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HomeMy WebLinkAbout12-1484COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Centurion Bank Plaintiff V. DIANE THIELEMANN No. la - I48q r> Vi' N s M r?'*7 Cpl - ,M --- _,; r.? Defendant 12(,11-1n)1 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOt1 SHOULD TAKE THIS PAPER. TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717-249-3166 ?9 (03.75 Pp AT71/ ?? a ?a oa.5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Centurion Bank, Plaintiff V. DIANE THIELEMANN, Defendant : No. 120137 001, COMPLAINT Plaintiff, American Express Centurion Bank.. by and through its counsel, Demetrios H. Tsarouhis.. files this Complaint and aver as follows: 1. Plaintiff, American Express Centurion Bank, ("Plaintiff') is a NY business corporation having its corporate offices at 200 Vesey Street, New York NY 10285. 2. Defendant, DIANE THIELEMANN, is an adult individual resident of Pennsylvania who maintains an address at 816 W TRINDLE ROAD, MECHANICSBURG PA 17055. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in * * * * * * * * * * * 2003. 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter -'Agreement"). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 6. Defendant used the credit card with account number ending in * * * * * * * * * * *2003, for 2 purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit "B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on or about and Defendant has failed pay any amounts since that time. 10. The principal amount due at such time was $8,156.01. 11. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6° o per annum to the past due balance, which currently totals $1.34 per diem. 12. Plaintiff is entitled to have 6% per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 13. The total amount due and owing the Plaintiff including interest, is $8,156.01. 14. Pursuant to the terms of the Agreement. Defendant is liable to Plaintiff for court costs and reasonable attorneys' fees, which currently total $2,039.00. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: aj Judgment in the amount of $10,217.80 due on the account; 3 a) Interest at the per diem rate of $1.34 from the date of filing this Complaint until the date of Judgment; b) Costs of suit; and 0 Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I - Unjust Enrichment 15. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 16. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 17. Defendant received and accepted the benefit of said credit provided by Plaintiff. 18. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 19. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 20. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 21. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff 4 the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $8156.01. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $8,156.01 due on the account; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t" Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 11, 2012 5 VERIFICATION 1. Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. By: L L? 61?/ , K - Demetrios H. Tsarouhis, Esquire Date: February 11, 2012 6 FDR 974965 Welcome to .Ain, icanFxpreufarihvurnbeT?slsip This document and the accompanying supplement(s) constitute your Agreement. Please read and keep this Agreement. Abide by its terms. When you keep, sign or use the Card issued to you (including any renewal or replacement Cards), or you use the account associated with this Agreement (your Account"), you agree to the terns of this Agreement. The words ''you ' `your" and "yours" mean the person who applied for the Atcollalt and the person to whom we address billing statements, as well as any person who agrees to be liable on the Account.'1'he "Basic Cardmember" is the person who opened the Account. At your request, we may also issue a Card on your Account to another' person (an `Additional Cardmember'). I -lie term 'Card" refers to the American Express` Card issued to you, all other Cards issued on your Account, and arty other device (such as Account numbers and convenience checks) with which you may access your Account, "We," our` and us" refer to American Express PSB Bank, the issuerofyomr Account Iio thl. t.;?i'(', 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)') through various means we may make available (e.g., ATM machines) up to the applicable limits on your Account. At our discretion, we may permit you to transfer balances from other accounts to your Account ("Balance'Fransfer(s)"). At our discretion, we may issue convenience checks that you can use to access your Account. Each convenience check may be used only by you. You nay 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. Transactions you make in response to promotional oilers from its will be subject to the terms of the promotion and this Agreement. All amounts charged to your Account, including Purchases, Cash Advances, Balance Transfers, convenience checks, annual fee(s), if any, any amounts guaranteed by use of the Card, other fees, and any Finance Charges, ;are "Charges." A convenience check that we identify as having been made payable to cash, to you, or to a bank, brokerage or similar asset account will be treated as a Cash Advance. Any other convenience check andior it Balance'Irarhsfer will be treated as a Purchase, except as otherwise noted- If you make a Purchase or a Balance Iranslir, or use a -n,cincnee check, that is governed by a promotional offer li om us, the Charge will be included in a Promotional Balan, e, 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 it: let any person use a Card except a Cardmember whose name is on ii. You agree to notify us if the Card is lost or