HomeMy WebLinkAbout10-5412IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK : NO. 10 -lid tvilT
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT
Plaintiff
I
vs.
DENIS M. DUMM
932 FORBES RD.
CARLISLE, PA 17013
Defendant
CIVIL ACTION - Ic
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 aftComplaint 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
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.
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to the
case
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
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FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
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ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
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Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
448,00 05 ATM
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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 - LA1 V
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 cci6n
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 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 OFII INA
PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE P DAN
OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN
HONORARIO REDUCIDO O GRATIS.
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
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT
Plaintiff
vs.
DENIS M. DUMM
932 FORBES RD.
CARLISLE, PA 17013
Defendant
COMPLAINT
NO.
: CIVIL ACTION - LA
1. The Plaintiff is American Express Centurion Bank (hereafter "Amy
Express") with a place of business located at 4315 South 2700 West, Salt
City, Utah.
2. The Defendant, Denis M. Dumm, is an adult individual, residing at
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 Ex
credit card (the "Card") that enabled Defendant to charge items to a Blue
American Express Account (Account Number XXXX-XXXXXX-81003)
"Account").
5. At all relevant times, Defendant was the basic cardmember on the
Account, and was responsible for paying all amounts charged to the Accc
6. The Agreement Between American Express Credit Cardmember and
American Express Centurion Bank (the "Agreement") was provided to Deft
with the Card, and a true and correct copy of the Agreement is attached here
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 o
behalf of American Express. A true and correct copy of the April 2010 statement
is attached hereto, incorporated herein and marked Exhibit "B".
c. Defendant agreed that if the payment was not made by the paymen due
date indicated on the monthly billing statements, American Express may ass s
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 ncl
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 St,
which set forth in detail all items charged to the Account, and the total
due and owing by Defendant to American Express.
Count 1- Breach of Contract
10. American Express incorporates by reference the averments of paragraphs
`?
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 $13,535.11. See Exhibit "B" as previously identified and
incorporated herein
14. Despite due demand, Defendant has failed and refused to pay American
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 judl
against Defendant for breach of contract in the sum of $13,535.11, plus
reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, American Express demands judgment against Defendant on
Count 1 in the sum of $13,535.11, 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 fop 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 $13,535.11, which sum reflects the balat
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 $13,535.11, plus prejudgment interest and the costs of1thi
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 Am
Express's extension of credit in the amount of $13,535.11 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 $13,535.11.
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 Defendan? on
Count 3 in an amount to be determined at trial.
Respectfully submitted,
i
Amy F. Doyle, Esquire
PA Supreme Court ID 87062
Doyle Legal Services, LLC.
204 St. Charles Way, Unit E#177
York, PA 17402
717-812-1672
877-202-9420
206-203-3872 (facsimile)
Counsel for Plaintiff
VERIFICATION
i
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. Sect?on
4904, relating to unsworn falsification to authorities.
Date: ® 7 -
Express Centurion Bank
RE: DUMM/DENIS
EXHIBIT "A"
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 1
FDR 899917
Welcome to American Express Cardmembership
This document and the accompanying supplement(s)
constitute your Agreement Please read and keep this
Agreement Abide by it terms. Who you keep, sign or use the
Card issued to you (including any renewal or replacement
Cards), or you use the account associated with this Agreement
(your Accome), yew agree to the terms of this Agreement.
The words 'ru,"'youe and'youre mem the person who
applied fur the Account and the person to whom we address
billing statements, as well as any person who agrees to be liable
on the Account The `Basic Cardmembee' is the person who
opened the Account At your request, we may also issue a Card
on your Account to another person (an Additional
Cardmembee). The term 'Cue refers to the American
Express' Cud issued to you, all otter Cards issued on your
Account, and any other device (such as Account numbers and
convenience checks) with which you may access your Account.
'Wq"our" and 'us' 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 ('Purchase(s)'). You may
also use the Card to obtain loans (Cash Advance(s)l through
various means we may make available (e g., ATM machines)
up to the applicable limit on your Account. At our discretion,
we may permit you to transfer balances from other account to
your Account ('Balance Trtnsk r(s) ). At our discretion, we
may issue convenience checks that you can use to access your
Account. Each convenience deck may be used only by you.
You may not use convenience checks to pay any amount you
owe under this Agreement or to pay any other account you
have with us or our affiliates lkansactiona you make in
response to promotional of in from us will be subject to the
terms ofthe promotion and this Agreement
All amount charged to your Account including Purchases,
Cash Advances, Balance Transfers, convenience checks, annual
fee(s), if any, any amount guaranteed by use of the Cad, other
fees, and any Finance Charges, are Chatga' A convenience
check that we identify as having been made payable to ash, to
you, or to a bank, brokerage or similar asset account will be
treated as a Cash Advance. Any other convenience check
and/or a Balance Transfer will be treated as a Purchase, except
as otherwise noted. If you make a Purchase or a Balance
Transfer, or use a convenience check, that is governed by a
promotional offer from us, the Charge will be included in a
Promotional Balance, unless we notify you otherwise. A
maximum of 3 Additional Cards is permitted on your Account.
You agree to use the Account only for legitimate purchases of
goods and services for personal, family or household purposes.
You agree not to let any person use a Card except a
Cardmember whose name is on it. You agree to notify us if the
Card is lost or stolen, or you suspect that it is being used
without your permission. You agree to use the Account only for
Purchases, Cash Advances, or Balance Transfers that are lawful
and are permitted under this Agreement We may am you
renewal or replacement Cards before a previously issued Cad
expires.
If you or an Additional Cardmember authorize a third
party to bill Charges on a recurring basis to your Account
("Recurring Charge(s)'), we may (but are not required to)
provide such third party with your current Account status,
Card number and/or expiration date 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 Cardmember To
withdraw authorization for a Recurring Charge, you must
notify the third party.
ExpressPay
The Card may be equipped with the ExpressPay feature
("FaptessPay"), which enables you to make Charges without
having the Card swiped or imprinted at a participating
merchant ExptessPay uses a computer chip that is built into
the Card and transfers encrypted payment information
wirdeasly when you hold the Card to a contactless reader.
Charges made with ExpressPay are as secure as other (barges
you snake with the Card. ExpressPay generates a unique
cryptogram to further protect your account from fraudulent
transactions. Ifyou notify us that the Card is lost, stokes or has
been fraudulently used, the Card and the ExpressPay feature
will be deactivated and another maybe reissued. You agree to
use ExpressPay only in accordance with out instructions, and
you agree not to attempt to get ash with ExpressPsy fiom any
source. You may cancel the ExprdtPayfeature on the Card or
any Additional Cad at any am upon notice to us by calling
the number on the back of the Card.
Annual Fee
There is no annual fee for this Account
Rebate
Your Rebate is awarded annually for each Rebate Year (12
consecutive billing periods beginning with the billing period
during which your Card anniversary date occurs). For the first
$6,500 Of Eligible Purchases (as defied below), the rebate
percentage is 1% for Everyday Purchases (as defined below)
and 0.5% for all other Eligible Purchases: for Eligible Purchases
of $6,500.01 or more, the rebate percentage is 5% for Everyday
Purchases and 1.5% for ell other Eligible Purchases.
'Everyday Purchases' are Eligible Purchases at U.S.
supermarkets, gas stations, and drug stores, in each case that
are not department of superstores or warehouse clubs.
'Eligible Purchases' are charges to your Account for goods or
services the have not been returned or otherwise credited to
your Account Eligible Purchases do not include Finance
Charges, fees, Cash Advances or other means of accessing your
Account, convenience checks, Balance Transfem or the
purchase of American Express' Travelers Cheques and
American Express' Gift Cheques or other cash equivalents.
Eligible Purchases also do not include any charges posted to
your Account during any billing period for which payment of
the Minimum Amount Due is not credited to your Account by
the Payment Due Date shown on the statement for that billing
period. Eligible Purchases for any Rebate Year will be reduced
by any credit or adjustment ; posted to your Account during
the applicable Rebate Year. A credit fa a Purchase posted to
your Account during arry billing period for which the
Minimum Amount Due is not credited to your Account by the
Payment Due Date shown on the statement for the billing
period will reduce the amount ofthe Rebate, ifauy, awarded
for the applicable Rebate Year. We nerve the right not to
include in Eligible Purchases any Purchases we determine are
not made with the good faith intention of consuming the item
charged.
The Rebate amount(s) that may appear on your billing
statement under the heading Cash Rewards Earnings
Summary1' are for informational purposes only and are not
intended to indicate the actual Rebate, ifaay. that may be
awarded for a Rebate Year. IN credit posted to your Account
places your Rebate in negative status, the Rebate will be
represented as zero on your billing statement; however, you
will have to accumulate a Rebate equal to the negative Rebate
balance before you an accumulate a positive Rebate balance.
You will receive the Rebate in the form of credit to your
Account appmamately one month after the end of the
applicable Rebate Year. You will forfeit your entire Rebate for
any Rebate Year if your Account a canceled for any reason
before the Rebate is posted to your Account You will also
forfeit your entire Rebate for any Rebate Year if the Minimum
Amount Due on any statement for any billing period during
the Rebate Year includes an amount that was perviously
included in the Minimum Amount Due on three or more
previous billing statements (approximately 90 days or more
past due).
Credit Line
A portion of you credit line may be available to you for
Cash Advances up to your Cash Advance limit. We may, at any
time and in out sole discretion, increase and/or decrease your
credit line and Cash Advance limit We may limit Charges at an
automated teller machine ("ATM) to the leaser of (i) it total of
$1,000 in any seven-day period, or (ii) the remaining amount
of the Cash Advance limit on your Account: and we may
impose additional limits at our sole discretion (in addition to
any limit imposed by the ATMs owes
statement will show your credit line a
and the unused portions of such line a
statement date. You agree to manage y
balance for Cash Advances (including
Charges) will not exceed the Cash Adr
overall balance (including fees and Ph
exceed your credit line. You agree to p
request, the amount of any balance on
ofany applicable aeditline or limit M
decline any attempted Charge, even if
cause you to exceed your credit line or
We are not responsible for any lass
if a transaction on your Account is nol
reason, even if you have sufficient cm
otherwise required by applicable law
respond ble if s? merchant refuses to
any other problem you may have with
Promise to Pay
You promise to pay all Charges, im
by Additional Cardmembem on your,
includes any Charge for which you or ;
C rdmember indicated an intent to in
you or the Additional Cardmemberhe
form or presented the Cad You also p
Charge incurred by anyone that you in
Cardmember let use the Cad even th,
not to letamyone else use the Cud.
Status of and Responsibility for Add
Additional Cardmembers do not h
instead, they are authorized users on )
Cards issued to them maybe aucellei
time. You must notify us to revoke an,
Cerdmembers permission to use your
responsible under this Agreement for
by the Additional Cardmembers, and I
Additional Cardmember lets use the C
they incur will be billed to you. You ha
even ifyou did not intend for an Addit
other person, to use the Cad for any t
An Additional Cardmember is not
incurred by the Basic Cardmember or
CuAmembem However, by each use e
incur Charges, the Additional Cardme
pay it and we may, at our discretion, p
Cardmembers for payment of Charges
You authorize us to provide Account it
Cardmembers and to discuss the Acco
You agree to notify each Additions
time he or she becomes an Additional
may receive, record, exchange and use
or her in the same marnerwe do with
as described below in the Commoner i
MoatWrtWRecordhtg, and Seapms;
sections ofthis Agreement You agree 1
Cardmember the Additional Cardmei
applicable provisions of this Agreemer
Billing Statements
You trust notify us immediately of
mailing or e-mail address to which we
or notices the a billing statement has 1
Address?. if you wish a Billing Addres
more than one account you maintain v
You agree that we may also update you
receive information that your Billing A
incorrect
The New Balance appears on you
determine the New Balance, we begin
balance on your Account at the begin
period, called the'Pm-douss Balance' e
We add any Charges, subtract any tied
as of that billing period, and make oth
adjustment.
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Yourbilling
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limit as of the
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?s-
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 2
Minimum Amount.Due
Each billing statement will reflect a Minimum Amount
Due. Payment is due by the time and date shown and in the
manna prescribed on the statement The Minimum Amount
Due will not exceed the New Balance. You may pay more than
the Minimum Amount Due, up to the entire outstanding
balance, at any time. To alculm the Minimum Amount Due.
we add together the following amounts, round the result to the
nearest whole dollar, and then add any amount past due.
(1) the greatest of
(a) 2%ofthe New Balance (exeludingfrom the New
Balance any ovef-limit amount and any late fees or
ova-limitfees);
(b) the leaser of
(i) current billed Finance Charges phis 1% of the New
Balsas (excluding from the New Balance any
wee-limit amount, any late fees or over-limit fees
and finance charges), or
(ii) 4% of the New Balance; or
(c) $15;
(2) any --limit fees added during the billing period; .
(3) any late fees added during the billing period; and
(4) 1/24th of any over-limit amount (the part of your New
Balance in excess ofyour credit line).
