a
Platinum Charge Card (required to be paid in full monthly), a
Corporate Platinum Card, or a Fidelity American Express
Platinum Card. Any other Card which may reference the
Platinum name or has Platinum colored plastic will not receive
higher coverage limits or benefits.
Policy means the Group Insurance Master Policy (AX0951
issued to American Express Travel Related Services Company,
hic.).
We, Us, Our means the Company.
You, Your means the Cardmember.
Description of Benefits
We will pay You the expense charged to Your Account up to
51,000 for any one Covered Incident and up to $50,000 for all
Covered Incidents during a calendar year Purchase Protection
provides benefits, for ninety (90) days from the date of
purchase, if a Covered Incident occurs with respect to property
You purchased and charged to Your Account Our benefit
payment will not include shipping and handling expenses or
installation, assembly, professional advice , maintenance or
other service charges or any product rebates, discounts or
money received from lowest price comparison programs that
reduced the original cost of the property.
Our payment of any eligible benefit amount is further
contingent upon Your Account being Current and in Good
Standing.
Only a Cardmember has a legal and equitable right to any
insurance benefit that may be available under this Plan.
Exclusions
Benefits are not payable if the loss for which coverage is
sought was directly or indirectly, wholly or partially,
contributed to or caused by;
1. war or any act of war, whether declared or undeclared;
2. any activity directly related to and occurring while in
the service of any armed military force of any nation state
recognized by the United Nations;
3. participation in a riot, civil disturbance, protest or
insurrection;
4, violation of a criminal law, offense or infraction;
5. natural disasters, including, but not limited to,
hurricanes, floods, tornados, earthquakes or any other event in
the course of nature, that occurs at the same time or in separate
instances;
6. fraud or abuse or illegal activity of any kind by the
Cardmember;
7. confiscation by arty governmental authority, public
authority, or customs official;
8. negligent failure of a duty to care by any third party in
whose possession the property purchased by a Cardmember
has been temporarily placed;
9. not being reasonably safeguarded by You;
10, theft from baggage not carried by hand and under Your
personal supervision or under the supervision of a traveling
companion known by You;
11. damage through alteration (including, but not limited
to, cutting, sawing and shaping);
12. normal wear and tear, inherent product defect or
manufacturers defects or normal course of play;
13. damage or theft while under the care and control of a
common carrier;
14. food spoilage; or
15. leaving property at an unoccupied CDLMChon site.
For residents of Washington the first paragraph of this
section is removed and replaced with the following: We will
not pay for boa caused by any of the excluded events described
below Lou will be considered to have been caused by an
excluded event if the occurrences of that event directly and
solely results in loss, or initiates a sequence of events that result
in loss, regardless of the nature of any intermediate or foal
event in that sequence.
Purchases Not Covered
The following purchases are not covered.
1. travelers checks, tickets of arty kind, negotiable
instruments (including, but not limited to, gift certificates, gift
cards and gift cheeks), ash or its equivalent;
2. animals or living plants;
3. ran stamps or coins;
FDR 899869
4. consumable or perishable item
(including. but not limited to, perf mi
5. antique or previously owned it
6. motorized vehicles and waters
motorcycles or theft motors, equipme
7. stolen or damaged property co
pair or set. Coverage will be limited tc
of arty particular part or parts, unless I
individually and cannot be replaced it
any special value they may have had w
collection;
8. items purchased for resale, pro
use;
9. permanent household and/or 1
including, but not limited to, carpetiry
i0. business fixtures, including, b
conditioners, refrigerates, heaters; an
11. hospital, medical and dental e
Claims Provisions
If You experience a loss for which
payable under this Plan, You must pro
Claim and Proof of Loss.
To insure prompt processing of Yoi
or damage immediately following the
Incident, including for gifts purchased
Your receipts and Your damaged prop
the claim process is complete.
Notice of Claim
Notice of Claim should be provide
days of the loss. You may contact Us b
stateside 1-80D-322-1277 or, if from ov
1-303-273-6498. You may also write t
Protection, PO Box 402, Golden, CO lit
Failure to provide Notice of CWm
will not invalidate a claim or reduce ar
may be found to be chgrd)k. if it an be
provided as soon as reasonably Possib]
provide Us with Notice ofCWm, We w
Proof of Loss by providing You with in
documents, which You may have to co
You are required to cooperate with Us
documentation as requested by Us wh
necessary to process Your claim and d
payable.
For residents of Missouri, no claim
upon Your failure to provide notice wil
unless this failure operates to prejudio
Proof of Lou
Proof of loss requires You to send
We request, at Your expense, in order i
evaluated and that We may male a det
whether the claim maybe paid You it
satisfactory Proof of Lass within thirty
of North Dakota sixty (60) days) after'
with instructions and/or a claim form
Notice of Claim or Your claim may be loss documentation may be mailed to
provided above for mailing Your Notic
the right to request all the information
determine that Your claim is payable, i
that We have received complete Proof
information We have requested is rece
Proof of loss may require docmne
not necessarily limited to, the followin,
1. a Purchase Protection Claim Fc
2. the original itemized store rece
3. the insurance declaration form
of insurance or indemnity (erg., home(
insurance):
4. a photograph of and/or repair e
property; and
5. for theft and vandalism claims,
stolen or vandalized property must be
appropriate authority before You all ti
Purchase Protection.
No payment will be made on claim
the manner required by Us.
If all required documentation is no
(30) days (for residents of North Dakol
date of the Covered Incident (except fo
has not been furnished for reasons rev
with limited life spans
,light bulbs, batteries);
ms;
a aircraft, and
t, parts or accessories;
silting of articles in a
no more than the value
e articles ate unusable
hvidudll, regardless of
par of a set or
essional, or commercial
hsiness fixtures,
, flooring and/or tile;
t not limited to, air
l
mpment and devices.
on believe a benefit is
ide both Notice of
r claim, report any theft
ate ofthe Covered
with the Card. Retain
Ity (if applicable) until
to Us within thirty (30)
calling toll-free
isms, by ailing collect
Us at Purchase
hin thirty (30) days
knefit payment that
own that it was
At the time You
assist You with Your
actions and/or
Bete and return to Us.
i provide
is required and
rmine ifbenefns are
be denied based
arch specified time,
right of Us.
Is all the information
at Your claim may be
urination as to
art provide Us with
30) days (for residents
re have provided You
h response to Your
fried. Your Proof of
k at the same address
of Claim. We reserve
id We will not consider
f Loss untilthe
red.
ttion consisting of, but
m;
for Your other sources
owners or renter's
dmate for the damaged
h report regarding the
ded with the
file a claim under
not substantiated in
received within thirty
i sixty (60) days) of the
documentation which
ind Your control),
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 8
coverage maybe denied. It is Your responsibility to provide all
required documentation We request
You maybe required to send in the damaged property at
Your expense for further evaluation of Your claim. If
requested, You must send in the damaged property within
thirty (30) days (f)r residents of North Dakota sixty (60) days)
from the date of Our request to remain eligible for coverage.
Payment of (7aim
A claim for benefits provided by this Plan will be paid upon
Our receipt and review of Your complete Proof of Loss
documentation and Our determination that a claim is payable
according to the terms ofthe Plan
Any payment trade by Us in good faith pursuant to this or
any other provision of this Plan will fully discharge Us to the
extent of such payment
If other insurance is available to You which provides the
same or simila r coverage as that provided by this Plan, this
Plan becomes excess and We will pay only that portion ofthe
Covered Incident benefit which is not reimbursed by other
insurance up to Our limits, as provided under the Description
of Benefits section
General Provisions
Change of Permanent Residence
If the change is to a different state, Your Policy provisions
may be adjusted to conform to the requirements of that state.
Clated Error
A clerical error made by the Company will not invalidate
insurance otherwise validly in force nor continue insurance not
validly in fora.
Conformity with State and Federal Law
If a Plan provision does not conform to applicable
provisions of State or Federal law, the Plan is hereby amended
to comply with such law.
Entire Contract; Representation; Change
This Description of Coverage, the Policy and any
applications, endorsements or riders make up the entire
contract Airy statement You make is a representation and not
a warranty. This Description of Coverage maybe changed at
any time by written agreement between the Master
Policyholder and the Company. Only the President, Vito-
President or Sea" of AMEX Assurance Company may
change or waive the provisions of the Description of Coverage.
No agent or other person may change the Description of
Coverage orwaive any of its terms. This Description of
Coverage may be changed at any time by providing notice to
You. A copy of the Policy will be maintained and kept by the
Master Policyholder and may be examined at any time.
Excess Coverage
If any loss under this Policy is insured tender any other
valid and collectible policy, then this Policy shall cover such
loss, subject to its exclusions, conditions, provisions and other
terms herein, only to the extent that the amount of such loss is
in excess of the amount of such other insurance which is
payable or paid
Fraud
If any request for benefits made under the Plan is
determined to be fraudulent, or if any fraudulent means or
devices am used by You or by anyone acting on Your behalf to
obtain benefits, all benefits will be forfeited
We do not provide coverage to a Cardmember who,
whether before or after a loss, has: 1. concealed or
misrepresented any fact upon which we relit if the
concealment or misrepresentation is material and is made with
the intent to deceive; or 2 concealed or misrepresented any
fact if the fact misrepresented contributes to the loss.
Legal Actions
No legal action maybe brought to recover against this Plan
until sixty (60) days after Proof of Lou has been received by
Us. No such action maybe brought after three (3) years (for
residents of Arkansas five (5) years and residents of Missouri
ten (10) years) from the time written Proof of Loss is required
to be given
If a time limit of this Plan is less than allowed by the laws of
the state where You live, the limit is extended to meet the
minimum time allowed by such law.
Right of Rerovery
If We make a payment to You under this Plan and You
recover an amount from another, equal to or less than Our
payment, You shall hold in trust for Us the proceeds of the
recovery and reimburse Us to the extent of Our payment. If
Our payments exceed the maximum amount payable under the
benefits ofthis Plan, We have the right to recover from You any
amount exceeding the maximum amount payable.
Subrogation
In the event ofaty payment under this Policy, We shall be
subrogated to the extent of such payment to all Your rights of
recovery. You shall execute all papers required and shall do
everything necessary to secure and preset" such rights,
including the execution of such documents necessary to enable
Us to dkctivdybring suit or otherwise pursue subrogation
tights in Your name. You shall do nothing to prejudice such
subrogation rights.
We shall be entitled to a recovery as stated in these
provisions only after You have been fully compensated for
damages by another party
.
For residents of Louiskna, the Right of Recovery,
Subrogation and Fscess Coverage sections are revised to
rdlect: If the Company makes any payment under this Policy
and the Cardmember has the right to recover damages from
another, the Company shall be subrogated to that right
However, the Company's right to recover is subordinate to the
Cardmembeu's right to be fully compensated
Termination or Cancellation
Coverage will cease on the earliest of the following. L the
date You no longer maintain a Permanent Residence in the SO
United States of America, the District of Columbia, Puerto Rico
or the U.S. Vhgin Islands; 2 the date We determine that You or
someone on Your behalf intentionally misrepresented or fraud
occurred; 3. the date the Polity is cancelled; 4. the date You
are no longer a Cardmember, 5. the date Your Account ceases
to remain Current and in Good Standing; or 6, the date the
Plan is not available in the location where You maintain a
Permanent Residence.
Termination or Cancellation of coverage will not prejudice
any claim originating prior to termination or cancellation
subject to all other terms of the Policy.