stolen, or you sus7ecl that it is being used without your penm.csinn. Ynu agree to use the Account on[), for PUrchases, Cash Advances, or Balance Transfers that are lawful and are permitted under this Agreernent We may issue you renewal or replacement Cards before a previously issued Card expires. If you or an Additional Cardmember authorize a third party to hill Charges on a rec using 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 andior expiration date to permit that third party to continue billing your Account. We may take such steps even if your account number changes or it we issue a renewal or replacement Card to you or an Additional Cardmember To withdraw authoriza'. ion ling l.,ccurring Charge, you must notify the third party. I. rl`r ?i`,he I tic Card may be equipped with the F.xprosPay feature ("Expressltay'), which enables you to make Charges without having the Card swiped or imprinted at a participating merchant. ExpressPay, uses a computer chip that is built into the Card and transfers encrypted payment information wirelessly when you hold the Card to a contactless reader. Charges made with ExpressPay are as secure as other Charges you make with the Card. Fxpresstray generates a unique cryptogram to further protect your account from fraudulent transactions. L you notify us that the Card is lost, stolen or has been fraudulently used, the Card and the Express Pay feature will be deactivated and another may be reissued. You agree to use E,xpresiPay only in accordance with our instructions, and you agree not to 'attempt to get cash with I xpressPay from anv ,Source- You may cancel the Expres0ay feature on the Card or any Additional Card at any ime upon noli,e to us by calling the number tin the back of the Card. 4nnual Fee There is no annual fee tor this Accowrt. fteh,lte 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 (defined behnw) in a Rebate Year, you will earn a 1% Rebate for Everyday Purchases (defined below) and a 0.5rob Rebate for all other Eligible Purchases. After the first $6,500 of Eligible Purchases in a Rebate Year, you will begin earning a 5% Rebate lot Everyday Purchases and a 1 2590 Rebate for all other Eligible Purchases. "Everyday Purchases" arc Eligible Purchases made it the following categories of O.S. merchants that are not departments of superstores or warehouse clubs: supermarkets. drug stores, and automobile gasoline stations (for purchases of automobile gasoline only, except that any purchase in excess of $400 at an automobile gasoline station will not qualify as an Everyday llcii&ase). A Charge qualifies as an Everyday Purchase only if the merchant submits the Charge using the appropriate industry code, merchant code, or product/service code established by us. If Ilse merchant submits- a Charge using a different code, it will only qualify as an Pligible. Purchase. fn addition, merchants with rnultiple locations rnay Subnut Chm' 'ges at different locations using different codes. ['his means that you will receve a higher Rehate liter Charges at some locations, but a lower Rebate at other locations of the same merchant "Eligible Purchases` are Charges to vour Account for goods ur services that have not been returned or otherwise credited to your Accoum. Eligible Purchases do not include Finance Charges, fees, Cash Advances or other means of accessing your Account, convenience checks, Balance Transfers, or the purchase of American Express' Ti aveleis Cheques and American Express' Gott Cheques of other , ask 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 credits o-. adiusnnenis posted m your Account during the applicable Rebate Year A credit for a Purchase posted to )'our Account during any billing period for which the Minimum Amount Due is not credited to your Account by the Payment Due Date shown on the sratemem for that billing period will reduce the arnount of the Rebate, if any. awarded for the applicable Rebate Year. We reserve the right to exclude (Toni Eligible Purchase's any Charges that yvu tle(cnninc are not made for personal, family or household purposes, with the good faith intention of consuming the item charged; or 'with the intent to avoid a per-transaction rebate threshold. The Rebate amount(,s,) that may appear tin your billing statement under the heading "Cash Rewards Earnings Summary" are for informational purposes only and arc not intended to indicate the actual Rebate, if am-, That may be awarded for a Rebate Year. Ifa credit posted to your Account places your Renate in negative status, the Rebate will be represented as zsro on your billing ttatemerc however, you will have to accumulate a Rebatc equal to tit: negative Rebatc balance before you can accumulate i positr, e Rebate balance. You will receive the Rebate in the form of credit to your Account approximately one month after the end of the applicable Rebate Year. You will forfeit vow entire Rebate far any Rebate Year if your Account is canceled hit run, reason before the Rebate is posted to your Account You will also CD 26199 (07/091 forfeit your entire Rebate for any Rebate Year if the Minimum Amount Due on any statement for any billing period daring the Rebate Year includes an amount that was previously included in the Minimum Amount Due on three or more previous billing statements (approximately 90 days or more past due). A portion ofyour credit line may lie available to you for Cash Advances up to your Cash Advance limit. We may, at any time and in our 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 lesser of (i) a total of $1,000 in any seven-day period, or (ii) the remaining amount of the Crash Advance limit on your Account; and we may impose additional limits at our sole discretion (in addition to any limits imposed by the ATM's