Adjaated Minimum Amount Due
sump-r. ifyou consistently pay morethan the
Minimum Amount Due outlined above, we may calculate your
minimum payment without any hate tea, over-limit amount or
the additional 1% of thebalance refixenced in (1)(b)(i). Ifwe
do thus, and finance charges are more than 2%ofthebalance,
we may add $15 to your minimum payment For information
about how this works, read the detailed description below.
Detailed Description; We may adjust the outlined
calculation above by removing the late fen in (3), the over-
limit amount in (4) and'Flus 1% of the New Balance in
(1)(bXi). In the adjusted calculation, we will ecdude only the
over-limit fees from the New Balance in (1)(a). After the
adjustment, if (1) is equal to the current billed Finance
Charges, we will increase your Minimum Amount Duce by $15.
We will apply the adjusted calculation to your Account if:
• the sum ofyour payments (credited to your Account in
the six consecutive billing periods ending with the
Closing Date of the current billing period) is greater than
the sum of the Minimums Amounts Due (for the six
consecutive billing periods ending with the Closing Date
of the previous billing period. not using the adjusted
alnilation and including the amount past due in only
the first of those six periods);
• the sum of the Minimum Amounts Due is equal to the
sum ofyour payments and it is less than or equal to $90;
the sum of the Minimum Amounts Due is zero and we
used the adjusted calculation in the last billing period
when your Minimum Amount Due was not zero; or
• it is the first billing period ending on or after November
16, 2007, and your Account was opened before that data
ff we adjust your Minimum Amount Due, we will do so for
at least stx biDing periods, and if we stop adjusting your
Minimum Amount Due, we will not adjust it again for at least
six billing periods, regardless of your payment history.
Payments
All payments must be sent to the payment address shown
on your billing statement and must include the remittance
coupon from your billing statement. You must pay us in U.S.
currency, with a dogle draft or check drawn on a U.S. bank and
payable in US. dollars, or with a negotiable instrument payable
in US. dollars and clearable through the US. banking system,
or through an electronic payment method clearable through
the U.S. banking system. Your Account number must be
included on or with all payments. ffwe decide to accept a
payment made in a foreign currency, you authorize us to
choose a conversion rate that is acceptable to us to convert your
remittance into US. currency, unless a particular rate is
required by law.
Payments conforming to the above requirements that we
receive no later than the hour specified on your billing
statement will be credited to your Account as of the 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 ofthe following day.
If payment does not 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 full 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 an acceptance of mach
payments will not operate u an accord and satisfaction
without our prior express written approval.
Subfeet to applicable law, we will apply and allocate
payments and crokis aemngbalw= and C liatm on your
Account in any order and manner determits d by us in our sole
discretion. In most cases, we will apply and allocate payments
first to balances at lower Annual Percentage Rata ('APR?)
and then to higher APR balances, and apply Purchase credits
fast to the balance from which the corresponding debit
originated. Howev et for servicing, administrative, systems or
other business reasons, we may apply and allocate payments
and credits among balances and to Charges on your Account in
some other order or manner that we may determine in our sole
discretion. You agree that we have the unconditional right to
exercise this discretion in a way that is most favorable 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 check electronically, you will not receive that cancelled
check with your bank or asset account statement
Finance Charges
A. Finance Charges begin to accrue for each Charge as of
the date the Charge is added to the daily balance, as described
below. If payment in full for any New Balance shown on the
statement for a billing period is credited to your Account by
the Payment Due Date shown on that statement then Finance
Charges will not accrue for Purchases from the date on which
payment in full of that New Balance is credited to your
Account until the end ofthe billi%period in which such
payment is credited to your Account In addition, Finance
Charges will not accrue for Purchases during a billing period if
(a) the Previous Balance shown on the billing statement for
that billing period is zero or a credit balance, or (b) payment m
full for the New Balance, if any shown on the statements
covering the two immediately Preceding billing periods is
credited to your Account by the respective Payment Due Data
shown on those statements. For purposes of this paragraph,
Purchases do not include Balance Transfers or convenience
checks.
0. The Daily Periodic Rate ('DPR') for Purchases and the
DPR for Cash Advances at each based on an APR, which may
vary. The APR for Cash Advances is the Prime Rate plus
14.99%. A DPR is 1/365th of the APR. Your DPRs and APRs
for Purchases appear on the accompanying supplement(s).
When an APR changes, we apply it to any existing balance
subject to that rate.
C. Notwithstanding the foregoing, unless a higher rate
applies under any other provision, the APR for all balances
except Cash Advances will be equal to the Prime Rate plus
12.99% if during any Review Period any portion of any
Minimum Amount Due is not credited to your Account by its
Payment Due Date The `Review Period' is the period.
constituting approximately one year, of twelve consecutive
billing periods ending with the Closing Date ofthe torrent
billing period, whether or not you received a statement for
each such billing period.
D. Notwithstanding the foregoing, the DPR (and
corresponding APR) on all balances will incase to the Default
Rate ifduring the Review Period (i) payment ofyour
Minimum Amount Due is not credited to your Account by the
Payment Due Date in any two billing periods, (it) a payment on
your Account is not honored by your bank or other financial
institution. or (iii) you exceed any designated credit limit on
your Account three or more times. The `Review Period' is the
period, constituting appmamately 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 a minimum oftwelve
FDR 899917
consecutive billing periods, beginning
period. The Default Rate is a DPRwhu
APR equal to the Prime Babe plan 21:
E The `Prime Rate is determine
each billing period. The Prime Rate to
the Prime Rate published in the Mont
successor section) of The Wag Street It
of thatbilling period or (b) the day the
Clot" Date ofthatbilBrt Mind, wh
case, if such a day is not a customary p
Waft Street lowmal, we will substitutet
that is a customarypubliation day. if
ceases or suspends publication, we ma
published in any other newspaper of B
York. New York, or we may substitute 4
our sole discretion. Any incase or de
resulting from a change in the Prune A
first day of the bulling period. An incre
means that the variable APRs (and our
applicable to your Account will mcras
higher Finance Charges and may have
Amount Due.
Average Daily Balance Method for C
Charges
We use the Average Daily Balance t
Finance Charm; on your Account Ub
calculate the Finance Charges on your
DPR to the Average Daily Balance (as t
separately for each balance subject to I
Different periodic rata may be used fi
example, diffawt DPRs maybe applie
such u Purchase, Cash Advance, and I
get the Average Daily Balam for each
beginning balance for each day (ineni
Charges from previous billing periods)
transactions, debits, or fees, (3) subtra
credits credited as of that day, and (4) 1
adjustments. For each day after thefers
period we also add an amamtof iedem
days daily balance muktpfted by the D)
gives us the daily balance for the paft
and the beginning balance for that bob
this balance is negative, it is eonsideei
add up all the daily balances for each b
period and divide the total by the mum
period. This gives us the Avenge Daily
balance.
Ifyou multiply the Average Daily B
by the number of days in the billing pe
that balance, the result will be the Fins
that balance, except for variations aus
total Finance Charge for the billing pet
adding the Rua=Charges auesud o
Account This method of calculating ti
and Finance Charge results in daily cm
Charges. We may use mathematical foi
equivalent results to calculate the Aver
Finance (urge, and related amounts.
utilize computer programs or other coo
that ace designed to produce mathema
while using fewer and/or simpler con{
described in this Agreement
At our discretion, we may exclude i
debit transactions or fees from the ak
balances Unless we elect to use a later
the daily balance as follows: We add a 1
Purchase to the appropriate daily balar
request or the transaction date on the I
add a convenience check to the approp
the date of first deposit We add a Balau
through a convenience check to thespl
as of the dace ofthe request We add pe
to the daily balance as described above
Marge to the appropriate daily balance
transaction.
Periodic Finance Charges are adder
balance at the end of the billing period
Charges are calculated. In any such bill
impose a minimum Finance Chap o
added to the balance with the highest i
convenience and in our sole discretion
balance with a lower APR. In our sole x
ith the current billing
corresponds to an
once with raped to
each billing period is
Rata section (or
anal on (a) the first day
is two days prior to the
:lever is higher. In each
ubliation day for The
w closest preceding day
he Wag Street Journal
refer to the Prime Rate
neral circulation in New
similar reference rate at
rase to an APR
nc takes effect as of the
se in the Prime Rate
and you may incur
higher Minimum
culation of Finance
ethod to calculate
r this method, we
ccount by applying the
different balances. For
i to separate balances,
romotiorw Balance. To
mlana, we (1) take the
ng unpaid Finance
(2) add any new
t any payments or
take any appropriate
day of the billing
tequal to ifteprevious
t for the balance. Ibis
dar balance for that day
race for the next day. If
to be zero Then, we
of days in tht
lance for that
ance for each balance
od and the DPR for
ere Charge assessed on
i by rounding. The
d is calculated by
allbahmcesofthe
Average Daily Balance
poundingofFinance
colas which produce
x Daily Balance.
xr example, we may
putational methods
sal steps than are
categories of
late, we add a Charge to
ash Advance or
x as of the date of
Iling statement We
iste daily balance as of
ce Transfer other than
ropriate daily balance
iodic Finance Charges
We add any other
as of the date ofthe
to the outstanding
or which Finance
ng period, we will
$0.50, which will be
PR uudess, for our
we choose to add it to a
scretion, we also may
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 3
round any calculations made in determining the Finance
Charges on your Account in any way that is convenient to us.
Awry such rounding may apply to or arse variations in your
DPRs.
Late Fees
We may assess a Late Fee if a payment of at least the
Minimum Amount Due is not credited to your Account by the
Payment Due Date. The amount of the Late Fee depends on the
amount ofthe Previous Balance on the statement on which the
Late Fee appears, as follows:
previous Balance Late Fee
Less than $100 $19
5400 or greater $38
Other Fees
We may chugs the following fees to your Account, subject
to applicable law. Except as otherwise noted, these fees will be
added to the Purchase Balance.
1. Dishonored Payments: We may charge a fee of 538
whenever any check, similar instrument or electronic payment
order that we receive as payment on your Account is not
honored upon first preeminent
Ifa Card is presented in connection with cashing a check at
an American Express Travel Service Office or other authorized
location and the check is not honored, we may charge a fee of
$38. (We will also add it Charge to the Cash Advance balance of
your Account in the amount ofthe check that was not
honored.)
2. Coplea ofStstements: We may charge a fee of S5 for
each billing period for which a copy of a billing statement is
requested. We will not charge this fee for any request for a copy
of any of the bill %statements for the three billing periods
immedistely prior to the request
3. Account Re-opening Fee: We may charge a re-opening
fee of $25 ifyour Account is cancelled for any reason and you
request reinstatement and such request is honored.
4. WIN Tlransfen: We may charge a fee ef515 each time a
wire transfer from your Account is irritated and authorized.
5. Stop Payment Orden We may charge a fee of 529
each time we receive a request to stop payment on a
convenience check drawn on your Account
6. Over-limit Fee: We may charge a fee of 535 in each
billing period the New Balance on your statement exceeds your
credit line.
7. Convenience Check Usage/Balance Transfer
Transaction Fee: We may assess a transaction fee for each
Balance Transfer and each convenience check drawn on your
Account as disclosed in the applicable Promotional Offer, in
the materials accompanying the convenience check, or at the
time of the transaction. This fee a a Finance Charge and, if
assessed, will be added to the same Purchase or Cub Advance
balance u the convenience check transactor or Balance
Transfer. For convenience checks made payable to ash or to
you, a bank, brokerage or similar asset account however,
unless otherwise disclosed in the applicable Promotional offer,
in the materials accompanying the convenience check or at the
time of the transaction, there will be a transaction fee of 3%,
with a minimum of $5.
8. ATM Fee: We will impose a fee each time a Card is used
to obtain ash or any other services from an ATM. This fee will
be 3%ofthe amount of the ash withdrawn or other services
obtained (including any additional fee imposed for use of the
ATM by its operator), with a minimum of $5. This fee will be
added to the Cash Advance balance.
Suspension/Cancellation
In addition to any other actions we may take under this
Agreement, we may suspend or cancel your Account or any
feature offered in connection with your Account, we may
reduce your credit line or ash advance limit (including to a
level below your outstanding balance), and/or we may suspend
or cancel the authorization ofany Additional Cardm ember to
make Charges to your Account, at our sole discretion at any
time, with or without cause, whether or not your Account is in
default and without giving you notice, subject to applicable
law. Any such action on our part will no cancel your obligation
to pay all Charges due on your Account under the terms of this
Agreement in effect at the time of such action or as
subsequently amended, and you agree to pay us all such
Charges despite any such action. We may advise third parties
who accept the Card that the Card(s) issued to you and/or
Additional Cardmembers have been cancelled. If we cancel the
Card or it expires, you may no longer use it and you must
FDR 899917
destroy it or return it to us or, ifwe request, to a third party. If
you want to cancel the Account or any Additional Cards, you
must notify us and destroy the Card(s).
Ifwe agree to reinstate your Account after a cancellation,
the new Agreement we send you (or, if we do not send you a
new Agreement, this Agreement as it maybe amended) will
govern your reinstated Account When we reinstate you
Account, we may reinstate any Additional Cards issued in
connection with your Account, and bill you the applicable
annual fee(s).