The Company has the tight to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to You at Your last known address. The notice will
include the reason for cancellation
Important Additional Information For You
For those eligible and enrolled in the Membership
Rewards' program, benefits are also paid when the purchased
property is received through the redemption of a Membership
Rewards redemption certificate. Payment or credit will not
exceed the original assigned value of the property received
through redemption of a Membership Rewards redemption
certificate up to the stated limits, excluding shipping and
handling expcwc& Benefits will not be paid when a
Membership Rewards redemption certificate has been
transferred to a non-eligible Cardmember or non-
Grdmembers.
This Description of Coverage replaces any other
Description of Coverage that You may have previously received
for Purchase Protection.
This Description of Coverage Is an important
docameaL Please read it and keep it in a ask place.
IN WITNESS WHEREOF, We have caused this Description
of Coverage to be signed by Our offices:
'9. ? ?02??
Kenneth J. Ciak, President Thomas R. Moore, Secretary
AMEX Assurance Company AMEX Assurance Company
PP-DOC-CCSG102107 '
Applicable for Residents of the State of Kentucky
In the Termination or Cancellation section the following
is removed:
The Company has the right to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
And replaced with the following:
The Company has the right to cancel the Policy at any time
by sending a written notice at least seventy-five (75) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
PP/EW-RDRl-KY 05/07
FDR 899869
Applicable for Residents of the State f Oregon
In the Ezdudona section the Ulu ving are removed: 4.
violation of a criminal law, offense or' ifixtim- 6. fraud or
abuse or illegal activity of arty kind by he Cardmember;
The Proofof en section is removed in its entirety
and replaced with the following:
ProofefLoss
Proof of Loss requires You to send all the information
We request, at Your expense, in order t hat Your dm may be
evaluated and that We may make a as to
whether the claim maybe paid You it ust provide Us with
satisfactory Proof of Loss within nuiet , (90) days after We have
provided You with instructions and/or a dam form in
response to Your Notice of Claim or Y at claim maybe denied.
Your Proofefl oss documentation ma be mailed to Us at the
same address provided above for Your Notice of Claim.
We reserve the right to request allthe" lionWe deem
necessary to determine that Your ' is payable, and We will
not consider that We have rewired kte Proofof Lou
until the information We have req is received.
Proof of Las may require ration consisting of, but
not necessarily limited to, the 1. Purchase
Protection Claim Form; 2 the origma itemized store receipt;
3. the insurance declaration forms for our other sources of
insurance or indemnity (e g., homeow er s or renter's
insurance); 4. a photograph of and/or vpair estimate for the
damaged property; and S. or theft an vandalism claims, a
report regarding the stolen or vandalit !d property mat be
filed with the appropriate authority You call to file a
claim under Purchase Protection.
No payment win be made on claim i not substantiated in
the manner required by Us.
If all required documentation is o received within ninety
(90) days ofthe date ofthe Covered ent (except for
documentation which has not been fin nished for reasons
beyond Your control), coverage may denied It is Your
responsibility to provide all required d tation We
request.
You maybe required to send in the damaged property at
Your expense for further evaluation of our daim. If
requested, You must and in the property within
ninety (90) days from the date of Our ueat to teinain eligible
for coverage.
PP-RDRI-OR 05/07
Applicable for Residents of the State f South Dakota
The Legal Actions section is here removed in its entirety
and replaced with the following
Ind Actions
No legal action may be brought to against this Plan
until sixty (60) days after Proofof Loss has been received by
Us. No such action may be brought aft !r six (6) years from the
time Proof of Loss is required to be ' .
PP/EW-RDRI-SD 05/07
Applicable for Residents of the State f Vermont
In the Termination or Can section the following
is removed:
The Company has the right to cant the Policy at any time
by sending a written notice at least fort five (45) days in
advance to You at Your last known ad . The notice will
include the reason for cancellation.
And replaced with the following:
The Company has the right to the Policy by sending
a written notice at least forty five (45) ys in advance to You at
Your last known address. The notice w ill include the reason for
cancellation
PP/EW-RDRI-VT 05/07
Umderwritt a by AMEX Asswaaa
Adntaiatrstlve Office. De Pere Wise main
(Herein called "the Company")
Description of Coverage
Covered Persons: A person shall be Covered Person under
the Blanket Master Group Policy AX09 t8 (the'PoW) only if
1. he or she is:
a. For5100,000 coverage a a Additional
Cardmember who has say of the foll Cards or the
extended payment account offered in 'unction with any of
FDR899869.gxp:FDR815199 10/30/07 7:06 AM Page 9
the following, issued by American Express Travel Related
Services Company, Inc or its participating subsidiaries
(Express') in his or her name. American Express' Rewards
Green Card, American Express' Preferred Rewards Green
Card, Anim an Express' Rewards Gold Card Amman
Express' Preferred Rewards Gold Card. American Express'
Business Card, Amman Express' Cash Rebate Card,
American Express' Community Business, American Express.
Credit Card, American Express' Investment Management
Account Gold Card, Amrian Express' Costp Cub Rebate
Credit Card, The American Express' Costco Card (IDC):
American Express' Costco Business Card, Bank of Hawaii
Credit Card from American Express, Bank ofHawan Gold
Credit Card from Amman Express, Best Rate Card, Blue for
Business from Amman Express, Blue for Students- Blue
from American Express, Business Capital lane from OPEN
from American Express- Business Gold Card from OPEN
from American Express` Amman Express' Business
Managernent Account from OPEN from Amman Expresso',
Business Membership Rewards' Card, Amman Express.
Business Purchase Account from OPEN from American
Express-, Buyers Bonus Card, Continental OnePass Credit
Card from American Express, Corporate Card from OPEN
from American Express' including beginning with Account
number 37134, American Express' Business Cash Rebate Card
from OPEN from Amman Expresso', Corporate Costco Card
from OPEN from American Express-, Delia SkyMilee
Business Credit Card from OPEN from American Espresso',
Gold Delta SkyMiles' Business Credit Card from OPEN from
American Express". Delta SkyMiles' Credit Card, Delta
SkyMiks• Options Card, American Express Executive Business
Card from OPEN from Amman Expresso', Gold American
Express Portfolio Credit Card Gold Cud, Gold Delta SkyMiles'
Credit Card, Gold Senior Card, Gold Student Card,
Membership Rewards' Credit Card from American Express,
Membership Rewards Options- Credit Card from American
Express, National Multiple Sclerosis Credit Cad, Optima' Card
Accounts, Optima' Cash Rewards Cud, Optima' Gold Card,
Optima' Platinum Card, Optima' Platinum Cash Rebate Card,
Optima' Platinum Preferred Card, Personal Card, Personal
Choice Card, Personal Senior Card, Personal Student Card,
Platinum Cash Rebate Card, Platu mt Delta SkyMiles' Credit
Card, Platinum ShopRite Credit aid from American Express,
Starwood Preferred Guest Credit Card from American Express,
The American Express' Golf Card, The Fidelity Amman
Express' Card, The Fidelity American Express' Gold Card. The
Hilton HHonms' Platinum Credit Card from American
Express, Binghamton Savings Binh Gold Credit Card from
Amman Express, Binghamton Savings Bank Business Credit
Card from American Express, The New Yale Krick: Card from
Amenan Express, The New York Rangers Card from
American Express, The Small Business Card from American
Express; or
b. For $250,000 coverage, a Basic or Additional
Cardmernber who has a Rewards Plus Gold Card Corporate
Rewards Plus Gold Card or the extended payment account
offered in conjunction issued by American Express Travel
Related Services Compaq Inc. or its participating subsidiaries
(`American Express') in his or her name; or
c. For$500,000 coverage, a Basic orAdditional
Cardmember who has a Platinum Card', Fidelity American
Express Platinum Card', American Express' Investment
Management Account Platinum Card, American Express
Business Platinum Card' from OPEN from American
Express' . Leans Platinum Cards. Amerkan Express Platinum
Financial Services Card, LACADC Platinum Card or the
excten d payment account offered in conjunction issued by
American Express Travel Related Services Company, Inc. or its
Perticlpating subsidiaries (`American Express') in his or her
name on a Platinum Card Account; or
d. For $1,500,000 coverage, a Basic or Additional
Cardmember who has a Centurion Card, American Express'
Business Centurion Card' from OPEN from American
Expresso' or the extended payment account offered in
conjunction issued by American Express Travel Related
Services Company, Inc or its participating subsidiaries
(`American Express') in his or her name on a Centurion Card
Account; or
e. the spouse, Domestic Partner or dependent child under
age 23 of airy eligible person described in (a), (b). (c), (d)
above, and
2. his or her Permanent Residence is in the 50 United
States, District of Columbia, Puerto Rico, or U.S. Virgin
Islands.
Definitions
Accident whenever used in this Policy means an
unexpected event which causes Injury and span also include
exposure resulting from a mishap on a Common Carrier
Conveyance in which the Covered Person is traveling.
Additional Cardmember means any individual who has
received an American Express Card at the request oft Basic
Cardmember for use in connection with the Basic
Cardmeinbers American Express Card account
American Express Card shall man, unless otherwise
specified, any of the Cards or Accounts listed above under
Covered Persons.
Basic Cardmember means any individual who has asked
American Express to issue one or more American Express
Cards and who has an American Express Card account
Common Carrier Conveyance means an air, land or water
vehicle (other than a rental) licensed to carry passengers for
hire and available to the public.
A trip is a Covered Trip if.
1. it is a trip taken by the Covered Person between the
point of depart= and the final destination as shorn on the
Covered Personas ticket or verification issued by the Common
Carrier Conveyance; and
2. the Covered Persons entire fare for such trip on that
Common Carrier Conveyance has been actually charged to a
specific American Express Cad account prior to any Injury.
Domestic Partner means a person of the same or opposite
gender who meets the following requirements:
1. has shared a residence with the Basic or Additional
Cardmember for the last 12 months and plans to continue
doing so;
2. is not married to any other person and is not
committed to another Domestic Partner,
3. is at least 18 years old;
4. is not related to the Basic or Additional Cardmember by
blood closer than would bas marriage per state law; and
5. is financially interdependent with the Basic or
Additional Cardmember and documentation of mutual
financial support such as copies of j9nt home ownership or
lease, common bank accounts, credit cards or investments an
be supplied
Injury means bodily injury which
1. is caused by an Accident which occurs while the
Covered Persons insurance is in form under the Policy; and
2. results in Lou insured by the Policy; and
3. creates a loss due, directly and independently of all
other causes, to such accidental bodily injury.
Permanent Residence means the Covered Persons one
primary dwelling place, where the Covered Person
permanently resides.
Benefit Amounts
As a boot of Cardmemberft the Covered Person will
receive a benefit level of $100,1100 - $250.000 - $00,000 -
$1,500,000 depending on the type ofAmerkan Express Card
account used to charge the Common Carrier Conveyance fare for
the Covered Trip. Please refer to the Covered Persons section of
this Description of Coveroge. If you are still unsure what benefit
level of coverW apples to your American Fspr ear Card please
contact the Customer Service Center tollfra number listed on
the back of your Card also shown on your Card statement.