owner). Your billing statements will show vour credit line and Cash Advance limit and the unused portions of such line and limit as of the statement date. You agree to manage your Accnunt so that your balance for Cash Advances (including fees and Finance Charges) will not exceed the Cash Advance limit and your overall balance (including fees and Finance Charges) will not exceed you credit line. You agree to pay us, immediately upon request, the amount of anv baltuce on your Account in excess ufany applicable credit line or limit. We reserve the right to decline any attempted Charge, even lithe Charge would not cause you to exceed your credit line orlimil. We are not responsible for any losses or other consequences if a trans action on your Account is not approved for any reason, even if you have sufficient credit available. Except as otherwise required by applicable law, we will not be responsible if any merchant refuses to honor the Card or tot any other problem you may have with a merchant. You promise to pay all Charges, including Charges incurred by Additional Cardmembers, on your Acanmt. This promise includes soy Charge for which your or an Additional Cardmember indicated an intent to incur the Charge, even if you or the Additional Cardmember have not signed a charge form or presented the Card. You also promise to pay any Charge incurred by anyone that you or an Additional Cardmember let use the Card, even though you have agreed not to let anyone else use the Card_ .. ?tdlF.+sronmbilits;rir:dddifitan,rlCardrnernlret:a Additional Cardmenhers do not have accounts with us. Ins' ead, they are authorized users on your Account, and the Cards issued to them may be cancelled by you or its at any time. You must notify us to revoke an Additional Cardmembers permission to uxe your Accou it.'You are responsible under this Agreement for all use ofyour Account by the Additional Cardmembers, and by anyone else you or an Additional Cardmember lets rise the Card, and the Charges I hey incur will be trilled to yon. You have this responsibility even if you did not intend for an Additional Cardmember, or other person, to use the Card for any transactions. An Additional Cardmember is not liable for Charges incurred by the Basic Cardmember nr by other Additional Cardmembers. /however, by each rise of the Additional Card to incur Charges, the Additional Cardmeniberindicates his or her agreement to pay us for the Charge ifyou fail to or refuse to pay it, and we may, at out discretion, pursue Additional Cardmembers for payment of Charges they incur or authorize. You authorize us to provide Account information to Additional Cardmembers and to discuss the Account with them. You agree to notify each Additional Cardmember, at the time he or she becomes an Additional Cardmember, that we may receive, record, exchange and use information about him nr her in the same manner we do with information about you, as described below in the Conscmer/Business Reports, Telephone Communications, and Susp,:nsioniCancellation sections of this .Agreement. You agree to notify cacti Additional Cardmember that Additional Cardmembers are subject to all applicable provisions of this Agreement ? ?? Exhibit "Li-I i;iifina statenrtir,s You must notify its immediately of any change in the mailing or e-mail address to which we send billing statements or notices that a billing staicmcnthasbeen posted ("Billing Address"). Ifyou wish a Billing Address change to apply to more than one account you maintain with us, you must tell us. You agree that we may also update your Billing Address if we receive information that your Billing Address has changed or is incorrect. The "New Balance" appears on your billing statement. To determine the Net, Balance, we begin with the outstanding balance on your Account at the beginning of cacti billing period, called the'PR'evious Balance" on the billing statement. We add any Charges, subtract any credits or payments credited as of that billing pet led, and make other applicable adjustments. M illim;.ltn :'Sows 3.i {Pilo - Each billing statement will reflect a Minimum Amount Due. Payment is due by the time and date shown and in the manner 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 calculate 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) 24i, of the New Balance (excluding from the New Balance any any late tees or over-limit fees); b) the Icsscr of. W current billed Finance Charges plus L"'o of the New Balance (excluding from the New Balance any late fees or over-limit fees and finance charges), or (ii) 4% of the New Balance; or (c) $15; (2) any over-limit fees added during the billing period; and (3) any late fees added during the billing period. Adjusted Minimum Amount Due Summary: If von consistently pay more than the Minimum Amount Due outlined above. we may calculate your minimum payment without any late fees or the additional I"6 ofthebalahce referenced in (0(b)(i). If we do this, and finance charges are more than 29l) of the balance, we may add S15 to your minimum payment. For information about how this works, read the detailed description below. Detailed Description: We nay adjust the outlined calculation above by removing the late fees in (3) and "plus I% of the New Balance" in (i)(b)(i) In tine adiusted calculation, we will exclude only the over limit fees from the New Balance in (1)(a). After the adjustment, if (l) is equal to the current billed Finance Charges, we will ncrease your Minimum Amount Duehy 51 N'e will appy dic adjusted calculation to your Account it > tine sum of your payments (credited to your Account in thesis consu, uhvc billing periods ending with the Closing Date of the current billing period) is greater than the sum of the Minimum Amounts Due (for