Default
We may consider your Account to be in default at any time
ifyou fail to pay us any amount when it is due, or if you breach
any other promise or obligation under this Agreement
Subject to applicable law, we may also consider your
Account to be in default at any time ifany statement made by
you to us in connection with this Account or any other credit
program was false or misleading; ifyou breach any promise or
obligation under any other agreement that you may have with
us or with any of our of Bates; if we receive information
indicting that you are bankrupt, intend to file bankruptcy, or
are unable to pay your debts as they become dire: or we receive
information leading us to conclude that you are otherwise not
creditworthy. In evaluating your creditworthiness, you agree
that we may rely on information contained in consumer
reports, and in or discretion we may consider the amount of
debt you are carrying compared to your 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 of your death.
In the event of your default and subject to any limitations
or requirements of oppliable law, we may require payment ofa
portion of your outstanding balance greater than the
Minimum Amount Due, declare the entire amount of your
obligations to us immediately dux and payable, and/or suspend
or cancel your Account and/or any feature that maybe offered
in connection with the Account You agree to pay all reasonable
costs, including reasonable attorneys' 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
Ifyou incur a Charge in a foreign currency, it will be
converted'into U.S. dollars on the date it is processed by us or
our agents. Unless a particular rate is required by applicable
law, you authorize us to 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 greater 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 souses, on the conversion date
or the prior business day, in each instance increased by 29L
This conversion rate 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 benefit service, or Feature that may accompany
your Account at anytime and without notice to you.
Arbitration
Purpose: This Arbitration Provision sets forth the
circumstances and procedures under which Claims (as defined
below) may be arbitrated instead of litigated in court.
Definitions: As used in this Arbitration Provision, the
term 'Claim means any claim, dispute or controversy between
you and us arising from or relating to your Account this
Agreement the Electronic Funds Transfer 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 of this Arbitration Provision or the
Agreements. For purposes of this Arbitration Provision, 'you*
and tits' also includes any corporate parent or wholly or
majority owned subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any purchaser of any
accounts, all agents, employees, directors and representatives
of any of the foregoing, and other persons referred to below in
the definition of *Claims.' "Claim' includes claims of every
kind and nature, including but no limited to, initial claims,
counterclaims, aria-claims and third
based upon contact, tort, fraud and a
statutes, regulations, common law ant
includes claims by or against any thin
any product, service or benefit in cons
(including, but not limited to, credit b
accept the Card, third parties who use
fee-based or free benefit programs, en
rewards programs, credit insurance a
and all oftheir agents, employees, din
representatives) if and only it: such thi
co-party with you or us (or file a Clai
us) in connection with a Claim asserte
the other. The tern'Claie is to be gk
meaning that will be enforced and inc
and without limitation, any claim, dial
arises ftoto or relates to (a) any ofthe
any of the Agreements, or any balance
(b) advertisements, promotions or ors
related to any such accounts, goods or
any of the accounts or the tams offln
and servioa related to Cardmembaal
or five benefit programs. enrollment s
programs), and (d) you application fir
not elect to use arbitration under the I
any Clamp that you properly file andp
individual and pending only in that cc
IniWtin ofArbitration Preeek
Adminish ter Any Claim shall be re
by you or us, by arbitration pursuant t
Provision and the code of procedures v
arbitration organization to which the t
at the time the Claim is fried (the "Cod
the Code conflicts with this Agreemea
referred to either the National Arbitrai
the American Arbitration Association
the party deeding to use arbitration. if
either ofthese organizations is unacce
have the right within 30 days after you
election to select the other otganizatio
arbitration administrator. For a copy a
Claim or for other information about t
contact them as follows:
• NAF at P.0. Box 50191, Minna;
• AAA at 335 Madison Avenue, N
webaitG wwwadrorg.
SiguNksnce of Arbitration: IF A]
CHOSEN BY ANY PARTY WITH RES
NETHER YOU NOR WE WILL HAVI
LITIGATE THAT CLAIM IN COURT t
ON THAT CLAIM. FURTHER, YOU A
HAVE THE RIGHT TO PARTICIPATE
REPRESENTATIVE CAPACITY OR A:
CLASS OF CLAIMANTS PERTA1NIN4
SUBJECT TO ARBITRATION. EXCEP
BELOW, THE ARBITRATORS DECIS]
AND BINDING. NOTE THAT OTHER
OR WE WOULD HAVE IF YOU WEN
MAY NOT BE AVAILABLE IN ARBITI
Restrictions on Arbitration IF El
TO RESOLVE A CLAIM BY ARBITRA
SHALL BE ARRITRATED ON AN INE
THERE SHALL BE NO RIGHT OR AU
CLAIMS TO BE ARBITRATED ON A I
OR ON BASES INVOLVING CLAIMS 1
PURPORTED REPRESENTATIVE CA
THE GENERAL PUBLIC, OTHER CA]
OTHER PERSONS SIMILARLY S1TUA
authority to resolve Claims is United t
and us atone, and the arbitatork authv
limited to awards to you and us alone.
brought by you against us, or by us ages
joined or consolidated in arbitration w
against someone other than you, units
all parties. No arbitration award or des
preclusive effect as to issues or claims i
anyone who is not a named party to th
Notwithstanding any other provision f
(including but not limited to the Coat
below) and without waiving other par
claims
equity. -Usim Also
Pay using or pig
action with arty account
reaus, third parties who
provide or participate in
ollment services and
d party is named as a
i with or against you or
by you or us against
an the broadest possible
ides, by way of example
ne or controversy that
:counts created under
on any such accounts,
or written statements
ervices financed under
acing (c) the benefits
p (including fee-based
rviaa and rewards
any account We shall
rbitration Provision for
race in a small claims
rrR as the Claim is
Dived, upon the election
this Arbitration
aim is referred in effect
'), except to the extent
Clain, aW be
in Forum ('NAP') or
MA'), as selected by
selection by us of
able to you, you shall
eceive notice of our
listed to serve as
the procedures, to file a
me organizations,
lis, MN 55405;
York, NY 10017;
Wr TO A CLAIM,
THE RIGHT TO
R HAVE A JURY TRIAL
4D WE WILL NOT
NA
A MEMBER OF ANY
TO ANY CLAIM
'AS SET FORTH
)N WILL BE FINAL
RIGHTS THAT YOU
TO COURT ALSO
HER PARTY ELECTS
ION, THAT CLAIM
VIDUAL BASIS.
HORTTY FOR ANY
[.ASS ACTION BASIS
BOUGHT IN A
kCITY ON BEHALF OF
DMEMBERS OR
T:D. The arbitratorus
Claims between you
ity to make awards is
urthermoe. claims
ost you, may not be
h Claims brought by or
agreed to in writing by
sum will have any
any dispute with
this Agreement
motion provision
rs right to appeal such
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 4
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.
Arbitration Procedures: This Arbitration Provision is
made 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 `FAA'). 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 shin apply applicable substantive law
consistent with the FAA and applicable statutes of limitations
and shall honor claims ofptfWW recognized 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
request mast provide a copy to the other party, who may
submit objections to the arbitrator with a copy of the
objections provided to the requesting party, within fifteen (15)
days of receiving the requesting psrtyk notice. The granting or
denial of such a request will be in the stile discretion of the
arbitrator. who shall notify the parties of his/her decision
within twenty (20) days of the objecting partyis submission.
The arbitrator shall take reasonable steps to preserve the
privacy of individuals, and of business matters. judgment upon
the award rendered by the arbitrator maybe entered in arty
court having jurisdiction. The arbitrator's decision will be final
and binding, except for any right of appeal provided by the
FAA. However, any party can appeal that award to a three-
arbitrator panel administered by the same arbitration
organization, which shall consider anew any aspect of the
initial award objected to by the appealing party. The appealing
party shall have thirty (30) days from the date of entry of the
written arbitration award to notify the arbitration organization
that it is exercising the right of appeal. The appeal shall be filed
with the arbitration organization in the form of & dated
writing. The arbitration organization will then notify the other
party that the award has been appealed The arbitration
organization will appoint a three-ubitramr panel that will
conduct an arbitration pursuant to its Code and issue its
decision within one hundred and twenty (120) days of the date
of the appellant's written notice. The decision of the panel shall
be by majority vote and shall be final and binding.
Location ofArbitratiesiftymentofFes Any
arbitration hearing that you attend shall take place in the
federal judicial district of your residence. You will be
responsible for paying your share, if any, ofthe arbitration fees
(including filing, administrative, having and/or other fees)
provided by the Code, to the extent that such fees do not
exceed the amount of the filing fees you would have incurred if
the Claim had been brought in the state or federal court closest
to your billing address that would have jurisdiction over the
Claim. We will be responsible- for paying the remainder of any
arbitration fees. At your written request, we will consider in
good faith making a temporary advance of an or part ofyour
share ofthe arbitration flees for any Claim you initiate as to
which you or we seek arbitration. You will not be assessed any
arbitration fees in excess of your share if you do not prevail in
any arbitration with us.
Continuation: This Arbitration Provision shall survive
termination of your accounts as well as voluntary payment of
the Account balance in fun by you, any legal proceeding by you
or us to collect a debt owed by the other, aany bankruptcy by
you or us, and any sale by us ofyour Account (and in the cat
of sale, its terms shall apply to the buyer ofany ofyour
Account). Except as otherwise provided in the Restrictions on
Arbitration prevision above, if any portion of this Arbitration
Provision (other than the Restrictions on Arbitration
provision) is deemed invalid or unenforceable, it shall no
invalidate the remaining portions of this Arbitration Provision,
the Agreement or any predecessor agreement you may have
had with us, each of which shall be enforceable regardless of
such invalidity.
Waiver
Our failure to exercise any of our rights under this
Agreement, our delay in enforcing any of our rights, or our
waiver of our rights on any occasion, shall not constitute a
waiver of such rights on any other occasion.
Consumer Reports
You authorize us to request consumer reports about you, to
nuke whatem credit investigations we deem appropriate. to
obtain and exchange any information we may receive from
consumer reports and other sources, and to use such
information for any purposes, subject to applicable law.
You authorise us to furnish information concerning your
Account to consumer reporting agencies, or others, subject to
applicable law. If you believe information we have furnished
about your Account to a consumer reporting agency is
inaccurate, you should write to us at American Express Credit
Bureau Unit, P.O. Boa 7871, FL Lauderdale, FL 33329-7871 and`
identify the specific information you believe is inaccurate.
You ate hereby notified that information about your
Account that may have a negative impact on your credit record
maybe submitted to a credit reporting agency ifyou fail to
fulfill the terms of your credit obligations.
Telephone Monitoring/Recording
You agree that from time to tine we may monitor and/or
record telephone calls between you or Additional
Cardmembm 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 Charge information is necessarily
collected by us. Charge information from Card transactions at
Agencies may be used for processing Charges and payments,
billing and collations activities and may be aggregated for
reporting, analysis and marketing 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 ad on behalf ofthe
insurance provider, as permitted by law. We receive
compensation from insurance providers that may vary by
provider and product Also, we may receive additional
compensation or financial benefit when AMEX Assurance
Company or another American Express entity acts as the
insurer or remsurer for these products. The arrangements we
have with providers, including the potential to insure or
reinsure products, may also influence what products and
providers we identify.
Notices
Any notice given by us shall be deemed given when
deposited in the US. 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 of or add new terms to this
Agreement at any time, in accordance with applicable law. We
may apply any changed or new terms to any thrn-adsting
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 evidence of any alleged
oral agreement. We may also seal, transfer or assign this
Agreement and the Account at anytime 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
transferred to American Express Centurion Services
Corporation ifyour Account is in default under the tams of
this Agreement.
Assignment of Claims
In the event you dispute a Charge and we credit your
Account for all or part of such disputed Marge, we
automatically succeed to, and you are automatically deemed to
assign and transfer to us, any rights and claims (excluding tort
claims) that you have. had 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.
Applicable Law
This Agreement and your Account, and all questions about
their legality, enforceability and interpretation, are governed by
FDR 899917
the laws of the State of Utah (without to internal
principles ofeonflicts of law), and by le federal law. We
are located in Utah, hold your Account' Utah, and entered
into this Agreement with you in Utah.
AMERICAN1v,.79RESS CENTURION BANK
To American Express Cardmembers (n The United States
And Its Territories
Year Dwiog R%ht-" Theis for Future Use
This notice contains important' ink rmation about your
rights and our responsibilities under `Fair Credit Billing
Act.'
Notify Us in Can of Errors or Ques ions About Your
Account Statement
Ifyouthinkyourstatementiswrou or ifyou need more
information about a transaction on you - statement, write us on
a separate sheet of paper at the address billing inquiries
listed on your statement Write to us as oon as possble. We
must hear from you no later than 60 after we sent you the
fort statement on which the error or blew appeared. You
can also telephone us, but doing so will preserve your
rights.
In your letter, give us the following nformation:
• Your name and Account number
. The dollar amount of the susped -d error.
• Describe the error and explain,' you can, why you
believe there is an errot If you more information,
describe the item you are not sur ! about
Ifyou have authorized us to pay Account statement
automatically from your savings, check ng or other account
you an stop the payment on any mou it you think is wrong.
To stop the payment, your letter must m ach us three business
days before the automatic payment is s eduled to occur.