Table of Losses
LossofLife $100,000 $250,000
Dismemberment '
Loss ofboth hands or both feet $100,000 $2501000
Loss of one hand and one foot $100,000 $250,000
Loss of entire sight of both eyes $100,000 $250,000
Loss of entire sight of one eye
and one hand or one foot $100,000 $250,000
Loan of one hand or one foot $50,000 $125,000
Loss of entire sigh of one eye
f L
T
bl $50,000 $125,000
a
osses
e o
Loss of Life
$500,000
$1,500,000
Dismemberment
Loss of both hands or both feet $501000 $1,500,000
Loss of one hand and one foot $500,000 $1,500,000
Loss of entire sight ofboth eyes $500,000 $1,500,000
Loss of entire sight of one eye
and one hand or one foot $500,000 $1,500,000
FDR 899869
loss of one hand or one foot
Loss of entire sot ofone eye I
Lou as used above with reference
complete and permanent severance th
or ankle joint, and as used with referee
irrecoverable loss of the entire sight of
$100,000 - $250,000 - $500,000 - $1
Maximum Indemnity per Covered P
In no event will multiple American
the Company to pay for more than one
one individual Covered Person as a re!
The Compatty's obligation under the P
according to the highest amount payal
American Express Card actually used i
Carrier Conveyance fare for the Coven
Benefit Amounts.
In no event will a Loss from an Inji
fora under the Policy AX0948 obligat
benefits under Policy AX0949, the Ca
Accident Insurance policy, in addition
by the Company wader the Policy AX0
Express Cards listed under this Policy
under Policy AX0949.
Accidental Death and Dismemberm
The Company will pay the applial
determined from the Table of Lasses il
suffers a Loss from an Injury while cm
the Policy; but only if such Loss occim
the date tithe Accident which caused
be paid for the greatest Loss. In no eve
for more than one Loss sustained by ti
result of any one Accident
Description of Benefits
Common Carrier Senile. This B
Covered Person sustains Injury as a re
occurs while riding solely as a pasaen8
alighting from or being struck by a Co
Conveyance used on a Covered Trip.
Exposure and Disappearance
If the Covered Person is umavoidab
elements bemuse elan Accident on a 1
results in the disappearance, sinking o
Common Carrier Conveyance, and if a
exposure, the Covered Person suffers a
are otherwise payable under the Polic)
covered under the Polity.
If the Cowered Person disappears b
a Coveted Trip which results in the dis
wrecking of the Common Carrier Con
Covered Ptaon$ body has not been fo
after the date of such Accident it will h
there being no evidence to the contrar
Person suffered Loss of life as a result e
Policy.
Coverage Requirements
A Covered Person will be fully insc
the Policy while taking a trip on a Con
Conveyance only when the fare has be
specific American Express Card. Eligil
remain in effect as long as the defnitic
met
Premiums
The premium for this coverage is p
Express.
Exclusions
This Policy does not cover any Loa
to by (1) intentionally self-inflicted Inj
attempt thereat, while sane; (2) was or
declared or undeclared; however, any i
agent Of any government pasty, or fad
hostilities, or other warlike operations
acting secretly and not in connection x
armed forces (whether military, naval
country where the Injury occurs shall i
war; (3) Injury to which a contributor)
commission of or attempt to commit a
behalf of the Covered Person or histhe
received while serving as an operator c
conveyance; (5) Injury received while e
passenger in, boarding or alighting fro
$750,000
$750,0110
gh or above the wrist
to eye means the
h eye.
Express Cards obligate
Loss sustained by any
dt of any one Accident
diry will be determined
le under the specific
x charge the Common
I Trip as stated in the
while coverage is in
re Company to pay
say's Business Travel
any benefits payable
9. The American
not receive coverage
Benefit
Covered Person
rage is in fora under
r[thin 100 days after
e Injury. Benefits will
will the Company lay
Covered Person as the
:fit is payable if the
t of an Accident which
in, or boarding, or
r exposed to the
xvered Trip which
wreddng of the
a result of such
Loss for which benefits
such Loss will be
muse of an Accident on
xpearance, sinking or
yance, and if the
lid within 52 weeks
presumed, subject to
that the Covered
Injury covered by the
d for benefits under
on Carrier
charged to the
ty for coverage win
of a Covered Person is
American
caused or contributed
icy, suicide or any
3 committed by an
on engaged in war,
wwMed such agent is
ith any operation of
r air forces) in the
of be deemed an act of
arse was the
illegal act by or on
beneficiaries; (4) Injury
crew member of any
riving, riding as a
a a rental vehicle; or (6)
FDR899869.gxp:FDR815199 10/30/07 7:07 AM Page 10
sickness, physical or mental infirmity, pregnancy, or any
medical or surgical treatment for such conditions, unless
treatment of the condition is required as the data result of a
covered Injury.
Beneficiary
A Basic Cardmember may designate a beneficiary or
change a previously designated beneficiary for himsefterself
and hist'her spouse/Domestic Partner and dependent children
who are not also Basic or Additional Catdmembers. An
Additional Cardmember may designate a beneficiary
for himsefflherself and blather spouse/Domestic Partner and
dependent children who are not also Basic or Additional
Cadmembers or spouses/Domestic Partners or dependent
childrm of Basic Cardmembers. No persons other than those
stated above may designate or change a previously designated
beneficiary. Por such designation or change to become
effective, a written request, on a form satisfactory to the
Company, must be filed with American Express. Such
designation or change shall take effect as of the date it was
signed by the designator provided the it has been received by
American Express, but any payment of proceeds made by the
Company prior to receipt Msuch designation Mchange shall
fully discharge the Company to the extent of such payment
Claims
Notice of claim must be given to AMEX Assurance
Company, Claims Administrative Office, PO Box 19018, Green
Bay, WI 54307-9018 within 20 days after the occurrence or
commencement Many Loss covered by the Policy, or as soon
thereafter as a reasonably possible. Notice given by or on
behalf of the claimant to the Company at its Administrative
Office, or to any authorized agent Mthe Company, with
information sufficient to identify the Covered Person shall be
deemed notice to the Company.
Payment of Claims
Benefits for Loss of life Ma Covered Person will be paid to
the designated beneficiary; Benefits for all other Losses
sustained by a Covered Person will be paid to the Covered
Person, if living, otherwise to the designated beneficiary: If
more then one beneficiary is designated and the beneficiaries
respective interests are not specified, the designated
beneficiaries shall share equally. If no beneficiary has been
designated, or if the designated beneficiary does not survive
the Covered Person, the benefits will be paid to the fast
surviving class of the following: l) spouse or Domestic Partner;
2) children, equally per stirpes; and 3) the estate.
In determining such person or perms. the Company may
rely upon an affidavit by a member Many of the classes of
preference beneficiaries described above. Payment based upon
any such affidavit shall folly discharge the Company from all
obligations under the Policy unless, before such payment is
made, the Company has received at its Administrative Office
written notice Ma valid claim by some other person(s). Any
amount payable to a minor may be paid to the minors legal
guardian.
Time Limit on Actions
No action at law or in equity shall be brought to recover
under the Policy after the expirations of three years, five years
for Centurion Card, Corporate Centurion Card' from OPEN
from American ExpressO1, after the time written proof of loss is
required to be furnished.
The benefits described herein are subject to all of the terms
and conditions of the Policy. This Description of Coverage
replaces any prior Description of Coverage which may have
been furnished in connection with the Polity.
Kenneth J. Ciak, President Timothy Meehan, Secretary
6713-11-01-COM
Notice to Florida Residents Only. The benefits of the
Policy providing your coverage are governed primarily by the
laws Ma state other than Florids.
1. If after reading this Description of Coverage, you are still
unsure what benefit kwd ofcoveraga appha to yourAmmm
Express Card, Please contact the Customer Service Center toll-
free number listed on the back of your Card also shown on your
Card Adement.
Description of Coverage
Car Rental Loss and Damage Insurance provides the
Cardmember, if the Cardmember is the primary renter, (as
defined below) with insurance coverage for damage to or theft
of most Rental Autos when the Cardmember uses the Card (as
described below) to reserve and lay for an auto rental from any
Commercial Car Rental Company (`Rental Compaq') other
than those located in Australia, Ireland, Israel, Italy, Jamaica,
and New Zealand.' This coverage is always excess insurance.
Rental Auto means a four-wheeled, two-axle passenger-
type motor vehicle, designed far and sold to accommodate
private passenger transport on public roads.
Who is Eligible for Coverage
You are eligible for coverage if.
1. You are a Basic or Additional Cardmember and an
American Express. Card or Optima' Card in association with
that Card (the "Card') has been issued to you in your name,
2. You are Man account status and class that is provided
Car Rental Loss and Damage Insurance as a benefit of
Cardmembership ('Cardmember );
3. Your Card account is billed from a U.S. operating center
in U.S. dollars, and
4. You maintain your Permanent Residence within the 50
United States ofAmeria, the District of Columbia, Puerto Rico
or the U.S. Virgin Islands.
Permanent Residence means the Covered Persons one
primary dwelling place where the Covered Person permanently
resides and intends to return.
A Personal, Gold, or Rewards Plus Gold Cardmember who
is enrolled at an accredited four-year college, university or
graduate school in the United States and is receiving student
benefits provided as a benefit of Cardmembership is not
eligible for benefits under this Policy.
Commercial Car Rental Company or Car Rental
Company mans any commercial car rental agency which
rents Rental Autos.' For the purposes of this Description of
Coverage, Commercial Car Rental company means 'Rental
Comparyt"
How to Activate Coverage
Coverage for theft ofor damage to a Rental Auto is
activated when the Cardmemben'
1. presents his or her eligible Card to the Rental Company
to reserve the Rental Auto by making a reservation; or by
placing a hold or deposit at the time the Rental Auto is checked
out;
2. declines the full Collision Damage Waiver or similar
option (CDW), or pays for a partial collision damage waiver,
offered by the Rental Company;
3. is the primary renter, which is defined as the
Cardmember, who is named on the written agreement with the
Rental Company as the person renting and taking control and
possession Mthe Rental Auto ('Primary Renter'); 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 possession Mthe Rental Auto. A
Cardmember, who is physically challenged and unable to
operate the Rental Auto, may be the Primary Renter if he/she is
the Cardmember entering into the rental transaction.
When Coverage Terminates
Coverage for theft of or damage to the Rental Auto
terminates when:
1. the Rental Company resumes control of the Rental
Auto or 30 consecutive days after the Rental Auto was checked
out, whichever is earlier: or
2. the Policy is cancelled.
Length of Coverage
Car Rental Loss and Damage Insurance covers eligible
Rental Autos when rented under a written rental agreement
from a Rental Company for no more than 30 consecutive days.
Note; In no event shall covermgr be provided when the
Cardmember rents a Rental Auto beyond 30 consecutive days
from the same Rental Compar0t regardless of whether the
original agreement is extended, or a new written agrtenxnt is
entered inta or a new vehicle is rented
Additionally, no coverage will be provided when the
Primary Renter rents a Rental Auto for more than 30
consecutive days out of a 45-day period within the same
geographic market/location (75 mile radius).
FDR 899869
What is Covered
Car Rental Loss and Damage luau
Cardmember for payments fm daniq
Auto that the Cardmember is requim
of.. l) the actual cost to repair the Ran
Book value minus salvage and depre i
purchase invoice price of the Rental A
depreciation costa. The coverage also
Cardmember for ram" charges
the draw facility that are usual and c
in which the loss or disablement took
Rental Company, such as towing or at
Loan Muse mans the unavailabil
comaque it loss Mtevenue by the Res
damage or theft Unless otherwise req
Company must submit a fleet utilizati
during such time:
1. no other Rental Auto was avail
2. there was a demand for a Rent
Car Rental Loss and Damage hsu
type Mlas. For example, in the event
the Csrdmemberk Rental Auto, data
car or the injury of anyone or anythirq
Notes Vw policy does not provide
coverage such as Uninsured Mosorists,
Wonkjs Compensation taw, Disability
mandated Government Plans.