the six consecutive billing periods ending with the Closing Date of the previous billing period, not using the adjusted calculation acid 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 ofyout payments nod it is less than or equal to $90; the sunk of the Min noun ! mounts Due is zero and we used the adjusted calculation in the last billing period when your,Mailmum Amount Due was not zero; or if we adjust yoor Minimum Amount Due, we will do so for at least six billing 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. Pcli inrut> All payments roust be sent to the payment address shown on your billing staument and nrast include the remittance coupon from your billing statement. You must pay us in U.S. currency, with a single draft w check drawn on a U.S. hank and payable in U S. dollars, or with a negotiable instrument payable in 1:,s, dollars and c.carablc through the U.S. banking system, or through an elect ronic payment method clearable through the U,S_ banking s)seein. Your Account number must be included ern or with all payments. If we decide to accept a payment made in a foreign currcncvs you authorize us to choose a conversion rate that 6 acceptable to its to convert your rcmritunce info U.S. avrcncc, unlec a particular rule rs required by lair. Payments conforming to the above requirements that we receive no later than the hour specified on your billing statement will',ie credited [u your Account as of the day received; payments conforming to iheaboe'e requirements that we receive after the hour specified em your billing statement will be credited to your Account as of the following day, Ifpayment does not conform to the requirements stated above, craditin may be delayed. If this happens, additional Charges may be imposed. We may accept late payments, partial payments or any pavmcnts marked as being payment in full or as being settlement of any dispute without losingany of our rights under this Agreement On a ndei rile law. Our acceptance of any such payments does not moan we agree to change this Agreernent in any way. You agree ilia[ an acceptance ofsuch payments will not operate as an ,accord and satisfaction without Our prior express ivi itten approval. Subject to applicable law we will appli' and allocate payments and, redits among balances and Charges on VOW Account in any order and manner determined by us in our sole discretion. In most cases. we will apply and allocate payments first to balances at lower Annual Percentage Rates ("APRs') and then to higher APR balances. and apply Purchase credits first to the balance from which the corresponding debit originated. llowever, for sei vieng, admhnistr Live, systems mother business r,usons, we may apply and allocate payments and credits among balances and to Charges on your Account in some other ardei or manner that we may de ermine in our sole discretion. You agree that we have the unconditional tight to exercise this discretion in a way that is most favorable m ahnvenientio us. '; l k loo!? .1 'Etft il= to, f f .nriE .e..Jina When you provide a :heck as payment, you authorize us to use information from your (heck to make in electronic fund transfer from your account or to process the payment as a check transaclinn. If we process your cheer. electronically, tunds may be witlidrawn Item you; bank of asset account as soon as the sane clay we receive,, our Lilco, Also, if we process your cheek electronically, you will not receive that cancelled check with your bank or asset account statement. r.:atnce CE:Mg,, ?9. Finance Charges begin to accrue for each Charge as of the date the Charge is added to the daily balance, as described below. 11 '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 front the date on which payment in full of that New Balance is credited to your Account Until the end of the billing period in which such payment is credited to your Account. In addition, I'mance Charges will not accrue [or 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 in fall for' the New Balance, if any, shown on the statements covering the two immediately preceding billing periods is credited to your Account b}' tine respective Payment Due Dates shown on those statements. For purposes 01'1111S paragraph, Purchases do not include Balance Transfers or convenience checks. If, The Daily Periodic Rate (`DPk') fool Purchases and the DPR for Cash Advances are rack based nn an APR, which may vary. The APR for Cash Adva ccs is the tit :no: Rate plus 1799%. A DPR is 11365th of the APR. Your DPRs and APRs lint Purchases appear on the accompanying supplement (.s). When an APR changes. we apply it U, any existing Balance subject to that rate. Notwithstanding the foregoin un,css a higher rate applies, the APR for all balances except Cash Advances will be equal to Prime plus 14.99% if during an Review Period any portion (if n kfinimum Amount Due is not credited to your AM)=by its I ayincntDue Dale. The"taview Period" is the period, constituting, appmximately one veal. of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or oil yon rr'Ceived a statement for each such billing period. I. Notwithstanding the foregoing, the DPR land corresponding A PR) on all balances will inccase to tine Default Rate if during the Review Period (i) payment ofyour Minimum \motant Due is not credited to your Accountby the Pavment Due Date in any two billing periods, (ii) 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. ['he "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. Ifthe Default Rate is applied, it will apply to your Account for a minimum of twelve consecutive billing periods, beginning with the current billing period, The Default Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 23.99°i. Fhe "Prime Rate" is determined