Your Rights and Our RespondbillN After We Receive
Your Written Notice
We must acknowledge your letter thin thirty (30) days,
unless we have corrected the error by en. Within ninety (90)
days, we must either correct the error explain why we
believe the statement was correct.
After we receive your letter, we can
of try to collect any
amount you question, or report you as quent We an
continue to bill you for the amount you uestion, including
Finance Charges, and we an apply any unpaid amount against
your credit line. You do not have to pay any questioned amount
while we are investigating, but you are i till obligated to pay the
parts ofyour statement that are not in 'on.
if we find that we made a mistake your statement, you
will not have to pay any Finance Chary a related to any
questioned amount If we did not make a mistake, you may
have to pay Finance Charges, and you v ill have to snake up any
missed payments on the questioned ts. In either case,
we will and you a statement of the unt you owe and the
date that it is due.
If you fill to pay the amount that vvi think you owe, we may
report you as delinquent However, if o explanation does not
satisfy you and you write to us within (10) days telling us
that you still refuse to pay, we must tell oryone we report you
to that you have a question about your tement, and we must
ten you the name ofattyone we reporte( you to. We must ten
anyone we report you to that the mattei has been settled
between us when it finally is.
Ifwe do not follow these rules, we snot collect the first
$50 of the questioned amount, even if r statement was
cormL
Ifyou have a problem with the ofproperty or
services that you purchased with the , and you have tried
in good faith to correct the problem ' the merchant, you
may have the right not to pay the amount due on
the property or smites. There are two ' imitations; to this right
(a) You must have made the purchase' your home state or, if
not within your home state, within 100 ' es of your current
mailing address and (b) The purchase I Tice must have been
more than $50.
Tbese limitations do not apply if we or operate the
merchant, or if we mailed you the advei ent for the
property or services.
Note for Ohio Residents: The Ohio laws against
discrimination require that all creditors make credit equably
available to all aeditworthy customers, and that credit
reporting agencies maintain separate cr !&t histories on each
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 5
Once Too EareR In Pay By Computer, Pay By Phone Or Any
Other American Express Electronic Ponds Thinder Service
(Hereafter The Vregruse), You WE Be Subject To This
Electronic Funds Transfer Agreement (The "EFT
A6reemene).
Scope of Agreement
This EFT Agreement covers your participation in the
Program. In this EFT Agreement, the words "you and `you'
refer to the Basic Cardmember and also include all Additional
Cardmembers who have enrolled in the Program. The words
'we, out" and -W refer to American Express Travel Related
Services Company, Inc. The words -your American Express
Accounts" refer to your card account governed by you
Cardmember Agreement ('Card Account) or any other
American Express Accounts that we permit you to enroll in the
Program. The words' your BankAccoune'refer to the account
held by a bank, securities firm or other financial institution
from which payment will be made when you make
transactions under the Program. The words *your bank" mean
the bank, securities firm or other financial institution that
holds you Bank Account The words other options" refer to
electronic payment transfer options and/or other ash access
that American Express may make available from time to time,
including the option to pay you Account bill electronically
using a computer, phone or other device.
Your Account is governed by the Cardmember Agreement
that is attached to this EFT Agreement That agreement and
the capitalized term in it also apply here.
Payment for Cash Transactions
Each time you initiate a transaction under the Program,
you instruct and authorize us or our agent to draw a check or
initiate an automated dewng bonne (`ACA') debit in your
name on your Bank Account payable to us or to our agent in
the amount of the transaction. The amount of the transaction
is the amount of the Account bill you paid or other funds
transfer you authorized. phis any applicable fees or charges.
We may charge a fee of $38 for each check or ACH debit
drawn by us or our agent in connection with the Program that
is not honored upon first pteaentmem, subject to applicable
law. You bank may also assess its customary charge for such
items, ff any.
Dishonored Requests for Payments
Many check or ACH debit drawn by us or our agent in
connection with the Program is not honored by your bank we
have the tight to charge the amount ofacysuch transaction,
and the dishonored payment fee referred to above, to the Card
Account or to tolled the amount from you Ifthis happens, we
may caned your right to participate in the Program.
For certain Batik 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 you Bank Account contains
msufficient funds to make payment to us. You should refer to
the appropriate agreement relating to that line of credit for the
terms and qunditions that govern its use.
Liability for Unauthorized Transactions and Advisability of
Prompt Reporting
You must tell us AT ONCE if yet believe a transaction
under the Program has been made without you authorization.
Telephoning is the best way of minimizing passible losses. If a
transaction was unauthorized, and within two days after you
learn about it you notify us that the transaction was
unauthorized, we will not hold you liable for that transaction.
In any event even ifyou fail to notify us, your liability for any
unauthorized transaction or series of related unauthorized
transactions shall not emceed $50. If you believe that someone
has transferred or may transfer money from you Bank
Account without permission, all:
1-800-528-48M (within U.S.) or 1-336-393- 1111 (outside
U.S.) anytime, or write. American Express Credit Department,
P.0. Box 53830, Phoenix, Arizona 85072-3830.
FDR 899917
Our Liability for Improper Transactions or Payments
Ifs transaction is not completed as you have directed or if
we do not complete a transfer to or from your Bank Account on
tine in the correct amount we will research and correct it as
necessary, once you advise us. We will also reimburse you for
your actual lasses or damages, if airy, caused by our amn
However, there are some exceptions. We will not be liable to
you in the following instances:
• if, 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 tta inction,
• 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 EFT
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 ofwhirh was given to you together with your
American Express Card. To view our Privacy Policy online,
please visit americanexpress.com.
How to Contact Us
Iffor 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 aE us as follows:
Address: American Express Travel Related Services
Company, Inc, Electronic Funds Services, P.0. Box 297815, FL
Lauderdale, FL 33329-7815 or e-mail us by clicking on the
Customer Service link online at wwwamerianexpress.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 all us at the number or address given above as
soon as you can ifyou think your statement or receipt is wrong
or ifyou need more infutnation about a tnussaction 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. If you arc 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 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 of the suspected error.
Ifyou tell us orally, we may requite that you send us your
complaint or question in writing within 10 business days' from
the daft you notified us.
We will tell you the results of our investigation within 10
business days" after we hear from you and we w -correct any
error promptly. If we need more time, however, we may take up
to 45 calendar days to investigate your complaint or question.
If we decide to do this we will assure that you bank recredits
you 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 if we
ask you to put your complaint or question in writing and we do
not receive it within 10 business days" following your oral
notification, we may not recredit you Bank Account
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.
If we determine that there was no i
written explanation within three busit
our investigation. Upon your request s
copies of the documents that we used i
we have provisionally recredited your
ition and determine that then
notify you of the date on which we coil
Account and the amount to be debits
certain that your Bank Account contaf
cover this debit If it does not we have
amount to the Account or to collect th
this happens, we may cancel your nigh
Progr-
Termination
We, or any bank or financial butib
Program, may add to or remove from
ATMs or extend or limit the services p
without notifying you beforehand. In i
discontinue the Program at any time.
You right to participate in the Pro
or suspended if the Card Account is a
you cancel the authorization you have
directly charge checks to your Bank At
Account from which payment will be i
transactions under the Program is doi
transactions by us or our agents, if you
Program is inactive for 18 consecutive
the Card Account is no longer in good
In addition to the foregoing, we ton
participate in the Program, at any time
with or without cause, subject to apply
will send you written notice, but we in
notice until after the revocation. We al
authorization for any requested trines
sole discretion, with or without cause,
notice, subject to applicable Lou You a
participation in the Program but you n
us at the address disclosed in the Sects
Agreement entitled How to Conrad U
Prior Agreements and Assignments
This EFT Agreement srpercedes a]
may have with us relating to the Progo
assign this EPT Agreement to a subsidl
at any time.
AMERICAN EXPRESS TRAVEL REI
COMPANY, INC.
Note for Massachusetts Residents
General Disclosure Statement: Ac
provided to you which indicates that al
transfer was made shall be admissible I
transfer and shall constitute prima foci
transfer was made.
The initiation by you ofcertain ela
from your Bank Account will, except of
this EFT Agreement, effectively elimin
payment of the traoafec
UNLESS OTHERWISE PROVIDED
AGREEMENT, YOU MAY NOT STOP 1
ELECTRONIC FUNDS TRANSFERS; T
SHOULD NOT EMPLOY ELECTRONI
PURCHASES OR SERVICES UNLESS'.
THAT YOU WILL NOT NEED TO STO
Discloame of Account Ishrostit
you give us your written authorization
about you, you Account or the hum
any person, that authorization shall so
days after we receive it
Optional Limit on Obtaining W
to request that we limit the total amour
obtain from ATMs in a single day to $5
option we will take all reasonable steps
request
*For Massadwsetts msidents: 10 C41
business days.
Program Description
Return Protection offers you
satisfaction on designated items
rror, we will send you a
eat days after we finish
e will provide you with
i our investigation. If
ankAaount during the
was no error, we will
redebit your Bank
You should make
s sufficient fends to
he right to charge such
amount from you. If
to participate in the
participating in the
:ogam any or all
ed at any location
on, we may
m will be terminated
tilled or suspended, if
en your bank to
unt, if the Bank
de when you make
to withdrawal
artapation in the
inths or more, or if
revoke your right to
at our sole discretion,
able law. If we do so, we
y not send you the
u have the right to deny
ion. at any time, at our
ad without giving you
y terminate your
rst do so by writing to
r of this EFT
prior agreements you
in. We have the right to
uy or affiliate company
tTED SERVICES
V documentation
electronic funds
s evidenceof such
proofthatsuch
tunic funds transfers
otherwise provided in
te your ability to stop
IN THIS EFT
WMENT OF
iEREPORE,YOU
ACCESS FOR
DU ARE SATISFIED
h PAYMENT.
a to Third Pardee If
o disclose information
ions that you make to
>matically expire 45
: You have the option
t of ash that you may
i. Ifyou elect this
o comply with you
radar days instead of
teed product
red entirely with an
individual upon request The Ohio Civil Rights Commission
administers compliance with this law.
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 6
eligible American Express Card. If you try to return a
designated item within 90 days from the date ofpurchase and
the merchant wont take it bade, American Express will refund
the full purchase price, up to $300 per item, excluding shipping
and handling, and up to a maximum of 51,000 annually per
Cardmember Account
How to File a Return Protection Request
Once you have verified that the merchant will not accept
the designated item, call 1-800-297-80I9 within 90 days of the
purchase date to notify us ofyour request Within 30 days from
the date ofyor initial call, we need to receive the following:
• Original store receipt
. American Express Card record of charge
• Any other items deemed reasonable by us to process
your request
Once your request has been approved, you will be
instructed to send the purchased item to us within 30 days.
Please keep a record ofyour shipping statement as you will
need to provide proof ofsldpping in the event that your
designated items are not received. You are responsible for the
shipping and handling charges for the item. The refund - up to
$300 Per item and up to a maximum of $1,000 per
Cardmember 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 Cad Account is past
due for one or more billing cycle(s) or your Card is canceled.
Refunds an limited to $300 per designated item, and 51,000
annually per Cardmember Account. The item must be in %ke
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 Catdmemilm to the merchant from which it was
originally purchased Any item purchased from a merchant
that has an established remW satisfaction guarantee program
which is greater than or equal to the terms of Return
Protection, and provides coverage for clam, 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 will be compensated will not exceed the manufacturer's
suggested retail price.
Items not eligible for a refund are: animals and living
plants; one-of-s-kind items (including antiques, artwork and
furs); limited edition items; going-out-of-business sale items;
consumable or perishable items with limited life spans (such as
perfume, light bulbs, non-rechatgable 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 coins; 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 care items (such as blood pressure 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, stamps and travelers cheeks);cash and its equivalent;
and items permanently affixed to home, office, vehicles, etc.,
(such as garage door openers, car alarms).
If you have any questions regarding a Retum Protection
Request ofthe Return Protection program, please call our
Customer Service Department at 1-800-297-8019.
Description ofCoverage
How the Buyer's Assurance Plan Works
When a Centurion Cardmember charges the entire cost of a
covered product with his or her Centurion Card Account' the
Buyers Assurance Plan will extend the terms of the original
manufacturers warranty for a period of time equal to the
duration ofthe original manufacturers warranty, up to three
additional years, on warranties offive years or less that are
eligible in the US.
How You Benefit
• The Buyers Assurance Plan mirrors manufacturers'
warranties for covered products purchased entirely with
your Centurion Card Account, up to three additional
years.
• When your covered product's manufacturers warranty
expires, the Buyers Assurance Plan takes effect The
Buyers Assurance Plan cannot pay more than the actual
amount charged to your Card for the item, or 510,000,
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
manufacturers warranty ('Occurrence) - at no extra
cost
• For new charged entirely with the Card, the program
administrator will decide whether to have the item
repaired or replaced, or to reimburse you (cash or
credif), not to exceed the original purchase price. The
Buyer's 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
dwelling place.
Key Terms to Know
• Benefits will not be paid if, on the date of Occurrence, on
the date ofdaim filing, or on the date of would-be claim
payment, any amount due on your Centurion Card
Account is unpaid for one or more billing cycle(s) or
your Centurion Card Account is canceled'
• You must provide proof of p urchase 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.