What Excess Coverage Means
Car Rental Loss and Damage Inm
insurance plan. This means that this e
reimburse the Cuilmember only for I
covered by plans, such as a partial toll
personal auto insurance, employers at
other plans apply, a Cardmember mus
reimbursement and receive a determh
stated terms Msuch other Plans, that i
provide coverage before this excess co,
Cardmembec
Vehicles Not Covered
Car Rental Loss and Damage Insur
rentals of
1. expensive cars, which means a
manufacturers suggested retail price c
new;
2. exotic cars regardless Myear of
limited to Chevrolet Corvette, Toyota
Dodge Viper and Stealth, Plymouth Pr
GT, Nissan 300 ZX, Jaguar XJS, Acura S Coupe and E320 Coupe and Convert
Series, Cadillac Allante and all Porsdu
Maserati, Aston Martin, Lotus, Bogart
Bentley, Rona Roy-;
3. trucks, pick-ups, ergo vans, ct
4. fall-sized vans, including but n
Econoline or Club Wagon, Chevy Van
Vandma and Rally, Dodge Ram Vans a
5. vehicles which have been custo
the manufacturers factory speciAatio
assistance equipment for the physicall6. vehicles used for hire or comet
7. mini-vans need for commercia
Note: Passenger Mini-Vans (not Ca
factory stating capacity of8p
including but not limited to, Dodge Car
Ford W9ndstar and Nissan Quest are u
personal or business use o*.
8. antique cars, which means are
have not been manufactured for 10 or
9. limousines;
10. full-sized sport utility vehicles,
limited to, Chevrolet/GMC Suburban,'
Expedition, Lincoln Navigator, Toyota
LX450, Range Rover or full-sized Ford
11. spotWutility vehicles when drh
Notes Compact sport/atiLty vehicle
limited to Ford Ezplow,, lap Grand 0
Pathfinder, Toyota Four Rumor, Chevy
Trooperand Rodeo are covered when of
nice reunourses a
to or theft of a Rental
to make, up to the leaser
l Auto, 2) the wholesale
tion costs, or 3) the
to minus salvage and
iutbutses the
lase charges incurred at
rtomary in the vicinity
lace) imposed by the
age and Loss of Use.
y of a Rental Auto and
d Company due to
ired by law, the Rental
n 4 indicating that
ile; and
Auto
nice covers no other
'a collision involving
to any other drivels
s not covered.
rbility or any other
mots under any
meats law or other
once is an excess
cea coverage will
astexpenses not
don damage waiver, any
n insurance or
f insurance. When these
first seek payment or
Won based on the
ry such Plans do no
:rage will reimburse the
nce does not cover
is with an original
' $SQOOD or more when
value, including but not
ipm Mazda RX-7,
,wim Mitsubishi 3000
1SX, Mercedes SL, SI.IC,
rte, BMW M3, Z3 and 8
Ferrari, Lamborghim,
Vector, Shelby Cobra,
atom vans;
e limited to Ford
r Sportvan. GMC
nd Ram Wagon;
nized or modified from
is except for drivers
challenged;
rcial purposes;
hire;
go Mini-Vans) with
ueegers orten,
van, Plymouth Voyager,
oared when rented for
that are 20 years old or
pore years;
ncludiag but not
shoe and Yukon, Ford
.and Cruiser, Lexus
3ronco;
.n'off-road'; and
including but not
yokee, Nissan
letBlaserandlsum
Ivan on paved roads.
FDR899869.gxp:FDR815199 10/30/07 7:07 AM Page 11
12. off-road vehicles, motorcycles, mopeds, recreational
vehicles, golf or motorized carts, campers, trailers and any
other vehicle which is not a Rental Auto.
Losses Not Covered
Car Rental Lou and Damage Insurance does not cove
losses caused by or contributed to by:
1. operation ofthe Rental Auto in violation of the turns
and conditions of the Rental Company agreement (including
but not limited to losses occurring when: a person not
permitted to operate the vehicle pursuant to terms of the rental
agreement was is possession or control of the vehicle; or,
driving the vehicle outside ofthe authorized rental territory);
2. leased or mini-leased vehicles;
3. costs attributed to the Commercial Car Rental
Compares normal course of doing business;
4. interttiooai damage,
5. illegal activity, such as losses where the Rental Auto was
used for, or involved in illegal activity or felony;
6. pre-existing conditions, damage or defect;
7. alcohol intoxication on the pert of the driver, as defined
in the state where the Accident occurred;
8. voluntarily taking any drug or acting under the
influence or effect of that drug (unless taken as prescribed or
administered by a Doctor);
9. war or military activity;
lo. radioactivity;
11. confiscation by authority;
12. wear and tar, including gradual deterioration;
13. damage which is due and confined to freezing,
mechanical or electrical breakdown or failure unless such
damage results from a theft covered by the Policy;
14. failure to return keys to the Rental Company when the
vehicle is stolen;
15. theft or damage to unsecured vehicles;
16. theft of or damage to tires (flats or blowouts), unless
damaged by fire, malicious mischief; vandalism, or stolen,
unless the loss is coincident with and from the same cause as
other loss covered by the Policy; and
17. off-Pad operation ofthe vehicle.
Car Rental Loss and Damage Insurance does not cover, and
benefits will not be paid for:
I. sales tax related to repair of damages, unless
reimbursement of such sales tax is requited by law;
2. damage to any vehicle other than the Rental Auto;
3. damageto any property other than the Rental Auto,
owner's property, or items not permanently attached to the
Rental Auto;
4. theinjuryofanyoneoranything;
5. expenses assumed, waived or paid for by the Rental
Company or its insure;
6. expenses covered by the Cardmember's personal auto
insurer, employer or employer's insurer, or authorized driver's
insurer;
7. value added tax or similar tax, unless reimbursement of
such tax is required by law;
8. diminishmentofvalue;
9. any Rental Auto used for hire or commercial purposes;
and
10. depreciation, unless reimbursement for depreciation is
required by law.
How to File a Claim
Notification of damage, including vandalism, theft, or an
accident must be reported to the appropriate law enforcement
agency as soot as reasonably possible This requirement
applies regardless of whether the Rental Auto is involved with
othet vehicles. Failure to notify may result in dental of benefit.
If a loss occurs, a Cardmember should promptly notify the
Car Rental Lan and Damage Claims Unit toll free at
(800) 338-1670 in the U.S. only or all (440) 914-2950 from
other locations worldwide. If the failure of a Cardmember to
promptly report a loss prejudices the rights of the Insurer, the
claim may be denied.
A representative will answer any questions a Cardmember
may have and will send the Cardmember a claim form with
instructions. Complete and sign the claim form. Written proof
of loss, which includes the claim form and all other requested
documentation (listed below), must be received within 60 days
following the date of the damage or theft by: American Express
Car Rental Lou and Damage Claims Unit, PO Box, 94729,
Cleveland, Ohio 44101-4729. Ifthe proof of loss and other
documentation is not received within 60 days ofthe date of
loss, coverage may be denied
Required documentation may consist of, but is not limited
to:
1. our signed and completed claim form;
2. an itemized repair bill;
3. 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;
4. a police report (if applicable);
5. photos of the damaged vehicle, if available,,
6. a copy of the Cardmembes, authorized driver's or
employer's auto insurance coverage, or a notarized letter
stating no insurance;
7. a copy of all claim documents and correspondence,
provided by the Car Rectal Company;
8. a copy of the Rental Company's utilization log;
9. a copy of the drivels license of the Cardmember and/or
authorized driver, unless the driver's license number shows on
the rental agreement;
10. a copy of the written rental agreement, front and back,
which documents when the Rental Auto was checked out and
checked in; and
11. information pertaining to other available insurance
coverage(s).
Cardmi mber cooperation with issues related to their
benefits is required. If all required documentation is not
received within 180 days of the date of loss (except for
documentation which has not been furnished for reasons
beyond the Cardmembees control), coverage may be denied.
How Benefits are Paid
All Car Rental Loss and Damage Insurance payments
reimbursable under the policy are payable to the Cardmember;
except that payment maybe made, at the discretion of the
Insurer, jointly to the Cardmember and the Commercial Car
Rental Company when the Car Rental Company has not been
reimbursed for the covered loss or damage, or the
Cardmember has not validly assigned his/her payments to the
Rental Company or any other party.
Note: Benefits will not be paid if, on the date of loss on the
date of claim filing, or on the date of potential claim payment,
any amount due on Your Card account ispast due or Your Card
is amcdkd.'
Rights of Recovery
In the event of a payment under this Policy, the Insurer is
entitled to all the rights of recovery that the Cardmember, to
whom payment was made, has against another. That
Cardmember must sign and deliver to the Insurer any legal
papers relating to that recovery, do whatever else is necessary
to help the Insurer exercise thou rights and do nothing after
loss to harm the Insurer's rights.
When a Cardmember or Commercial Car Rental Company
has been paid damages under Policy No. AX0925, and also
recovers from another, the amount recovered from the other
shall be held by that Cardmember or Commercial Car Rental
Company in trust for the Insurer and reimbursed to the extent
of the Insurer's payment
As a condition precedent to coverage, the Cardmember is
required, and has a duty to fully cooperate with the Insurer in
any fmastigations, subrogation matters or legal proceedings by
providing copies of any and all legal notices and any and all
statements, including sworn statements and contributing any
other papers and documents to reasonably assist in the
disposition of the legal matter.
Notification of Legal Action "
When a Catdmember is served with suit and/or summons
papers relating to a Car Rental Lou and Damage claim, the
Cardmember must notify (see address and phone number
under Claims Notice section) and provide copies of the suit or
summons papers to the Car Rental Loss and Damage claims
unit within 15 days of when the Cardmember is served. Failure
to comply may result in denial of benefits.
Additional Information for You
This coverage is underwritten by AMEX Assurance
Company (`Insurer) through insurance Policy AX0925 (the
"Polio) issued to American Express Travel Related Services
Company. Inc. and its participating subsidiaries, affiliates and
licensees. The Policy may be changed or terminated.
This Description of Coverage is an important document.
Please keep it in a safe place. Although it describes the present
FDR 899869
form of insurance as it exists at the tin
document is not the Policy or contract
benefits described in this document ai
terms, conditions and exclusions of th
underwriter. This document replaces
Coverage under the Policy which may
the Cardmember.
Kenneth J. Ciak, President Paul
AMEX Assurance Company AME
CRLDI-DOC-CCSG 11/05
1. For thoueligibleand enrolled in M
Membership Rewards redtnrp - cerh
provided only to Rental Autos rented in
2. When used in conjunction with a h
reden plan eertifieak, the participatin,
are limited to Hertz, National and Bud
3. If eligible and enrolled in Members)
also aditted who fhe Cardmember (.