• Ifyou purchase an additional service contract or
extended warranty with a product which is otherwise
eligible under the Buyer's Assurance Plan, and the
combined coverage provided by both the original
manufacturers warranty and the purchased 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 three additional years
after both the original manufacturers 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 Buyer's Assurmce Plan will apply before the service
plan is in effect If the combined coverage of the original
manufacturer's warranty and the purchased service
contract exceeds five years then the product purchased is
FDR 899917
not eligible ender the Buyer's As
coverage applies.
• Ifyou buy in additional service, warranty for a computer, mmpu
that already comes with an origi
warranty, unless such coverage i
administered by the original ma
under the Buyer's Assurance Pla
Products Not Covered
• products not having manufactut
the US.;
• at the time of purchase, used, rel
remanufaetmed items;
• products covered by an uncondi
F--tee
• motorized vehicles (such as cars
boats, airplanes) and their parts,
combustible wear and tea, or in
(including batteries, carburetors
brakes, tires, or mufflers);
motorized devices and their parr
landscaping, demolition or cons
• motorized devices and their pim
additions or fixtures to a residen
building;
• business fixtures, including, but
conditioners, refrigerators, hteate
land or buildings;
• consumable or perishable items;
animal. or living plants;
one-of-a-kind products which a
• items purchased for resale, profe
use;
• items still under installment bulb
purchased from American Expre
Services); and
• products with manufacturers' wi
manufacturers' warranties and s
lasting in excess of five years.
Occurrences Not Covered
• any physical damage, including x
of natural disaster or a power sea
the manuficturerls warranty cov
• Occurrences caused by any oftb
abuse, war or hostilities of arty lei
rebellion, insurrection);confscs
government, public authority, or
of contraband; illegal activity or
contamination;
• mechanical failure covered unde
• all Occurrences that take place o
Assurance Plan coverage dkctiv
How to File a Claim
Remember, you need to report any
immediately. including that for gifts pu
Centurion Card Remember also, you n
receipts, the original manmiicturer's wi
requiring repair until the claim process
also be asked to obtain a repair estimat
1. Call toll-free 1-800-225-3750 to
(overseas, call collect at 1-303-273-649
Note.. You must reportyour claim w
date of Oararcnce.
2. The pmgmm administrator wily
the item repaired or replaced, or to rein
credit'), up to the amount charged to it
exceed the original purchase price. The
does not reimburse for shipping and hs
installation, assembly, or other service
Note: No payment will be made on i
substantiated in the mummer required b)
3. You must return all requested d
days from the date of Occurrence to rei
coverage.
4. For some claims, you may be re
damaged product, at your expense, for
your claim.
Note: If requested you must send in
within 30 days from the date of request i
coverage.
Plan and no
ontract or an extended
er component or pat
a US. manufacturers
provided from and
ufacturer, coverage
does not apply.
rs warranties valid in
uilt, refurbished or
onal satisfaction
trucks, motorcycles,
subject to high risk,
eage stipulations
pipes, hoses, pistons,
shied are permanent
1 or commercial
t limited to air
tot be replaced;
onal, or commercial
;(exceptthose
Merchandise
anties, or combined
vice plan agreements,
image as a direct result
¢, except to the extent
is damage;
following: fraud;
id (eg., invasion,
ion by order ofany
.%stoms official; risks
cis; radioactive
period
cased with the
l to retain your
mty and the product
complete. You may
)tify us of your claim
in 30 days from the
:tide whether to have
use you (cash or
;zed, and not to
eve's Assurance Plan
dam that is not
Insurer.
nentation within 60
i eligible for
to send in the
: evaluation of
ie danaged product
remain digiblefor
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 7
Additional Information for You
The benefits provided under the Buyers Assurance Plan
apply only to you and Additional Cardmembers on your
Centurion Account. Only you and those persons have any legal
or equitable right, remedy, or claim to insurance proceeds
and/or damages under or ari%ng from the Buyers 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 manufacturer or other
responsible party), the Buyers Assurance Plan will continue to
provide coverage, not to exceed three years from the date the
Cardmember is notified of such an even. The Cardmember
may be asked to provide proofin the form cis 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 ('PoIW)
govern the Buyerh 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 Watt.
Kenneth J. Cisk, President Timothy Meehan. Secretary
AMEX Assurance Company AMEX Assurance Company
6717-11-01-Cen
1. For those eligible and enrolled in the Membership Rewards
program, the entire we of a covered product may also be
purchased throwgh refenoon of a Memberrho Rewards
programnrdentption.cerhf sate.
2. Credit reimbursement does not apply to New York State
residents.
3. For thou eligible and enrolled in the Aembership Rewards
program, payntatt or credit will not tread the original assigned
value of the Personal property received though redemption of a
Membership Rewards program redemption arbfxate up to the
stated limits, exclui t d*p-g and han&W expenses,
4. Important wrote for those enrolled in the Membership
Rewards program: A Membership Rewards progrtm redemption
cernfwak an only be redeemed by dgibk Candmembers.
Benefits wigmK bepaid when a Membership Rewmdspmgram
redemption certiftcate has ban transfernrd to non-eligible
Cardmembersand/ornon-Cardmemben
5. Does not apply to New York State residents.
Description of Coverage
Underwritten by AMEX AssuranceCompany,
Administrative Office, 480 Pilgrim Way, Green Bay,
Wisconsin
Purchase Protection provides coverage for Your purchases
for ninety (90) days front the date ofpurchase 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 Benefice section)
Definitions
Certain words used in this Description of Coverage an
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 means a person who has been issued a
United States of Amara 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 Islands.
Covered Incident means the theft of, or damage, whether
by accident or vandalism, to any one item of property
purchased worldwide as a gift or for personal or business use
and charged to Your Account.
Company means AMEX Assurance Compa yry and its duly
authorized agents.
Current and in Good Standing means a Cardmember
Account for which the monthly minimum requirement has
been paid prior to the date in which the claim is payable.
FDR 899917
Master Policyholder means American Express Travel
Related Services Company, Inc
Permanent Residence 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.
Platinum 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,
Inc.).
We, Us, Our mean the Comparry.
You, Your means the Cardmember.
Description of Benefits
We will pay You the expense charged to Your Account up to
$ 1,000 for any one Coveted 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 & 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 ofirim whether declared or undeclared;
2. any activity directly related to and occurring while in
the service ofany 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 activityof any kind by the
Cardmember;
7. confiscation by any governmental authority, public
authority, or customs official;
8. negligent failure of s 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:
I 1. damage through alteration (including, but not limited
to, cutting. sawing and shaping);
12. normal wear and rear, 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 construction site.
For residents of Washington, the first paragraph of this
section is removed and replaced with the following: We will
not pay for loss caused by any of the excluded events described
below. Loss 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 final
event in that sequence.
Purchases Not Covered
The following purchases are not covered:
1. travelers checks, tickets of any kind, negotiable
instruments (including, but not limited to gift certificates, gift
cards and gift checks), cash or its equivalent;
2. animals or living plants;
3. ram stamps or case
4. consumable or perishable her
(including, but not limited to, perfan
5. antique or previously owned i
6. motorized vehicles and water
motorcycles or their motors, equipmi
7. stolen or damaged property a
pair or set Coverage will be limited t
of any particular part or ports, unless
individually and cannot be replaced i
any special value they may have had t
collection;
8. items purchased for resale, pre
use,
9. permanent household and/or
including, but not limited to. carpeur
10. business fixtures, including, l
conditioners, refrigenines, heaters; a
11. hospital, medical and dental i
Claims Provisions
If You experience a loss for which
payable under this Plan, You must pn
Claim andProof of lass.
or damage immediatelyfollowingthe
Incident, including for gifts purchased
Your receipts and Your damaged prop
the claim process is complete.
Notice of Chaim
Notice of Claim should be provide
days ofthe loss. You may contact Us b
stateside 1-800-322-1277 or, if from in
1-303-273-6498. You may also write b
Protection, PO Box 402, Golden, CO d
Failure to provide Notice of Maim
will not invalidate a claim or reduce at
maybe found to be eligible, if it an be
provided as soon as reasonably possib
provide Us with Notice of Claim, 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 di
payable.
For residents of Missouri, no claim
upon Your failure to provide notice wo
unless this failure operates to prejudia
Proof of laws
Proof olLoss requires You to send
We request, at Your expense, in order i
evaluated and that We may make a det
whether the claim maybe paid You a
satisfactory Proof of Loa within thirty
of North Dakota sixty (60) days) after'
with instructions and/or a claim form
Notice of Claim or Your claim maybe r
Loss documentation may be mailed to
provided above for mining 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 docume
not necessarily limited to, the f i1lowiq
1. a Purdu se Protection Claim Pc
2. the original itemized store rece
3. the insurance declaration form
of insurance or indemnity (e.g., 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 t(
Purchase Protection.
No payment will be made on claim
the manner required by Pls.
if all required documentation is no
(30) days (for residents of North Dakol
with limited life spans
light bulls, batteries);
ms;
aft, aircraft, and
% parts or accessories;
misting of amides in a
no more than the value
ie articles are unusable
tividually, regardless of
partof a set or
essional, or commercial
rsiness fixtures,
, flooring and/or tile;
t not limited to, air
I
uipment and devices.
ou believe a benefit is
We both Notice of
r claim, report any theft
ate of the Covered
with the Card. Retain
rty (if applicable) until
to Us within thirty (30)
calling toll-five
=as, by calling collect
Us at Purchase
thin thirty (30) days
rcneflt payment that
own that it was
At the time You
assist You with Your
uctions and/or
rlete and return to Us.
f provide
is required and
mine if benefits an
be denied based
aclh specified time,
right of Us.
is all the information
at Your claim may be
romation as to
rot provide Us with
30) days (for residents
re have provided You
n response to Your
;Hied. Your Proof of
Js at the same address
of Claim. We reserve
id We will not consider
Moss until the
red.
cation consisting of, but
m;
A;
for Your other sources
vner s or renter's
timate for the damaged
n report regarding the
fled with the
file a claim under
not substantiated in
received within thirty
k sixty (60) days) of the
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 8
date of the Covered Incident (except for documentation which
has not been furnished for reasons beyond Your control),
coverage may be denied. It is Your responsibility to provide all
required documentation We request
You may be required to send in the damaged property at
Your expense for farther evaluation of Your claim. If
requested, You must send in the damaged property within
thirty (30) days (for residents of North Dakota sixty (60) days)
from the date of Our request to remain eligiblefor coverage.
PaymentofCLlm
A claim for benefit; provided by this Plus 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 of the Plan.
Any payment made by Us in good faith pursuant to this or
any other provision of this Plan will fully discharge Us to the
extent of Rich payment
If other insurance is available to You which provides the
same or similar coverage as that provided by this Plan, this
Plan becomes excess and We will pay only that portion of the
Covered Incident benefit which is not reimbursed by other
insurance up to Our limits, as provided under the Description
of Benefits section
General Provisions
amp of Permanent Residence
Ifthe change is to a different state, Your Polity provisions
may be adjusted to conform to the requirements of that state.
Clerical Error
A clerical error made by the Company will not invalidate
insurance otherwise validly in force nor continue insurance not
validly in force.
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 Any statement You make is a representation and not
a warranty. This Description of Coverage may be changed at
any time by written agreement between the Master
Policyholder and the Company. Only the President Vice-
President or Secretary 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 or waive 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 under acy 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 ofsuch loss is
in excess of the amount of such other insurance which is
payable or paid.
Fraud
If arty request for benefits made under the Plan is
determined to be fraudulent or ifacy fraudulent means or
devices are 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 rely, if the
concealment or misrepresentation is material and is made with
the intent to deceive; or 2. concealed or misrepresented any
fact if the fad misrepresented contributes to the loss.
Legal Actions
No legal action may be brought to recover against this Plan
until sixty (60) days after Proof of Loss has been received by
Us. No such action may be 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 Recovery
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 ofthe
recovery and reimburse Us to the ernm 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 of any payment under this Policy, We shag be
subrogeted to the extent ofsudn payment to all You rights of
recovery. You shall execute all papers required and shall do
everything necessary to secure and preserve such rights,
including the execution of such documents necessary to enable
Us to effectively bring suit or otherwise pursue subrogation
rights 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 Louisiana, the Right of Recovery,
Subrogation and Excess Coverage sections are revised to
reflect: 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 Compsio right to recover is subordinate to the
Cardmembels 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 50
United States of Amain, the District of Columbia, Puerto Rico
or the U.S. Virgin Islands; 2. the date We determine that You or
someone on Your behalfintentiomally misrepresented or fraud
occurred; 3. the date the Policy is cancelled; 4. the date You
are no longer a Catdmembe 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 prier to termination or cancellation
subject to all other terms of the Policy.
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 You 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, bandits 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 expenses. Benefits will not be paid when a
Membership Rewards redemption certificate has been
transferred to a non-eligible Cardmember or non-
Cardmembers.
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
document Plenm mad It and keep it In a safeplaa.