Rewards redemption certificate and (2)
Rewards redemption cert)ficate at apa
Car Rental Company: Important nok fi
Membership Rewmdr A Membernhup i
certificate can only be radaened by elig
Benefits will not be paid when a Memb
redemption certificate has been nmtsjei
Cardmembers and/or non-Cardmembe
4. Does not apply to New York State re
Additional Information for Resident
The Rights of Recovery section is
following:
If the Company makes any paymet
the Cardmember has the right to seem
another, the Company shall be subtop
However, the Company's right to recov
Cardmembers right to be fully comps
CRLDI-RDRI-LA 11/05
Additional Information for Resident
Under Lases Not Covered, item i
with the following:
Car Rental Loss and Damage Main
losses caused by or contributed to by:
5. violation ofcriminal law, or coi
act, whether cited or charged;
Under Loney Not Covered, item r
with the following:
Car Rental Loss and Damage Insur
losses caused by or contributed to by:
7. consumption of alcoholat or in
alcohol level for a felony conviction in
which the Accident occurred;
CRLDI-RDRl-SD 11/05
Additional Information for Residem
Under Loners Not Covered, the fol
removed:
7. alcohol intoxication on the pan
in the state where the Accident occum
CRLDI-RDRl-VT 11105
Additional Information for Resident
Under Losses Not Covered, the fol
removed.
5, illegal activity, such as losses w:
used for, or involved in illegal activity a
7. Alcohol intoxication on the pan
in the state where the Accident occurn
8. voluntarily taking any drug or;
influence or effect of that drug (unless
administered by a Doctor);
Under Lena Not Covered, the fol
1.8. The use of the Renal Auto for i
transportation of liquor in violation of
is under the influence of an intoxicant
substance or controlled substance anal
thereof, or under the influence of any t
which renders him or her incapable of
the combined influence of an imoxicai
a degree which renders him or her ins
or airy use ofthe motor vehicle in a rec
of printing, this
f insurance. The
subject to all ofthe
Policy issued by the
y Prior Description of
rvebeen furnished to
Johnston, Secretary
Assurance Company
rrberrkip Rewards, if a
care is used coverage is
fee United States.
mbarship Rewards
CarRental Companies
It.
PRewards, coverage is
presents a Membership
u es a Membership
ietpatfng Commercial
those enrolled in
wards redemption
de Cartimenbers.
skip Rewards
,rd to non-eligible
idents.
of Louisiana
eplaced with the
under this Policy and
r damages from
ed to that right
r is subordinate to the
sated.
of South Dakota
imber 5. is replaced
nce does not cover
mission of a criminal
tuber 7. is replaced
nce does not cover
excess of the legal blood
he state or locality in
of Vermont
owing item is hereby
of the driver, as defined
of Wisconsin
owing items are hereby
ere the Rental Auto was
felony;
of the drive. as defined
l;
:ling under the
aken as prescribed or
ng item is added:
vful purposes, or for
or while the driver
controlled
r a combination
drug to a degree
ly driving, or under
d any other drug to
le of safely driving,
s manner.
FDR899869.gxp:FDR815199 10/30/07 7:07 AM Page 12
CRLDI-RDRI-WI 11/05
Additional Information for Residents of West Virginia
Under How Benefits ate Paid, the Footnote, to the note
that reads:
Note. Benefits will not bepaid if, on the date of loss, on the
date of claim filing or on the date ofpoAmtial dam paymen4
any amount due on Your Gard account is pasedue or Your Card
is cancelled, is hereby revised to read as fi flows.
Does not apply to West Virginia and New York State
residents.
CRLDI-RDRl-WV 11/05
Description of coverage
How the Baggage Insurance Plan Works
The American Express Card Baggage Insurance Plan
('Plea.') provides certain coverage against I- or damage to
checked and carry-on baggage ofyams and of Eligible Persons
(see Who is Covered) when Common Carrier tickets are
charged to your eligible American Express Card or another
eligible Account.
How You Benefit
Coverage a in effect for Eligible Persons during their travel
on a Common Carrier when the ticket for the trip (one-way or
round-trip) is charged to your eligible American Express Card
or another eligible Account. Coverage during a Covered Trip
for each Eligible Person includes:
• Upto $1, 250 for carry-on baggage and certain carry-on
personal effects while these covered items are on board
the Common Carrier, and
• Up to $500 for checked baggage, in EXCESS of checked
baggage coverage provided by Common Carriers.
Notes For New York State residents, share is a $10,000
aggregate maximum limit for all Eligible Persons per Covered
Trip.
if the Common Carrier ticket for each Eligible Person is
charged in advance of going directly to the terminal to board
the Common Carrier, the baggage ofeach Eligible Person is
also covered for;
• Up to $1,250 while the Eligible Person is going directly to
or laving directly from the terminal on a Covered Trip
while trawling as a passenger in a land Common Carrier
(such as a taxi, btu, airport limousine) or in a scheduled
helicopter operated as a Common Carrier.
• Up to Slaw while the Eligible Person is in a terminal for
the purpose ofbosrding or immediately after
disembarking from a Common Carrier on a Covered
Trip.
Important Definitions in this Description of Coverage
• American Express Card or Account mean a Basic or
Additional American Express Card, Business Travel
Account, Airline Billing Account or a Treasurers Card,
and the extended payment account ifany, offered in
conjunction with any of these, all issued by American
Express Travel Related Services Company, Inc. or its
participating subsidiaries ('American Express') and
which is eligible for coverage under this Plan.
• Common Cartier mans an air, land or water vehicle
licensed to carry passengers for hire (such as planes,
trains, ships, and buses). Common Carriets do not
include rented or private vehicles, or hotel or other
courtesy vehicles for which no fare is paid.
• Covered Tdp mean a trip for which the Common
Carrier ticket has been charged to an eligible American
Express Card account or another Account Each
Common Carrier ticket constitutes a separate Covered
Trip.
Key Terms to Know
• Benefits will not be paid if, on the date ofoavrrence of
Lou or damage or on the date of claim filing, any
amount of your American Express Card or another
eligible Account used to charge the Common Carrier
ticket(s) for the Covered Trip is (a) unpaid for two billing
periods or, (b) your American Express Card or another
eligible Account is canceled.'
• For checked baggage, this is EXCESS coverage. The Plan
only supplements a Common Carriers liability for
checked baggage up to the baggages full value (defined
as total original cost) or $500, whichever is lower, (For
example, ifyour Loss ofcheckedbaggage on a Covered
Trip is $2,000 and the Common Curier reimburses you
only $1,000, the Plan will reimburse you for up to $500.)
• Clailn for checked baggage can be processed and paid
only after the Common Carrier rr Wisble for the Loss
or damage has settled and paid for the claim against it If
the Common Carrier completely denies your ;aim, there
will be no reimbursement for Loa or damage under this
Plan rates the sole reason for denial is the specific
exclusion of a particular item(s) (eg., camera) under the
Common Carrier's contract of carriage.
• For carry-on baggage (baggage tat checked with a
Common Carrier), dams will be payable on the basis of
the actual cash value (actual cash value a defined as the
replacement cost at the time of Loss or damage, less
depreciation). AMEX Assurance Company msy, at its
option, elect to repair or replace the covered baggage
with property of like kind and quality, subject to
settlement based on actual cash value.
Items with Special Limitations
Coverage for high-risk items is limited to a combined
maximum of $250 for each Eligible Person for each Covered
Trip. These high-risk item include, but are not limited to,
jewelry, sporting equipment, photographic or electronic
equipment computers and audio/visual equipment
More of What is Not Covered
Business contents or effects; umbrellas; hats: mats; cash or
its equivalent; credit cards; securities; tickets and documents;
contact lenses; artificial teeth and limbs; plants and animals;
household effects (items used or displayed in a household, not
of a personal nature. such as silverware, art objects, bedding
and linens); automobiles; motorcycles; boats or other
conveyances. However. bicycles cheered as baggage and coats
paclted in checked or carry-on baggage are covered according
to the checked and carryon baggage coverages described
above.
There is no coverage for Loss or damage: caused by war,
civil war or radioactive contamination; contributed to or
caused by voluntary consent; or contributed to or caused by
confiscation or requisition by Customs or other governmental
authority.
Who is Covered
You are considered to be an Eligible Person under this
plan if
1. You are: (a) an American Express Cardmember who
has an American Express Card or Account issued by American
Express in your name; or (b) an employee (a other authorized
person) of an entity which has a Business Travel Account.
Airline Billing Account or Treasurers Card issued to it by
American Express and are eligible to have your Common
Carrier fare charged to that Account or (c) the spouse or
dependent child under age 23 of any Eligible Person described
in (a) or (b) abum and
2. You an a resident ofthe United States of America or
one of its territories or possessions and the American Express
Card account or other Account used is billed in the United
States.
How to File a Claim
i. To enure prompt processing of your clam, you need to
report any lost or damaged baggage immediately, as follows:
. For checked baggage, you must file a written report of
the Lou or damage with the Common Carrier before
leaving the terminal.
• For carry-on baggage, you must file a written report of
the Loss or damage with a local law enforcement agency.
• You must retain all written reports and receipts until the
final claim determination has been made.
2. Call toll-free 1-800645-9700 (overseas, call
1-303-273.6498) to report your claim to the claims department
and obtain a Baggage Insurance Plan Claim Form.
3. Complete and sign the Baggage Insurance Plan Claim
Form and return it with the documentation as requested in the
claim form. Please note the followingi
• Your claim will NOT be processed until all these required
documents are received.
. You must return your completed claim form and
required documents promptly, but not later than six
months from the date of occurrence of Loss or damage,
or your claim will be denied.
FDR 899869
Additional Information for You
The American Express Card Bagg;
underwritten by AMEX Assurance Cc
Administrative Office, De Pere, Wisco
saves only as a Description of Covers
contract ofinsurance; the actual Tem
Ercludow ofPdicy AX0400 ("Polio
Insurance Plan. The Policy has been u
Express Travel Related Services Comp
Assurance Company and is on file at t
Express. This document replams all e
of Coverage fo the American Express
Plan.
Kenneth J. Ciak. President Tina
AMEX Assurance Company AMI
6437-12-02 (CF)
1. Does not apply to New York Statt n
Description of Coverage
Underwritten by AMEX
Wisconsin (Herrin called the Compaq
Coverage Overview
The Event Ticket Protection Plan p
Cardmember when the expense of a Ti
the Cardmembers Account and the Tu
the Ticket due to a Covered Incident in
payable under this Plan. We will reimb
maximum coverage limit of $1,000 per
the expense of the unused Ticket churl
two Covered Incidents for each Accom
period beginning when the eligible Tic
the Cardmemberls Account. If Ticket n
Covered Incident for which benefits an
Plan, is provided to the Tkkeftkkr 0
other insurance, the coverage provided
Protection Plan becomes secondary an
portion of the Ticket expense not red
Venue, or other insurance.
Definitions
Certain words used in this Descripi
capitalized throughout and have specie
Aceomt maw Your American Ex
Cardmember means a person who
American Express Card that is current
Account is in good standing and who a
Residence in the 50 United States of Ar
Columbia
Covered Incident means an inside
Description of Benefits section of the P
Delay means any delay other than u
Accident.
Destroyed Ticket meow a Ticket t
as a direct result of a misfortune experi
Tecketholder which takes place prior tc
the Ticketholders T ktcket
Edmt mum a public gathering for
induce the Ticketholder, which is legal
50 United States of America or the list
which requires an admission fee in tole
Medical Emergency means an uni
illness to You or any member of Your b
severity as to require Medically Necess
Medically Necessary means union
treatment to You or any member of You
Physician or Dentist.
MuW- 71clart mans a Ticket ti
than once for an Event that is the same
occurs on consecutive days ova a perk
several successive weeks.
Oaarreem meaty the expense clu
Account of a Cardmember for the entiz
separately or together, of any number c
Event. including Ticket handling fees.
Permanent Residence mans the c
place where the Cardmember permane
which they intend to return.
P humans Plan is
party ('Insure?'),
in. This document
and is not a Policy or
Conditions and
govern the Baggage
cad to American
y, Inc. by AMEX
offices of American
rung prior options
nd BaaQaae Insurance
Medum, Secretary
ssuraace Company
Drive, De Pere,
Irides insurance to a
ket has been charged to
ketholda cannot use
which henefits am
tae You, up to a
3ccurrence Gold, for
d to Yam Amount for
for each 12-month
et has been charged to
rnbursement, due to a
provided under this
a Producer, Venue, or
hythe Event Ticket
I will pay only that
ursed by the Producer,
on of Coverage are
meanings.
ream Cad account
her been issued an
nd for which the
aintains a Permanent
erica or the District of
a listed under the
en.
Transportation
at cannot be redeemed
aced by the
the Event and destroys
in audience that will
takes place within the
ict of Columbia, and
amge for a T icket
seen bodily injury or
uselald, of such
ry treatment
keen urgently required
r household by a
may be used more
related and which
hf not morethan
to the same
of the purchase,
kets for the same
primary dwelling
r resides and to
FDR899869.gxp:FDR815199 10/30/07 7:07 AM Page 13
Physician or Dentist means a person licensed in the
healing arts, other than a member of the Cardmembees family,
and acting within the scope of their license for the service or
treatment provided.
Plan means the Description of Coverage for the Event
Ticket Protection Plan.
Policy means the Group Insurance Master Policy and any
attachments, endorsements, riders and applications associated
with it
Producer means the person or group of persons who
provide the financial backing and who an responsible for
conducting the Event
Season Tldtet means the purchase of admission as a
subscriber or season Ticketholder to a series of similar forms
of diversion, education or entertainment to be attended over a
period of creeks, months, or years.
Ticket means written evidence permitting admission to an
Event, including a Multi-day Ticket or Season Ticket, which
dearly indicates the name of the Event, the date on which the
Event a to take place and the Event Venue, by means ofwhich
an Occurrence an be established. Ticket does not include
transportation on a vehicle of any kind to or at an Event or
parking at an Event
Tidtatholder means either the Cardmember who has
charged the expense of their Ticket to an Account or a person
who has received a Ticket from the Cardmember either by
arrangement with such person or as a gift.
Transportation Accident means physical damage to the
vehicle transporting You to the Event which delays or ends the
Ticketholderrs travel and causes the Ticketholder to miss the
Event.
Venue means the name and location of the facility where
the Event is to take place.
We, Us, Our means AMEX Assurance Company and its
duly authorized agents.
You, Your, Yourself means the Cardmember.
Description of Benefits
Benefits an payable only to the Cardmemben to whose
Account the expense ofthe Ticket has been charged, when a
loss occurs as a result of any of the following:
1. Medial Emergency;
2. cancellation of the Event by the Producer or Venue
within providing full reimbursement of the Ticket cost, an
equal value ticket or a rain check;
3. catastrophe, regardless of cause, in the immediate
vicinity of the Event site to which the Ticketholder's access is
prevented by governmental authority:
4. Transportation Accident;
5. Destroyed Ticket;
6. theft of Ticker
7. jury duty,
8, subpoena or other unanticipated legal process;
9. death; or
lo. emergency call to duty as a member oft National
Guard unit or Active Reserve or for active duty members of the
United States Armed Forces.
Exclusions
Benefits are not payable if the loss for which coverage is
sought was directly or indirectly, wholly or partially,
contributed to or caused by the following:
1. imfkmfty, disease or sickness of the Ticketholder, other
than as defined by Medial Emergency;
2. Delay;
3. fraud or illegal activity of any kind by the Ticketholder;
4. confiscation by any governmental authority:
5. active participation in a civil public disturbance of
protest;
6. negligent failure oft duty to care by any third party in
whose possession a Ticket has been temporarily placed by the
Ticketholder; or
7. Lost Ticket
Claims
If a Ticketholder experiences a loss for which You believe a
benefit is payable under this Plan, You must provide both
Notice of Claim and Proof of Loss.
Notice of Claim
Notice of claim should be provided to Us within 30 days of
the loss. You may contact us by phone by calling toll-fro
stateside 14800-6204991 or, if from overseas, by calling collect
1-303-273.6498. You may also write to us at Event Ticket
Protection Plan, EO. Box 402, Golden, CO SW2.
FDR 899869
Failure to provide notice ofclaim within 30 days will not
invalidate a claim or reduce any benefit payment that maybe
found to be eligible, if it an be shown that it was provided as
soon as reasonably possible. At the time You provide Us with
notice of claim, We will assist You with Your proof ofloss by
providing You with instructions and with documents, which
You must complete and return to Us. You are required to
cooperate with Us and provide documentation as requested by
Us which a required and necessary to process Your claim and
determine if benefits at payable. If all required
documentation is not received within 30 days of the date of the
Covered Incident (except for documentation which has not
been famished for reasons beyond Your control), coverage
may be denied. It is Your responsibility to provide all required
documentation necessary.
Proof of Lass
Proof ofloss requires that You send Us all the information
We request, at Your expense, in order that Your claim may be
evaluated and that We may make a detem»nation as to
whether the claim may be paid.
Except in the instance of theft or Destroyed Ticket, as noted
under the Description of Benefits, We will require that You
provide Us with the Ticket which could not be used because of
a Covered Incident for which insurance is provided under this
Plan. In addition to the Ticket, We will ask that You include
with Your proof of loss any documentation We may request in
order to establish the existence oft Covered Incident eligible
for coverage under the Description of Benefits. We reserve the
right to deny the claim if the Ticket You submit as part of Your
proof of loss evidences redemption by any mark stamp. hole,
tear or other evidence of redemption.
If admission to an Event was charged to Your Account, but
in lien oft Ticket You received only confirmation of admission
by e-mail or the promise of admission to the Event upon
picking up a Ticket at the Event, and if a Covered Incident
occurred for which a claim may be payable under this Plan,
You must cooperate with tis in providing proof of loss as to the
Covered Incident, and We will attempt to complete the
necessary research to determine that the charge to Your
account was for admission to the Event as claimed by You.
You must provide satisfecttry proof ofloss as soon as
possible after We have informed You as to what You must
provide Us and in no case more than 30 days after ben so
informed, except if it an be shown that it was provided as
soon as reasonably possible.
Proof oflow documentation maybe mailed to Us at the
same address as listed above for mailing a notice of claim.
Payment of Claims
If Ticketramburnment, due to a Covered Incident for
which benefits are provided under this Plan, is provided to the
Tickaholder by a Producer, Venue, or other insurance, the
coverage provided by the Event Ticket Protection Plan
becomes secondary and will pay only that potion of the Ticket
expense not reimbursed by the Producer, Venue, or other
insurance.
If Your proof of loss demonstrates that Your claim is
payable according to this Plan, We will reimburse You the
amount charged to Your Account for the Event Ticket You
purchased, less any reimbursement You may receive, tip to the
maximum coverage limit as stated in the Coverage Overview
section
Any payment that We make in good faith will fully
discharge Us to the extent of that payment
When a Covered Incident has caused the Tkketholder to
experience a loss for the total charge to the Account and that
charge is most than the actual face value ofthe Ticket, eligible
benefits will be available on a pro rata reimbursement basis
determined by the number of separate Tickets purchased for
that Event
When a Covered Incident has caused the Twketholder to
experience a loss in conjunction with a Multi-day Ticket or
Season Ticker eligible benefits will be available on a pro rata
basis determined by days for Multi-day Tickets and by series
length for Season Tickets.
Benefits are only digble for the Ticketholder who
experienced a loss for which this Plan provides benefits. You
will be reimbursed only for those Tickets and on a pro rata
basis.
Right of Recovery
In the event of a payment under this Plan, We are entitled,
and become subrogaed, to the extent of such payment to all of
the Ticketholders rights and remedies
patty. Upon Our request, the Tcketho:
reasonable assistance, including signir
necessary, to bring snit in the Tickethc
nothing after loss to harm Our rights.'
paid under this Plan by Us and the Tic
another, the amount recovered shall Ix
reimbursed to Us to the went of our 1
payments for losses exceed the maxim
You under any benefit ofthis Plan, We
any amount exceeding the maximum s
General Provisions
Description ofComrage
Any conflict between the terms of i
Coverage and the Policy will be decide
A copy of the Policy will be mainainet
may be examined by You at any time.
Entire Contact; Changes
This Plan, the Policy, any apphatk
riders and any other attachments main
Any statement You make is a represeN
warranty. This Plan maybe changed at
notice to you. Only the President, Vice
of AMEX Assurance Company may ch
provisions ofthe Plan. No agent or oth
the Plan or waive any of its terms.
Termination or Cancellation
Coverage will cease 12:01am stand
ofthefollow*
1. the date You no longer maintau
Residence in the 50 United States o( Az
Columbia;
2. the date We determine that mis
occurred;
3. the date the Policy is cancelled;
4. thedateYouanuolongeraCa
Account ceases to remain in good stan
5. the date the Plan is not availab1
You maintain a Permanent Residence.
Termination of coverage will not pi
originating prior to termination sub*
this Plan.
Fraud
if any request for benefits made un
determined to be fraudulent or if any f
devices are used by You, any Tickethok
on Your beh#Mto obtain benefits, all bi
Legal Actions
No legal action may be brought to i
within 60 days after instal written pro
receiredby Us. No such action maybe
years from the time written proof ofla
given.
If a time limit of this Phan is less the
the state where You live, the limit is ext
minimum time allowed by such law.
Important Additional Information F
Benefits provided under the Evens'
extend to Tickets You purchase and ch
that You intend to use or. ]have purchase
as gifts. Reimbursement for any Coven
to You. Only You have a claim to incurs
Event Ticket Protection Plan.
AMEX Assurance Company may a
time by sending a written notice at leas
advance to YOU at Your last known add
The Event Ticket Protection Plan is
Assurance Company, Administrative 0
Coverage is determined by the terms, c
exclusions of Group Master Policy AXO
change with notice. This document do,
This document replaces all existing
You may have received for the Event Ti
This Detcdption of Coverage is an in
Piesse and it and keep it in a safe plc
In Witness WhereK We have au:
Coverage to be signed by Our officers:
inst any responsible
must provide us
es name and do
m You have been
molder recovers from
d in trust for Us and
rent if Our
amount payable to
r the right to recover
ant payable.
e Description of
in favor of the Policy.
and kept by Us and
is, endorsements or
up the entire contact
lion and not a
my time by providing
President or Secretary
age or waive the
r person may change
rd time on the earliest
a Permanent
ierica or the District of
eptesentation or fraud
imember and Your
ing; or
in the location where
.7udice any claim
to all other terms of
ler the Plan is
mduknt means or
er, or by anyone acting
efits will be forfeited.
== against this Plan
f of loss has been
nought after three
t is required to be
a allowed by the laws of
nded to meet the
rc You
icket Protection Plan
7 to Your Account
i on behalfof others or
i Incident applies only
ice benefits under the
cel this Plan at any
thirty (30) days in
ass.
ntderwritten by AMEX
kA De Pere, WI.
ahditfons and
x14 and is subject to
i not replace the Policy.
prior Plan documents
ket Protection Phan.
p6rtant document.
z.