IN WITNESS WHEREOF, We have caused this Description
of Coverage to be signed by Our officers:
Kenneth 1. Ciak, President Thomas R. Moore, Secretary
AMEX Assurance Company AMEX Assurance Company
PP-DOC-CCSGI 02/07
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 sanding a written notice at lout 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
FDR 899917
advance to You at Your last known add les. The notice will
include the reason for cancellation.
PP/EW-RDRI-KY 05/07
Applicable for Residents of the State of Oregon
In the Excluslons section the folio ' are removed: 4.
violation ofa criminal law, offense or' ; 6. fraud or
abuse or illegal activity ofany kind by I he Cardmember;
The Proof of Loss section is hereby removed in its entirety
and replaced with the following
ProofttfLesa
Proof of Loss requires You to send all the information
We request, at Your expense, in order Your claim may be
evaluated and that we may make a as to
whether the claim maybe paid. You provide Us with
satisfactory Proof odLoss within (90) days after We have
provided You with instructions and/or claim form in
response to Your Notice of Claim orY claim maybe denied
Your Proof ofLoss documentation maO be mailed to Us at the
same address provided above for Your Notice of Claim.
We reservethe right to request all the' on We deem
necessary to determine that You ' le, and We will
7
not consider 69 We haverYaived oofofLoss
until the information We have req ived.
,6
Proodof Lass may require docume tats consisting of, but
not necessarily limited to the followin -, 1. Purchase
Protection Claim Form; 2. the original itemised store receipt;
3. the insurance declaration forms for our other sources of
insurance or indemnity (e g„ homeow els or renter's
insurance); 4. a photograph of and/or epair estimate for the
damaged property; and 5. or theft and vandalism claims, a
report regarding the stolen or vandalize d property must be
filed with the appropriate authority b re You call to file a
claim wider Purchase Protection
No payment will be made on clum- not substantiated in
the manner required by Us.
If all required documentation is noi received within ninety
(90) days of the date of the Covered Inc ident (except for
documentation which has not been far aidied 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 farther evaluation of our claim. If
requested, You must send in the d property within
ninety (90) days from the date of Our uest to remain eligible
for coverage.
PP-RDRI-OR 05/07
Applicable for Residents of the State Of South Dakota
The Legal Actions section is hereby removed in its entirety
and replaced with the following
Legal Actions
No legal action may be brought to :cover against this Plan
until sixty (60) days after Proof of Loss been received by
Us. No such action may be brought aft six (6) years from the
time Proof of Loss is required to be gi .
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 can the Policy at any time
by sending a written notice at kast fort r 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) in advance to You at
Your last known address. The notice w 11 include the reason for
cancellation.
PP/EW-RDRl-VT 05/07
Underwrittsn by AMEX Awmance
Administrative Office, De Pere,
(Herein called `the Company-)
Description of Coverage
Covered Persons: A person shag be Covered Person under
the Blanket Master Group Policy AX09 (the '°Policy ") only if.
1. he or she is:
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 9
a. For$100.400covenp, a Basic or Additional
Cardmember who has any ofter follotringCards, or the
extended payment account offered in conjunction with any of
the f illowhmg, issred by American Espreas 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 American Express' Rewards Gold Card, American
Express' Preferred Rewards Gold Card, American Express'
Business Cud, American Express' Cash Rebate Card,
American Express' Community Business, American Express'
Credit Card, American Express' Investment Management
Account Gold Cad American Express' Costco Cash Rebate
Credit Card, The American Express' Castco Card PC):
American Express' Coatco Business Card, Bank of Hawaii
Credit Card from Amman Express, Bank of Elam Gold
Credit Card from American Express, Best Rau Card, Blue for
Business from American Express, Blue for Stmients", Blue
from American Express, Business Capital Line from OPEN
from American Express", Business Gold Card from OPEN
from American Express", American Express' Business
Management Account from OPEN from American Express",
Business Membership Rewards' Cud, American Express'
Business Purchase Account from OPEN from American
Express", Buyels Bonus Card, Continental One%u Credit
Card from American Express, Corporate Card from OPEN
from American Express" mcludimg beginning with Account
number 37134, American Express' Business Cash Rebate Card
from OPEN from American Express", Corporate Costco Card
from OPEN from American Express"', Delta SkyMiles'
Business Credit Card firm OPEN from American Express",
Gold Delta,*Miles' Buiness Credit Card from OPEN from
American Express", Delta SkyMiles• Credit Card, Delta
SkyMiles' Options Card, American Express Executive Business
Card from OPEN from American Express", Gold American
Express Portfolio Credit Card, Gold Card, Gold Delta Skyh iles'
Credit Card, Gold Senior Cud, Gold Student Cud,
Membership Rewards' Credit Card from American Express,
Membership Rewards Options" Credit Card from American
Express, National Multiple Sclerosis Credit Card, Optima' Card
Accounts, Optima' Cash Rewards card, Opurne 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 Cud, Platmum Delta SkyMiles• Credit
card. Platinum ShopRite Credit Card from American Express,
Starwood Preferred Guest Credit Card from American Express.
The American Express' Golf Card, The Piddity American
Express' Card The Fidelity American Exprese Gold Cud, The
Hilton HHonore Platinum Credit Card from American
Express, Binghamton Savings Bank Gold Credit Card from
American Express, Binghamton Savings Bank Business Credit
Card from American Express, The New York Knidcs Card from
American 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
Candiu tuber who has a Rewards Plus Gold Card, Corporate
Rewards Plus Gold Cud 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, or
c. For $soo,000 coverage, a Banc or Additional
Cardmember who has a Platinum Card', Fidelity American
Express Platinum Cud', American Express ' Investment
Management Account Platinum Card American Express
Business Platinum Card' from OPEN from American
Express", Lens Platinum Card', American Express Platinum
Financial Services Card, I.ACIIDC Platinum Card 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 Platinum Cud Account; or
d. For $I,SOO,OOO coverage, a Basic or Additional
Cardmember who has a Centurion Cud, American Express'
Business Centurion Card' from OPEN from American
Express- or the extended payment account offered in
conjunction issued by American Express Travel Related
Services Compare, 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 any 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 shall 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 da Basic
Cardmember for use in connection with the Basic
Cardmembers American Express Card account
American Express Card shall mean, 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 departure and the foal destination as shown on the
Covered Persons 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 Card account prior to any Injury
.
Domestic Partner meats a person tithe 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 Cardinember by
blood closer than would bar marriage per sate law; and
5. is financially interdependent with the Basic or
Additional Cardmember and documentation of mutual
financial support such as copies djoint home ownership or
lease, common bank accounts, credit ardor or investments an
be supplied.
Injury means bodily injury which:
t. is cawed by an Accident which occurs while the
Covered Persons insurance is in fora under the Policy; and
2. results in Lou insured by the Policy; and
3. creates a Lou due, directly and independently of all
other causes, to such accidental bodily injury.
Permanent Residence means the Covered Persons one
perry dwelling place, where the Covered Person
permanently resides.
Benefit Amounts
As a benefit of Cardenembership, the Covered Peron will
receive a benefit level of 5100,000 - $250,000,- $50 OOO -
$1,500,000 depending on the type ofAmerican Express Card
account used to charge the Common Carrier Conveyance fare for
the Covered Tliµ Please refer to the Covered Permits section of
this Description ofCoverage. If you arc still unsure what benefit
level of COt-W applies to)-Americm Express Card please
contact the Customer Service Center toll-fine number listed on
the basic of your Card also shown on your Card ltatement.
Table Otlaiset
Loss of Life $100,000 $250,000
Dnnemberment
loss dboth hands or both feet $100,000 $250,000
Loss of one hand and one foot $100,000 $250,000
Loss Bemire sight dboth eyes $100,000 $250,000
Loss of entire sight done eye
and one hand or one foot $100,000 $250,000
Loss of one land or one foot $50,000 $125,000
Loss of entire sight done eye $50,000 $125,000
Tableof Losses
Lossofl.ife $500,000 $11500,000
Dismemberment
Loss dboth hands or both feet $500,000 $1,5110,000
Loss done hand and one foot $500,000 $1,500,000
FDR 899917
Low ofentire sight ofboth eyes
loss ofentire sight done eye
and one hand or one foot
Loss done hand or one foot
Loss of entire sight done eye
Loan w used above with reference
complete and permanent severance it
or ankle joint, and as used with refers
irrecoverable loss tithe entire sight o
$100,000 - $250,000 - $500,000 - $
Maximum Indemnity per Covered I
In no event will multiple America
the Company to pay for more than on
one individual Covered Person as a re
The Company's obligation under the I
according to the highest amount pays
American Express Card actually used
Carrier Conveyance fare for the Covet
Benefit Amounts.
In no event will a Loss from an Inj
fora under the PolicyAX0948 obligal
benefits under Policy AX0949, the Co
Accident insurance polity, in Widen
by the Company under the Policy AM
Express Cards listed under this Policy
under Policy AX0949.
Accidental Death and Dismemberm
The Company will pay the applies
determined from the Table of Losses i
suffers a Los from an Injury while co
the Policy; but only if such Lass occur
the date tithe Accident which caused
be paid for the greatest Loss. In no ew
for more than one Loss sustained by d
result of any one Accident
Description of Benefits
Common Carrier Beaefft: This B
Covered Person sustains Injury as a re
occurs while riding solely as a pass mI
alighting from or being struck by a Cc
Conveyance used on a Covered Trip.
Exposure and Disappearance
If the Covered Person is unavoolal
elements because elan Accident on a
results in the disappearance, inking c
Common Carrier Conveyance, and ifi
exposure, the Covered Person suffers L
are otherwise payable under the Polio
covered under the Polity.
If the Covered Person disappears t
a Covered Trip which results in the du
wrecking tithe Common Carrier Con
Covered Person's body has not been fe
after the date of such Accident, it will l
there being no evidence to the contra
Person suffered Loss oflife as a result
Policy.
Coverage Requirements
A Covered Person will be fully turn
the Policy while taking a trip on a Con
Conveyance only when the fare has be
specific American Express Card Ebgd
remain in effect as long as the defnitu
met
Premiums
The premium for this coverage is I
Express.
Exclusions
This Policy does not cover any Los
to by (1) intentionally self-inflicted Inj
attempt thereat, while sane; (2) war or
declared or undeclared; however, any,
agent deny government, party, or fu
hostilities, or other warlike operations
acting secretly and not in connection i
armed forces (whether military, naval
country where the Injury occurs shall
war; (3) Injury to which a contributor,
commission nor attempt to commit a
behalf tithe Covered Person or his/he
$1,500,000
10.000 $1.500,000
41000 $750,000
a,ooo $750,000
hand or foot means
ugh or above the wrist
: to eye means the
ich eye.
Express Cards obligate
Loss sustained by any
31t of any one Accident
dicy will be determined
le under the specific
) charge the Common
d Trip as stated in the
while coverage is in
lie Company to M
any's Business Travel
arty benefits payable
8. The American
not receive coverage
benefit amount as
rage is in fora under
ithin 100 days after
e Injury. Benefits will
will the Company pay
Covered Person as the
efit is payableif the
t elan Accident which
in, or boarding, or
non Carrier
i exposed to the
rvered Trip which
wrecking of the
aresultdsuch
Loss for which benefits
such Loss will be
:cause of an Accident on
ipearance, sinking or
yang, and if the
id within 52 weeks
presumed, subject to
that the Coveted
Injury covered by the
d for benefits under
on Carrier
charged to the
ty for coverage will
of a Covered Person is
American
caused or contribmed
ry, suicide or any
committed by an
i engaged in war,
ovided such agent is
h any operation of
air forces) in the
: be deemed an act of
Luse was the
(legal act by or on
eneficiaries; (4) Injury
m-
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 10
received while serving as an operator or crew member of any
conveyance, (5) Injury received while driving, riding as a
passenger in. boarding or alighting from a rental vehicle, or (6)
sickness, physical or mental infirmity, Pregnancy; or any
medial or surgical treatment for such conditions, unless
treatment of the condition is required as the direct result of a
covered Injury.
Beneficiary
A Basic Cardmember may designate a beneficiary or
change a Previously designated beneficiary for himseWherself
and his/her spouse/Domestic Partner and dependent children
who are not also ]hair or Additional Cadmembers. An
Additional Cardmember may designate a beneficiary
for himseif/hendf and his/her spouse/Domestic Partner and
dependent children who are not also Basic or Additional
Cardmembess or spouses/Domestic Partners or dependent
children of Basic Cardmembers. No persons other than those
stated above may designate or change a previously designated
beneficiary. For 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 ofthe date it was
signed by the designator provided that u his been received by
American Express, but any payment ofproceeds made by the
Compaq prior to receipt of such desigraton of change 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 Boa 19018, Green
Bay, WI 54307-9018 within 20 days after the occurrence or
commencement ofany Loss covered by the Policy, or as soon
thereafter as is reasonably possible- Notice given by or on
behalf of the claimant to the Company at its Administrative
Office, or to any authorized agent of the Company, with
information sufficient to identify the Covered Person shall be
deemed notice to the Company.