:d this Description of
FDR899869.gxp:FDR815199 10/30/07 7:07 AM Page 14 Ilk
Kenneth J. Ciak Paul R. Johnston
President Secretary
AMEX Aasutame Company AMEX Assurancecompany
ETP-DOC 12/05 GOLD
important information regarding benefit changes for
Alaska residents:
AMEX ASSURANCE COMPANY Administrative Office.
3500 Packerland Drive, De Pere, WI 54115
For residents of Alaslm the Event rkket Protection Plan
Description of Coverage to which this rider is attached is
amended to include the bold italklival language as follows:
The Legal Actions section is hereby removed in its entirety
and replaced with the following which is added and made part
of the Description of Coverage.
LegalActioas
No legal action may be brought to recover aganst this
Plan within 60 days after initial written proof of ka has been
received by Us. No such action may be broughtq'br three
years from the time written proof ofba is mgnfred to be
given. If then are any claims the thin year timeJrame does
not begin to run wufl after the dabs has ban deeded
The Exclusions section is hereby removed in its entirety
and replaced with the following which is added and made part
of the Description of Coverage:
Euludons
Benefits are not payable if the loss for which coverage is
sought was directly or indirectly, wholly or partially,
contributed to or caused by the following: 1. infirmity, disease
or sickness of the Ticketholder, other than as defined by
Medial Emergeacy; 2. Delay; 3. fraud or illegal activity of any
kind by the Ticketholder, 4. confiscation by any governmental
authority; S. active participation in a civil public disturbance
or protest or 6. negligent failure ofa duty to are by any third
party in whose possession a Ticket has been temporarily
placed by the Ticketholder.
These exclusions do not apply if the dominate cause of a
loss is a risk orpern tint is not otherwise a du*d
There are no other changes to the Description of Coverage.
By:
Kenneth J. Ciak Paul R. Johnston
President Secretary
ETP-RDRl-AK 11106
Important information regarding benefit changes for
Louisiana residents:
AMEX ASSURANCE COMPANY Administrative Office:
3500 Packerland Drive, De Pere, WI 54115
For readers of Louisiana, the Event Ticket Protection Plan
Description of Coverage to which this rider is attached is
amended to include the bold italicised language as follows:
The Right of Recovery section is hereby removed and
replaced with the following which is added and made part of
the Description of Coverage:
Right of Recovery
If We make anypayments under this Plan and the
Ticketholder has the right to recover damage from another,
We shall besubmigated to that right However, Our right to
recover is subordinate to the Ttcketkofder's right to be fully
compensated.
There are no other changes to the Description of Coverage.
By.,
Kenneth J. Ciak Paul R. Johnston
President Secretary
ETP-RDRI-LA 10/06
Important information regarding benefit changes for
Missouri residents:
The Description of Coverage ETP-DOC 12/05 has changed
to EPP-DOC-GOLD 05/06.
AMEX ASSURANCE COMPANY Administrative Office.
480 Pilgrim Way, Suite 1400, Green Bay, WI 54304
For residents of Missouri, the Event Ticket Protection Plan
Description of Coverage to which this rider is attached is
amended to include the bold italicized language as follows:
Notice of Claim
Notice of claim should be provided to Us within 30 days of
the loss however, no claim will be denied based upon the
msured's failure to provide notice within such specified time,
unless this failure operates to prejudice the rights of the
insurer. You may contact us by phone by calling toil-flee
stateside 1-800-6204991 or, if from overseas, by calling collect
1-303-273-6498. You may also write to us at Event Ticket
Protection Plan, PO Box 402, Golden CO 80402.
General Provisions
Legal Actions
No legal action may be brought to recover against this Plan
within 60 days after initial written proof of has has been
received by Us. No such action maybe brought after ten years
from the time written proofofhtss is required to be given.
If a time limit of this Plan is less than allowed by the laws of
the state where You live, the limit is extended to meet the
minimum time allowed by such law.
Qneatlmts
For questions on this Policy, please contact Client Service
at 1-800-6204991.
There are no other changes to the Description of Coverage.
By:
Kenneth J. Ciak Patel R. Johnston
President Secretary
ETP-RDRI-MO 09/06
Important information regarding benefit changes for
Vermont residents:
AMEX ASSURANCE COMPANY Administrative Office:
480 Pilgrim Way, Suite 1400, Green Bay, WI 5,1304
For residents of Vermont, the Event Ticket Protection Plan
Description of Coverage to which this rider is attached is
amended to include the bold italicized language as follows:
Important Additional Information For You
AMEX Assurance Company may cancel this Plan at any
time by sending a written notice of canoeifadon accompanied
by the reason formncenation at leant forty-five (45) days in
advance to You at Your last known address.
Termination or Cancdlation
2. the date We determine that misrepresentation, non-
dfsdoswe or fraud in enrollment or claims presentation has
occurred; Under this clmantaance, We will provide 4S days
advance written notice of rantaAadon;
6. The end of the period for which required premiums arc
due but not paid. UMderthis circumstaare, We winprovide IS
days advance written notice of eananadon accompanied by
the mason for mnallatten to You at Your last known address.
There are no other changes to the Description of Coverage.
By:
Kenneth 1. Ciak Paul R. Johnston
President Secretary
ETP-RDRI-VT 09/06
Important information regarding benefit changes for
Washington residents:
AMEX ASSURANCE COMPANY Administrative Office:
3500 Padierland Drive, De Pere, WI 54115
For residents of Washington, the Event Ticket Protection
Plan Description of Coverage to which this rider is attached is
amended to include the bold italicized language as follows:
The first paragraph of the "Exclusions" section is deleted
and replaced with the following:
Exclusions
We will notpayfor loss caused by my of the excluded
events described below. Lou will be considered to have been
mused by an excluded event ifthe occurrence ofthat event
directly and solely results in less, or innate a sequence of
events the results in ion, regmdku of the nature of any
intermediate or f inaf event in that sequence.
The Description of Coverage provision of the -General
Provisions' section is deleted and replaced with the following:
FDR 899869
GeneralProvWons
Description of Coverage
Any conflict with the terns of the
will be deeded by krokbigat tie brae
Coverage provided to You. A eopyof
Master Policy will be maintained an
Policyholder and may be examined i
The second point in the Terminal
provision of the `General Pro isias"
replaced with the following:
General Provisions
Termination or Cancellation
2. tie date We determine that Yin
behalfintemNonally misrepresented ,
The last paragraph of the Thmint
provision ofthe'General Provisions
replaced with the following:
General Provisions
littmistation or Cancellation
The Company has the right to ca
bysendbga written notices least4
at Yaw last known address. Tie nod
for cmnceiteNen.
The second and third paragraphs
Additional hformation For Yon sect
replaced with the following:
AMEX Assurance Company may
time by sendinga wnW= nods at Is
advance to You at Your last known a
include the mason for caneeAation.
The Event Ticket Protection Plan
WI. The Wan may be changed or an
notkt The notice win include the ns
There are no other changes to the
Br.
Kenneth J. Ciak
President
M-RDRI-WA 09/06
rscriptbn of Coverage
of theDaaiption of
P Group Insurance
apt by the Master
my dmc.
i or Cancellation
ction is deleted and
rsomeoee on Your
frond ocearredj
in or Cancellation
ction is deleted and
f die Policy at any time
lays in advance to You
wig include the mason
the -Important
i are deleted and
it You
real this plan at any
t forty-five (45) days in
res. The notice will
underwritten by
dive Offim De Pen,
teed at any time with
m foreanodlatfon.
saiptionofCoverage.
aul R. Johnston
del
.0
American Express
EXHIBIT "B"
Rewards Plus Gold Card
Statement of Account
Prepared For Account Number Clodrp Date
DENIS M DUMM XXXX-XXXXX5-31003 04/12/10 Page 1 of 7
Now
In Ad= @M Minimum Paym
Previous BaWrw $ Paymud Activity S Fkranoe WW New ealarca $ Amount Due $ 0507
nt Due Date
0
Due in Full 70.00 0.00 38.24 108.24 108.24 Mlnimu Amount Due
Flexible 21,213.03 0.00 275.94 21,488.97 1,639.00 InCILWO ;
Total 21
283.0311 0-0-0-11 +314.18 Past d amount
,
$1,279. o
This m lo amount due
$468.24
Please r efer to page 3
for im nt information
regardin g your account
Late Payment Warning: Your Payment Due Date is 05/07/10. If you do not pay your past due amo unt, you will
have to pay an additional late fee of the greater of $35.00 or 2.99% of your past due amount.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay m :)re in
interest and it will take you longer to pay off your balance. For example:
Only the
32 years $46,965
Minimum Amount Due
I I
If you would like information about credit counseling services, call 1-866-391-5446.
See Page 7 For A Notice Of Changes To The Membership Rewards Program Terms & Condit ions
Your account is cancelled and is seriously past due. Pay the past due amount immediately.
IMPORTANT INFORMATION ABOUT THE BILLING STATEMENT. The payment coupon has char ged. To
better protect your privacy, your Card account number has been removed from the payment coupo
billing statement. Please have your Card number available when contacting American Express. To m of the
anage your
account online or to pay your bill, please visit us at americanexpress.com. For general servicing o additional
contact information, please see the reverse side of this page or call the number on the back of your
i
?I card.
Pwm fold on the perforation below, detach and return with your payment + Cont/nu on Page 3
Do not staple or use paper clips Account Number Payment Due Date: To Pay b y Computer, visit:
Payment Coupon XXXX-XXXXX5-31003 05/07110 amehca6 express.com/pbc.
Enter ac oount number on
New Balance all doe, nts.
° $ 21,597.21 Make payable to
America Express.
DENTS M DUMM Minimum Amount Due
Firu
747.24
$1
l
nr
v
,
ion
s
CSA INC/21ST FLOOR e
eme side for
12700 PK CENTRAL DR ad estxi ' n of when
DALLAS TX 75251 adds ' I Finance
Charges
$ are not assessed
on Fea
I • I res.
Amount enclosed Check h re if address or
phone n mbar has
Mail Payment to: changed Note changes on
II??I'?II??'?I?Ilr?l?l'I"Illlllllllllr?ll?l'lll'?Ilrlll'1'll'I?' ?rse 'de.
AMERICAN EXPRESS
P.O. BOX 650448
DALLAS TX 75265-0448
0000349991475874616 002159721000174724 09 H
Prep ued For
DENIS M DUMM
Payments: Payments received after 5:00 p.m. may not
payment address shown on our statement and must inctu
be made with a single check or draft drawn on a US be
payable in US dollars and clearable through the US bankir
US dollars and clearable through the US banking systen
payment does not oonform to these requirements, crediting
accept payment made in a foreign currency, we will cho
payment into US dollars unless a particular rate is requin
tied upon receipt. bur aoceptanceof any payment in
without our express prior written approval. A
electronically, at first press?entmant and any re-presentme
account number and check serial number to your financial t
Was costly process is available. By submitting a t?nedc for p
bank or asset account. When we process your check elec
account as soars as the same day we receive your check,
asset account statement. tt we cannot col", the funds e
account for the amount of the check. Authorization for
By Computer, Pay By Phone or any other American Expre
Express to initiate an electronic debit to the financial
You may visit the American Express Privacy Statement at
www.amencanexpress.com/pnvacy for more details and to set your email preferences.
We use the
lying the Dal
)JIffierent take the)
st day RVre
he DPR for
Feature for ti
a Feature for
AcaormtNLwrdw
XXXX-XXXXX5-31003
)e credited until the next day. Payments must be sent to the
le the remittance cou from your statement. Payments must
ik and payable in US dollars, or with a gotiab
e instrument
system, or through an electronic payment method payable in
Your Account number must be in uded on all payments. If
may be delayed and additional Charges may be imposed. If we
as a conversion rate that is c?epta a to us to convert your
d by law. Please do not sendaposf cdated checks. They will be
tried with a restrictive legend will not operate as an accord and
dhorization for Electronic Debit: We will process knacks
its, b transmitting the amount of the check, routing number,
tstdu&n unless the check is not processabte electronically or a
tymm ? you authorize us to initiate an electronic debit from your
r y, payment may be debited to your bank or asset
tnd you wlrl not receive that cancelled check with your bank or
leeftnicegy we may issue a draft against your bank or asset
Electronic Payments: By using the American Express Pay
;s electronic payment service, you will be authorizing American
iocount you specify in the amount you request. Payments
the next da . To use P Computer. please visit us Dally Balance (ADS) M*tlwd for Calculation of Finance
T
Page 2 of 7
To Pay y Phone
1-600-4 2-9297
Custom r Service
1-800-3 7-2177
24 hou ff days
Lost or toten Card
1-800-9)2-3404
ExpreCash
1-800 ASH-NOW
Internet nal Collect
1-336-393-1111
too io ceicuta>e t-u on your Account. Under this method, we figure the FC on your
Rate (DPR) to the ADB (as described below) for each Feature (indudkv current Hearin
rates may be applied to separate Feature balances. To get the ADB Tor each gam.
nice for each day (including unpaid FC from previous billing periods) (2) add any M:
Aract any payments or credits. and (4) make any appropriate adjustme . For each FAX:
hod we also add an amount of interest equal to the pravhus days daily balance In NY:
re. This gives us the daily balance for the Feature for that day and up e beoinn
/. If this balance is negative it is considered to be zero . Then we add all tfie dai
period and divide the total by the number of days in the iAling period. This gives Large
us the ADB for the Feature. If you pay the New Balance on this statement by the next Closing Date, then will avoid
additional FC on features included In.this New Balance. If you multiply the ADB for each Feature by the number of days in
the billing period and the DPR for that Feature, the result will be the FC assessed on that Feature, except for variations
caused by rounding. The total FC for the bill sr?g period is calculated by adding the FC assessed on all Features of
the Account. This method of calculating the ADB and FC results in daily compounding of FC. Transactions
Made in Foreign Currencies: If you incur a Charge in a foreign currency, it will be converted into US dollars
on the date it is processed by us or our agents. Unless a particular rate is required by applicable law, we will
choose a conversion rate that is acceptable to us for that date. Currently, the conversion rate we use for a Charge
in a foreign currency is no ggreeter than (a) the highest official conversion rate published by a government
agency,. or (b) the highest interbank conversion rate identified by us from customary banking sources, on the
conversion date or the prior business day in each instance Increased by 2.7%. This conversion rate may duffer from
rates in effect on the date of Your charge. bherges converted by establishments (such as airlines) will be billed at the rates
such establishments use. 1311111m : In Case of Errors or Questions About Your Bill: If you think your
bill is incorrect or ff you n more n a a transaction on your bill, write us on a separate sheet of paper at
the Customer Service address noted to the right. We must hear from you no later than 60 days after we sent you the first bill
on which the error or problem appeared
. You can telephone us at the number indicated on the front of this statement, but
doing so will not preserve your rights. In your letter, gtw us the following information: 1. Your name and account number,
uspected
2. The dollar amount of the s error, 3. Describe why you believe there is an error. H you need more information,
describe the item you are unsure about. You do not have to y any amount in question while we are investigating but you
are still obligated to pay the parts of your bill that are not in question. While we investigate your quesbon, we cannot
report you as delinquent or a any action 10 collect the amount you question. If you have authorized us to pay your bill
automatically from your checking or savings account, you can stop the payment on any amount you thank is wrong. To stop
the Pa your letter must reach us three business days before the automatic payment is scheduled to occur. Special
Rule r Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with
a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the
remainingg amount due on the goods or services. You have this protection only when the purchase price was more than
$50 and flue purchase was made in your home state or within 1 rtymi00 lee of your mailipnug address. (if we own or operate en the
merch for the mo usntt on looocationo of mailed you the th to yours asyeou Credit e; If ntcprope readittlagnacine (desiservices, C
Rr)is shown the is eenwti 1t
within 30 days after expiration of the six-morrth period following the d fe of the first statarrrent indicating the credit tsalance,
issue a check to you for the credit balance if the amount is $1.00 or more. New York resident may contact the New York
Banking rtmentat to obtain a comparative listing of credit qrd rates, fees and grace periods by calling
1-800-51
-9950
-9090
-1897
and Braille
amen nexpresi
Cust r Service
P.O. Bo 981535
El Paso TX
79998-1535
Express Cash
P.O. Bo 981531
El Paso TX
79998-1531
Paym
P.O. BC X 650448
DALLA TX
Change of Address • To change your address online, visit www.americanexpross.comiupdatecontactinfo
I on front • For Name or Company Name changes, please call the Customer Service riot use number on the back of your Card.
• If your address or phone numbir has changed to a FOREIGN ADDRESS OR
PHONE, please call Customer Service.
• Please print clearly in blue or black Ink only in the boxes provided.
street Address
City, state
Zip Code
Aree Code and
Horne Phone
Area Code and
Work Phone
EmeN (optional)
1
Please rovide your
e mail a Tess to
receive nt
a i porteccount pdate s and
exdus' Cardmemb
offers a benefits.
Prepared For AMunt Number CknkV Date Page 3 of 7
DENIS M DUMM XXXX-XXXXX5-31003 04/12/10
?'M i
Activity * Indicates poedng date Amount $
Total of Payment Activity 0.00
Due in Full Activityfor DENIS M DUMM
CWd XXXX.XXXXX"i003 Amount?
04112/10 Late Payment Fee 38.24
Total Due in Full Activity 38.24
Flexible Payment Summary Previous Balance 21213.03
Payment Activity 0.00
FINANCE CHARGE 275.94
New Charges/Adjustments 0.00
New Balance 21488.97
Amount $
Total of Flexible Payment Activity
I 0.00
i
Finance Charge Schedule
Billing days this penod: 31 Average Daily Daily Annual New
FINANCE
Balance to which rate applies _ Balance $ Periodic Rate Percentage Rate Balance $ CHARGE $
Sign & Travel / ExPO 21,346.25 0.0417% 15.24% 21,488.97 275.94
Certain of the periodic rates and APRs above may be variable. Those rates may vary
based upon the prime rate identified in the Wall Street Journal, as described in your
Cardmember Agreement as currently in effect.
Important Notice
Please
Information on Flexible Payment Features for fu
You may have access to one or more Flexible Payment Features as part of your Card account. The current Annual informs
Percentage Rates (APRs) and Daily Periodic Rates (DPRs) for the Flexible Payment Features are as follows: your a far to page 2
r important
n regarding
unt
For Sign & Travels, the APR is 15.24%, the DPR is 0.0417%
For Sign & Travels, the APR is 15.24%, the DPR is 0.0417%
For Extended Payment Option, the APR is 15.24%, the DPR is 0.0417%.
Sign & Travel, the APR is 15.24%, the DPR is 0.0417%
Prapaetl For Account Number Page 4 of 7
DENIS M DUMM XXXX-XXXXX5-31003
Membership Rewards
Monthly Statement and Page 5 of 7
Program News
For questions about your
Membership Rewards account,
visit us at
americanexpress.com/
rewards
or contact us at 1-800-AXP-EARN
(297-3276)
American Express
Membership Rewards
P.O. Box 297813
Ft. Lauderdale, FL 33329-9785
Statement Period
March 1, 2010 -March 31, 2010
Account activity after this period does not appear on this statement
Prepared for
DENIS M DUMM Total Points Balance
Membership Rewardee Accmmt Number
1 M98IN788
8 f 8
Points Earned this Period are
pending until charges are paid in
full and all your accounts are In
good standing. Points Earned this
Period may include Bonus Points.
Points Earned this Period
1 01
Account Summary Opening points balance 81,208
Points earned this period 0
Points used this period 0
Reinstated points and adjustments 0
Total points balance =81,208
Points Earned this Period
03101/10 - 03/31/10 Points Activity On Bonus Points Total Points Activity
Eligible Charges Awarded Per Card
Rewards Plus Gold 0 0 0
XXXX-XXXXX5-31003
MEM ERSHIP
rewards-
Points used this period includes Redemptions and Transfers. Points earned may be used as long as all enrolled Card accounts are
Points used cannot be reversed back into your program account. Forfeited points can be reinstated for a fee by calling the nur
below. Eligible Card charges are outlined in the Membership Rewards program Terns and Conditions in your Program Guide. If yc
please visit www.americanexpress.com/rewardarr call 1-800-AXP-EARN (297-3276). For International, call collect 305-816-279
good
have questions,
Pm"rod for
DENIS M DUMM MEMBERSHIP
Me twatdp RewordoA Account Number rewards* Page 6
l M98194788
5 Preened For Acwurk Number Ooetrp Dace Page 7 of 7
DENIS M DUMM XXXX-XXXXX5-31003 04/12/10
Rewards Plus Gold Card
Statement of Account
Notice of Changes to Your Membership Rewards Program Account
Effective July 1, 2010, Southwest Airlines will no longer be a point transfer partner in the Membership Rewards
program. Any Membership Rewards point transfers or redemptions for the Southwest Rapid Rewards program
must be made by June 30, 2010. These transfers or redemptions will be considered final, non-refundable, and
subject to the Southwest Rapid Rewards program terms and conditions.
You will still be able to redeem points for flights using Membership RewardO Pay with Points. With Pa with
Points, you can fly any airline without seat restrictions or blackout dates, and can pay for all or part of ur trip with
points. You can also transfer points into over 20 frequent flyer and guest programs, or redeem points t ward our
airline and hotel travel certificate partners.
To transfer points to a participating frequent flyer program or to use Pay with Points, please visit
membershiprewards.com/travel. Please remember to make any final point transfers or redemptions
Southwest Rapid Rewards program by June 30, 2010.
the
S0240 BP/MU/IOR02/0410
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
-~r~
Ronny R Anderson ~„~a-''~~°'„`'~;r-~'s~~jY
Sheriff ~ ~ c T~~ ~''''
Jody S Smith `~ ~ ~+$!y `3: ;~~
Chief Deputy ' ~ ~~~ ..
Richard WStewart
C1,}l~B~~ ~ ;';; ~~~UNTf
Solicitor PE~1C~Sti' ~v'~~
American Express Centurion Bank Case Number
vs. 2010-5411
Denis M. Dumm
SHERIFF'S RETURN OF SERVICE
08/31/2010 07:25 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 31, 2010 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Denis M. Dumm, by making known unto himself personally, at 932 Forbes Road,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $33.40
September 01, 2010
GE LD WORTHINGT DEPUTY
SO ANSWERS,
t~
RON R ANDERSON, SHERIFF