Payment of Claims
Benefits for Loss of life of a 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 than one beneficiary is designated and the beneficiaries'
respective interests an not specified, the designated
beneficiaries shall share equal4 if no beneficiary has been
designated, or if the designated beneficiary does not survive
the Covered Person, the benefits will be paid to the first
surviving class of the following: l) spouse or Domestic Partner;
2) children, equally per stirpes; and 3) the estate.
In determining such person or persons, the Company may
rely upon an affidavit by a member ofacy of the classes of
preference beneficiam described above. Payment based upon
any such affidavit shall fully discharge the Company from all
obligations under the Policy unless, before such payment is
made, the Company has received at its Administrative Office
written notice of a valid claim by some other person(s). Any
amount payable to a minor may be paid to the u inoes 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 Express", 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 Policy.
Kenneth J. Ciak, President Timothy Meehan. Secretary
6713-11-01-COM
Nonce to Florida Residents Only. The benefits of the
Policy providing your coverage ace governed primarily by the
laws of a state other than Florida.
1. If, after reading this Description of coverage, you an still
unsure what benefit level of aoterage appim to yourAmerican
Express Card, please contact the Customer Service Center toll-
free number listed on the back of your Card, also shown on your
Card statement.
FDR 899917
Description of Coverage
Car Rental Loss and Damage Insurance provides the
Cardmember, if the Candmember is the primary rarer, (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 pay for an auto rental from any
Commercial Car Rental Company (`Rental Company-) other
than those located in Australia. Ireland, Israel, Italy, Jamaica,
and New Zealand.' This coverage is always elm insurance.
Rental Auto means a four-wheeled, two-awk passenger-
type motor vehicle, designed for and sold to accommodate
private passenger transport on public roads.
Who is Eligible for Coverage
You are eligible for coverage if.
1. You area Bask or Additional Cardmember and an
American Faprese Card or Optune Card in association with
that Card (the 'Card) has been issued to you in your name;
2. You are ofan account status and class that is provided
Car Rental Loss and Damage Insurance as a benefit of
Cardmemberslip ("Cadmember");
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 of America, the District of Columbia, Puerto Rico
or the U.S. yngin Islands.
Permanent Residence means the Covered Persods one
primary duelling 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 a receiving student
benefits provided as a benefit of Cardmembership is not
eligible for benefits under this Polity.
Commercial Car Rental Company or Car Rental
Company means any commercial car rental agency which
rents Rental Autos.' For the purposes of this Description of
Coverage, Commercial Car Rental company means "Rental
Company."
How to Activate Coverage
Coverage for theft of or damage to a Rental Auto is
activated when the Cardmember.'
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 bythe Rental Company;
3. is the primarytemer, 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 of the 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 contimses in effect while the Cardmember
remains in control and possession of the Rental Autos A
Cardmember, who is physically challenged and unable to
operate the Rental Auto, maybe the Primary Renter ifhe/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 ofthe 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 coverage be provided when the
Cardmember rants a Rental Auto beyond 30 consecutive days
from the same Rental Comparrh regardless of whether the
original agreement is extended, or a new written agreement is
enteral into 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 outofa45-day period within the same
geographic anrkeUloatim (75 mile radius).
What is Covered
Car Rental Loss and Damage Insur
Cardmember for payments for damage
Auto that the Cardmember is required
of 1) the actual cost to repair the Rent,
Book value minus sainge and deprecit
purdnu invoice price of the Rental At
depreciation costs. The coverage also n
Cardmember for reasonable charges (f
the closest facility that an usual and a
in which the loss or disablement took1
Rental Company, such as towing or sto
Lou odUse means the umavaikabili
consequent loss of reweave by the Rent
damage or theft. Unless otherwise regt
Company must submit a fleet utilizatio
during such time.
1. no other Rental Auto was avails
2. there was a demand for a Remo
Car Rental Loss and Damage Insur.
type ofloss. For example, in the event(
the Cardmembees Rental Auto, damag
car or the injury of anyone or anything
Note: This policy does naprovide h
coverage such as UninsuradMotorisb, b
worker's Compensation taw, Disatibty I
mandated Government Plans.
What Excess Coverage Means
Car Rental Lass and Damage Insure
insurance plan. This means that this a
reimburse the Cadmember only for to
covered by plans, such as a partial colic
personal auto insurance, employer's au
reimbursement plan or other sources o
other plans apply, a Grdmember must
reimbursement and receive a determin
stated terms of such other Plus, that a
provide coverage before this excess cow
Cardmember.
Vehicles Not Covered
Car Rental Loss and Damage Insur
rentals of
1. expensive can, which means ca
manufacturer's suggested retail price of
new,
2. exotic cars regardless of year or
limited to Chevrolet Corvette, Toyota S
Dodge Vlpa and Stealth, Plymouth Pro
GT, Nissan 300 a Jaguar XIS, Acura 1
S Coupe and E320 Coupe and Converd
Series, Cadillac Allante and all Porsche,
Maseseti, Aston Martin. Lotus. Bugatti,
Bentley; Rolla Royce,
3. trucks, pick-ups, cup vans. cis
4. full-sized vans, including but nc
Econoline or Club Wagon, Chevy Van o
Vendors and Rally, Dodge Ram Vans in
5. vehicles which have been custos
the manufacturers tactorv soecificatior
6. vehicles used for hue or comm
7. mini-vans used for commercial
Note: Passenger Mini-Vans (not Ca
factory *-# W ad seating utpaciity of 8 p.
including but not kmftd to Dodge Can
Ford Windstar and Nissan Quest; are a
personal or business use only.
8. antique cars, which means cars
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. sport/utflity vehicles when dm
Note: Compact sportUifity wehrcfes
limited to Ford Explore, Jeep Grand Ch
Pathfinder, Toyota Four Runner Chevn
7iooperand Rodeo are covered when di
ice reimburses a
o or theft of a Rental
n make, up to the leaser
Auto, 2) the wholesale
on coats, or 3) the
t minus salvage and
mburses the
:omary in the vicinity
ice) imposed by the
ge and Loss of Use.
ofa Rental Auto and
Company due to
ed by law, the Rental
log indicating that
Auto.
rice covers no other
7a collision imrolving
to any other drivers
a not covered.
underany
law or other
ce is an excess
ss coverage will
es/expenses not
rn damage waiver, any.
insurance or
nsurance. When these
rat seek payment or
ion based on the
such Plans do not
acre will reimburse the
ace does not cover
with an original
$50,000 or more when
alue, including but not
pro, Mazda RX-7,
rler, Mitsubishi 3000
7C, Mercedes SL, SLY,
e, BMW M3, Z3 and 8
?errai, Lambo%hini,
Vector Shelby Cobra
rim vans;
limited to, Ford
Spa team, GMC
l Ram Wagons
imd or modified from
except for drivers
hallenged;
ial purposes;
s Mid- Vans) with
rengers or less,
an, Plymouth Voyager,
end when rented for
act are 20 years old or
ore years:
eluding but not
hoe and Yukon, Ford
red Cruiser, Lexus
onto,,
'off-road"; and
ncluding but not
okra, Nissan
t Blazerandlsuzu
en on paved roads.
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 11
I-V
12. off-road vehicles, motorcycles, mopeds, recreational
vehicles, golf or motorized arts, campers, trailers and any
other vehicle which is not a Rental Auto.
Losses Not Covered
Car Rental Loss and Damage Insurance does not cave
losses caused by or contributed to by:
1. operation of the Rental Auto in violation of the terms
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 tams of the rental
agreement was in popnsion or control of the vehicle, or,
driving the vehicle outside of the authorized rental territory);
2. leased or mini-leased vehicles:
3. wets attributed to the Commercial Car Rental
Compass normal course of doing business;
4. intentional 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. alwlwl intoxication on the part 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;
10. radioactivity;
11. confiscation by authority;
12. wear and tear, including gradual deterioration;
13, damage which is due and confined to fencing,
mechanical or electrical breakdown or failure unless such
damage exults 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 -road operation of the vehicle.
Car Rental Loa and Damage Insurance does not Cover, and
benefits will not be paid for:
1. sales tax related to repair of damages, unless
reimbursement of such sales tax is required by law;
2. damage to any vehicle other than the Rental Auto;
3. damage to any property other than the Rental Auto,
owners property, or items not permanently attached to the
Rental Auto;
4. the injury of anyone or anything:
5. expenses assumed, waived or paid for by the Rental
Company or its insurer;
6. expenses covered by the Cardmember's personal auto
insurer, employer or employers insurer, or authorized drivels
insurer;
7. value added tax or similar tax, unless reimbursement of
such tax is required by law;
8. diminishment of value-,
9. any Rental Auto used for hire or commercial purposes:
and
10. depreciation, unless reimbursement for depredation is
required by law.
How to File a Claire
Notification of damage, including vandalism, theft, or an
accident must be reported to the appropriate law enforcement
agency as soon a reasonably possible. This requirement
applies regardless of whether the Rental Auto a involved with
other vehicles. Failure to notify may result in denial of benefits.
If a loss occurs, a Cardmember should promptly notify the
Car Rental Loss and Damage Claims Unit boll 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 Loss and Damage Claims Unit, PO Bent, 94729,
Cleveland, Ohio 44101-4729. If the proof of loss and other
documentation is not received within 60 days tithe date of
Ions, 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 Cardmembet's, authorized drivers 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 Rental Company;
8. a copy of the Rental Company s utilization log;
9. a copy of the drivers license ofthe Cardmember and/or
authorized driver, unless the drivers 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).
Cardmember cooperation with issues related to their
benefits is required. If all required documentation is not
received within 180 days of the date ofloss (except for
documentation which has not been furnished for reasons
beyond the CardmemWs 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 Cardmemba;
except that payment maybe made, at the discretion of the
Insurer, jointly to the Cardmemba and the Commercial Car
Rental Company when the Car Rental Company has not been
reimbursed for the covered leas 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 ofpotenhal claim payment,
any amount due on Your Card account is past due or Your Card
is cancelled'
Rights of Recovery
In the evert 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 time rigbts 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 Insurers payment
As a condition precedent to coverage, the Cardmember is
required. and has a duty to fully cooperate with the Insurer in
any investigations, 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 Cardmember is served with suit and/or summons
papas relating to a Car Rental Loss 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
'Policy-) issued to American Express Travel Related Services
Company, Inc. and its participating subsidiaries, affiliates and
licensees. The Policy may be changed or terminated.
Ibis Description of Coverage is an important document
Please keep it in a safe place. Although it describes the present
FDA 899917
form of insurance as it exists at the ' e of printing, this
document is not the Policy or contract of insurance. The
benefits descdbed in this document subject to all of the
tams, conditions and esdiu ens of Policy issued by the
underwriter. This document replaces y prior Description of
Coverage under the Policy which may have been furnished to
the Cardmember.
,0101
Kenneth J.
Ciax President Pauli
.Johnston, Secretary
AMEX Assurance Company Assurance Company
CRLDI-DOC-CCSG 11/05
1. For those digible and eaolled in M
Membership Rewards redemption art
provided only to RentalAudos rented is
2 When used in conjoredon with a A
redemption art fiats theparticipatbt
are limited to hertz, National and Bud
3. If digible and emotlad in Memfxrs!
also activated when the Cardmember (
Rewards redemption certificate and (2,
Rewards redemption certificate at a pa
CarRe"Company Important tote fi
Membership Rewards: AMembsrd* 1
certificate can only be redeemed by efig
Benefits will not be paid when aMemb
redemptfoti cert f)cate hat been b-f-*
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:
lithe Company makes any psymet
the Cardmember has the right to reom
another, the Company shall be subrop
However, the Company's right to rewv
Cardmembed right to be fully comps
CRLDI-RDRI-LA 11/05
Additional Information for Resideni
Under Loam Not Covered, item r
with the following:
Car Rental Loss and Damage Insur
losses caused by or contributed to by:
5. violation of criminal law, or con
act, whether cited or charged:
Under Lena Not Covered, item r
with the following:
Car Rental Loss and Damage Win
losses caused, by or contributed to by:
7. consumption ofalcohol at or iv
alcohol level for a fehnry conviction in
which the Accident occurred;
CRLDI-RDRI-SD 11/05
Additional Information for Resident
Under Losses Not Covered, the fol
removed:
7. alcohol intoxication on the pare
in the state where the Accident occurs
CRLDI-RDRl-VT 11/05
Additional Information for Resident
Under Losses Not Covered, the fol
removed:
5. illegal activity, such as lasses W,
used for, or involved in illegal activity i
7. alcohol Intoxication On the pall
in the state where the Accident occum
8. voluntarily taking any drug or i
influence or effect of that drug (unless
administered by a Doctor):
Under Loaa Not Covered, the fol
I a. The use of the Rental Auto for i
transportation ofliquor in violation of
is under the influence of an inturiant
substance or controlled substance anal
thereof, or under the influence ofany (
which renders him or her incapable of
the combined influence of an intoxicar
a degree which renders him or her inn
or any use of the motor vehicle in a rec
nbershipRewards, ifa
:ate is used coverage is
he UnftedStates.
Car RmWCompanies
t.
P Rewards, coverw is
presents a Membership
sees a MemberAO
those enrolled in
wards redemption
Is C1rdmembm
ship Rewards
ed to non eligible
dents.
of Louisiana
placed with the
under this Policy and
r damages fium
eel to that right
: is subordinate to the
ated.
of South Dakota
mber 5, is replaced
e does not cover
ission of a criminal
ber 7. is replaced
e does not cover
:ess ofthe legal blood
state or locality in
of Vermont
caving item is hereby
dthe driver, as defined
of Wisconsin
swing items are hereby
,re the Rental Auto was
felony;
tithe driver, as defined
ting under the
ken as prescribed or
sing item is added:
awful purposes, or for
v, or while the driver
a controlled
, or a combination
er drug to a degree
Wy driving, or under
nd any other drug to
ible of safely driving,
ss manner.
9
FDR899917.gxp:FDR815199 10/30/07 7:44 AM Page 12
CRLDI-RDRI-WI 11/05
Additional Information for Residents of West Virginia
Under How Benefits are Mid, the Footnote, to the note
that reads:
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 amount u past due or Your Card
is cancelled is hereby revised to read as follows:
Does not apply to West Virginia and New York State
residents.
CRLDI-RDRl-WV 11/05
FDR 899917
e
American Express
EXHIBIT `B„
RKAN
Blue Cash®
from American Express
Prepared Fa
DENIS M DUMM
Aomnt Number
XXXX-XXXXX5-81003
Now Acuvny S
Inc, AdAwknerits and
Prevb A Balance S PW"Wd Adlvlb S Finance charges y any Now Balarm S
y ? .
Cbalnp Date
04/11/10 Page 1 of 3
Minimum Pa m nt Due Date
Amount Due $ A!!A@ An
13,317.11 0.00 +2181=13
53511 VJn? ?V
,
Minim m Amount Due
Inci
Past du amount
$822.
This m th's amount due
$271.
Please r efer to page 2
for impo rtant information
regardin g your account
Late Payment Warning: If we do not receive your Minimum Amount Due by the Payment Due Dat e listed above,
you will have to pay a late fee of up to $39.00.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay m ore in
interest and it will take you longer to pay off your balance. For example:
Only the 30 $30,583
Minimum Amount Due years
If you would like information about credit counseling services, call 1-866-391-5446.
Credit Line Total Credit Available Credit Cash Advance Available Cash
Summary Line $ Line $ Limit $ Limit $
on 04/11/10 13,400.00 0.00 0.00 0.00
Your account is past due and overtimit. Pay at least $1,093.00, plus any additional charges incurred since the
date of this billing statement. To help manage your spending you can sign up for Account Alerts at
americanexpress.com/alerts.
IMPORTANT INFORMATION ABOUT THE BILLING STATEMENT. The payment coupon has chan 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 n of the
our
mana
e
.
.
account online or to pay your bill, please visit us at americanexpress.com. For general servicing o g
y
additional
contact information, please see the reverse side of this page or call the number on the back of your card.
+ Pwm fold on One perforatlon below, detach and return with your payment + Cont(nu ed on Page 3
Do not staple or use paper clips Account Number Payment Due Date To Pay Y Computer, visit:
Payment Coupon XXXX-XXXXX5-81003 05/06/10 america express.com/pbc.
Enter ac count number on
New Balance all docu ments.
' $13,535.11 Make c *ck payable to
America Express.
DENIS M DUMM Minimum Amount Due
$1
093.00
oon
Charge
n
y
,
CSA INC/21ST FLOOR
s ide for
r
e ea
12700 PK CENTRAL DR a descri lion of when
DALLAS TX 75251 addition I Finance
$ Chargm are not assessed
e I on Pun; axes.
Amount enclosed Check h re if your address
or phon number has
Mail Payment to: cha
??il?'?I'1?'ililil'll?l?dlllh?ll?l'i'?I?'llll'I'I'llll"I?Illh ?rse . Note changes on
ide.
AMERICAN EXPRESS
P.O. BOX 650448
DALLAS TX 75265-0448
0000349990958866032 001353511000109300 08 d
Prepred For Account Number Page 2 of 3
DENIS M DUMM XXXX-XXXXX5-81003
Payments: Payments received after 5:00 p.m. may not be credited until the next day. Payments must be sent to the
payment address shown on your statement and must include the remittance coupon from your statement. Pats must
be made with a single check or draft drawn on a US bank and payable in US dollars, or with a negotiable instrument
payable in US dollars and clearable through the US banking system, or through an electronic payment method payable in
US dollars and clearable through the US banking system. Your Account number must be included on all payments. If
payment does not conform 1D these requirements, crediting may be delayed and additional Charges may be imposed. If we To Pay By Phone
accept payment made in a foreign currency, we will cltoose a conversion rate that is a to us to convert your
1-8W-4
pa
ment into US dollars unless a
articular rate is re
uired b
law
Please do not send
ost-dat
d ch
Th
ill b
72-9297
y
.
p
q
y
p
e
ey w
ecks.
e
deposiced upon receipt. bur aoceptanoe of any payment marked with a restrictive legend will not operate as an accord and
satisfaction without our express poor wrftten approval
Autihorization for Electronic Debit: We will process checks Custorr
Or Service and
.
electronically at first presentment and any re-presentments by transmitting the amount of the check, routing number, Lost or
acr cunt number end check serial number to your financial inat?tutw
n, unless the check is not prooesseble electronically or a 1-888- Stolen Card
UE-741
t
oostiy
avai?By submitting
ure us to initiate an electronic debit from your 24 hou
i e
?
ron?
a days
nt
i
ur ch
le
d
il
a
process yo y yo p yment may be debited to your bank or lisset
acxount as soon as the same da
we receive
our check
and
ou we l not receive that
n
ll
d
h
k
ith
b
k
y
y
,
y
ca
ce
e
c
ec
w
your
an
or Expre
asset account statement
If we cannot collect the f
nds el
ctronic
ll
e ma
i
d
ft
i
t
b
k
t Cash
.
y w
y
u
e
a
ssue a
ra
ns
aga
your
an
or asse
1-800
account for the amount of the check. Authorization for Electronic Payments: By using the American Express Pay SH-NOW
By Computer, Pay By Phone or any other American Express electronic payment service, you will be authoring American
Express to initiate an electronic debit to the financial account you specify in the amount you request. Payments Inferno
1-336-3
i
d
ft
8
00
MST
T
b
i
d
il
h
d
oral Collect
43-1111
ve
a
er
rece
:
p.m.
may not
e cred
te
unt
t
e next
ay.
o use Pay By Computer, plesse visit us at
'
www.ama
geom. Finanbe Charges: Average Daily Balance (ADB) Method for Calculation of Finance
Char
Head
es (FC): use the ADB Method to calculate FC on
our Account
Under this m
th
f
d
th
FC
Im
aired
g
.
y
e
we
igtma
o
on your
e
Account b
a
l
in
th
D
l
P
ri
di
DPR
R
t
t
th
ADB
d
ib
l
f
d b
t
g
i
h F p
EST
y
y
oo
v
a
e
a
e
o
c
a
e (
)
o
e
(as
escr
ow)
or eac
e
e
am
ea
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ncluding current (
transactions
t dni
parodic rates may be ap?ied to separate Feature balances
To
et the ADB for each TTY )
800
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feature, we 1) take the bs?rtmin balaroe far each day (including unpaid FC from previous billing per?ds) (2) add any FAX:
new trio debits crises )subtract any payments or kxerfts and (4) make any appropriate adjustments. For each In NY: -
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day alter d?e clay ollrie bilkng perod nee also add an amount of Interest equal to the precious day's daily balance
multiplied by the DPR for the Feature. This gives us the daily balance for the Feature for that day and thnning
Large
balance for that Feature for the next dayplf?tth?ids balance is negative ft is considered to be zero. Then, we add up all d?iffy
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additional FC on frstures included in this New Balance. If you multiply the AD$ 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
d
T
cause
by rounding.
he total FC for the bill gppeeriod is calculated by adding the FC assessed on all Features of
the Account
This method of calculatin
the ADB and FC results in dail
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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 b
us or our a
ents
Unless a
articular rate is re
we will amen
uired b
licable law
a
nexpress.coi
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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 ggreater than (a) the highest official conversion rate published by a government Custom
b
h
i er Service
agency, or (
) t
e highest infabank convers
on rate identified by us from customary banking sources, on the P.O. Bo 981535
conversion date or the prior business day in each instance increased by 2.7%. This conversion rate may differ from El Paso
rates in effect on the date of r charge. 6harges converted by establishments (such as airlines) will be billed at the rates TX
79998-1
such establishments use. Su : In Case of Errors or Questions About You Bill: If you thinkyour 535
bill is incorrect, if you more In n a a transaction on your bill, write us on a separate sheet of paper at Exp
the Customer Service address noted to the right. We must hear from you no later than 60 days after we sett you the first bill Cash
p O. Bo
on which the error or problem appeared. You can telephone us at the number indicated on the front of this statement, but 981531
doing so will not preserve your rights. In your letter, give us the following information: 1. Your name and account number; EI Paso TX
2. The dollar amount of the suspected error, 3. Describe why you believe there is an error. If you need more information, 79998-1 31
describe the item you are unsure about. You do not have to Fa y any amount in question while we are investigating, but you pa me
till
bli
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th
f
il
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are s
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your b
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l that are non question. While we investigate your question, we cannot
report you as deCmtquent or take any action to collect the amount you question. If you have autl>o * ad us to pay your bill P.O. B X 650448
automatically from your cthecking or savings account, you can stop payment on any amount you think is To stop the DALLA
payment your letter must reach us three business da
s before the autom
tic
ment is sched
led to o
75265
a
ll R
l TX
448
y
a
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for Credit Card Purchases- If you have a problem with the quality of goods or services that purchased win a credit
e
card, and you have tried in g
ood f aith to correct the problem with the merchant, you may not have to pay the remaining
amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the
purcfnase was made in your home state or within 100 miles of your madcng address. (If we own or operate the merchant, or if
we mailed you the advertisement for the pproperty or services, all purchases are covered regardless of amount or location of
the purchase.)
balance
(designated
represents money
o
i?
to you. If you do not make sufficlent charges
balance or
uest fund, we will,
days a
tem
the
i
ti
f th
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exp
ra
on o
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x-month period following the date of the first statement indicating the credit balance, issue a check to you
for the credit balance if th
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00
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id
$1
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or
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en
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o
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s may con
ac
e
ew
or
anking Department
to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-518-8866.
Change of Address • To change your address online, visit www.americanexpma.com/updatecontacUnfo
n correct on front • For Name or Company Name changes, please call the Customer Service
do not use number on the back of your Card.
If your address or one number has changed to aFOREIGN ADDRESS OR
• PHONE, please call Customer Service.
• Please print clearly in blue or black Ink only in the boxes provided.
You may visit the American Express Privacy Statement at
www.americanexpress.com/pnvacy for more details and to set your email preferences.
Street Address
city, state
Zip Cade
Aree Cade and
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Area Code and
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EmeH (optional)
Please rovide your
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account pdates and
exclus' Cardmemb
offers a benefits.
Prepared For Account Number CkWng Date Page 3 of 3
DENIS M DUMM XXXX-XXXXX5-81003 04/11/10
Activity * Indicates po" date Amount S
Total of Payment Activity 0.00
New Actfor DENIS M DUMM Amount:
card X X X- 1003
04108/10 Late Payment Fee 39.00
04/11/10 Periodic FINANCE CHARGE 179.00
Total of New Activity 218.00
Finance Charges Average Dairy Daily Actual ANNUAL Nominal ANNUAL Periodic
Billing days this penod: 30 Balance $ Periodic Rate PERCENTAGE PERCENTAGE FINANCE
RATE RATE CHARGES
Purchases 13,408.60 0.0445% 16.24% 16.24% 179.00
Cash Advances 0.00 0.0691% 0.00% 25.24% 0.00
179.00
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.
Cash Rebate Earnings Summary As of MAR 2010 Billin g Period
DENIS M DUMM
XXXX-XX)0005-81003
Base Cash Rebate Qualified Spend $ Cash Rebate;
Year to Date GAS 5.85
@1% 0.06
GAS 0.00 @0.5% 0.00
GROCERY 0.00 @1% 0.00
DRUGSTORE 0.00 @1% 0.00
Everywhere Else 801.14 @0.5% 4.00
Total 806.99 4.06
Important Rebate Message
Since your account was in default, you did not receive your base cash rebate for the
billing period ending MAR 2010.
Please note that any single gasoline transaction over $400 will earn 0.5% for the first
$6,500 of purchases made annually on the Card and 1.25% for annual purchases
over $6,500.
Earn Cash Back Everywhere
You Use The Card You will receive your annual cash rebate one month after your anniversary date.
There is no limit on the rebate you can earn. So, you can keep earning cash back - no
matter how much you spend on your Card.
I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~~,~,~
FlLED-C'r~GE
i,1 S~ P -2 P~ 3~ 3~
P~Nh~S~`L~~F~N1A
American Express Centurion Bank
Case Number
vs. 2010-5412
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 WORTHINGTO EPUTY
SO ANSWERS,
~~
r
RON R ANDERSON, SHERIFF