once with respect to each billing period. The Prime Rate for each billing period is the Prime Rate published in the Moiicv Rates section (or successor section) of Tiro Wall Street Journal on (a) the first day of that billing period or (b) the day that k two days prior to the Closing Date of that billing period, whichever is higher. In each case, ifsuch a day is not a customary publication day for The Wall Street Journal, we will substitute the closest preceding day that is a customary publication day. If Tile tt'all Street Journal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, or we may substitute a,similar reference rate at our sole discretion. Any increase or decrease to an APR resulting from a change in the prime Rate takes ullcct as of the first day of the billing period. An increase in the Prime Rate means that the variable APRs (and corresponding DPRs) applicable to yon' Account will increase and you may incur higher Finance Charges and may have a higher Minimum Amount Due. ",ilv Balance Aletlaod ft x t&illation of Finance We use the Average Daily Balance method to calculate Finance Charges on your Account. Under this method, we calculate the Finance Charges on your Account by applying the DIPR uh the Average Daily Balance (as described below) separately for each balance subject to Finance Charges. Different periodic rates may be used for different balances. For example, different DPRs may be applied to separate balances, such as Purchase, Cash .Advance, and Promotional Balances. To get the Average Daily Balance for each balance, we (1) take the beginning balance for each day (including unpaid Finance Charges from previous billing periods), (2) add any new transactions, debits, or fees, (3) subtract any payments or credits credited as of that day, and (4) make any appropriate adjustments. For each day after the first day of the billing period, eve also add au amount of interest equal to the previnus day's daily balance multiplied by the DPR far the balance. This gives us the daily balance for the particular balance for that day and the beginning balance for that balance for the next day. If this balance is negative, it is considered to be zero. Then, we add up all the daily balances for each balance for the billing period and divide the total by the number of days in the billing period. This gives us the Average Daily Balance for that balance. Ifyou multiply the Average Daily Balance for each balance by the number of days in the billing period and the DPR for (flat balance, the result will he the Finance Charge assessed on that balance, except for variations caused by rounding. The total Finance Charge for the billing period is calculated by adding the Finance Charges assessed oil all balances of the Accumn. This method of calenlating the Ai-ange Daily Balance and Finance Charge results in daily compounding ofFinance Charges. We may use mathematical formulas which produce equivalent results to calculate the Average Daily Balance, Finance Charge, and related amounts. For example, Ave may utilize computer programs or other computational methods that are designed to produce mathematically equivalent results while using fewer and/or simpler computational steps than are described in this Agreement, At our discretion, we may exclude certain categories of debit transactions or Ices from the calculation of the daily balances. unless we elect to use a later date, we add a Charge to (he daily halance as follows We add a Cash Advance or Purchase to the appropriate daily balance as of the date of request or the transaction date on the billing statement. We add a convenience check to the appropriate dailybalance as of the date of first deposit. We add a Balance Transfer other than through a convenience check to the appropriate daily balance us of the date of the request. We add periodic Finance Charges to the daily balance as described above.4Pe add another FDR 974965 Charge to the appropriate daily balance as of the dale of the transaction. Periodic Finance Charges are added to the outstanding balance at the end of thebilling period for which Finance Charges are calculated. In any such billing period, we will impose a minimum Finance Charge of $0.50, which will be added to the balance with the highest APR unless, for our convenience and in our sole discretion, we choose to add it to a balance with a lower APR. In our sole discretion, we also may round any calculations made in determining the Finance Charges on your Account in any way that is convenient to us. Any such rounding may apply to or cause variations in your DPRs. t ai-; Fees We may assess a Tate Pee if a payment of at ]cast tile Minimum Amour' Due is not credited to your Account by the Payment Due Date. The amount of the Late Fee depends on the amount of the Preytlns Balaot on the statement on which the Late. Fee appears, is follows. Previous Balance Late Fee Less than $400 $19 5400 or greater $38 Other Fees We may charge the follo:virg fees to your Account, subject to applicable law_ Fxcept as otlin wise noted, these fees will be added to the Purchase Balance. t. Dishonored Payments, We may charge a fee of $ 38 whenever any check, similar instrument, or electronic payment order that we receive as payment on your Account is not honored upon first presentment. If a 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 a Charge to the Cash Advance balance of your Account in the amount of the check that was not honored.) L Copies of Statements: We may charge a fee of $5 for each billing period for which a copy 4a billing statement is requested. We will riot charge this fee for any request for a copy of any of the billing statements [or the than billing periods immediately prior to the reques t- Account Re-opening Fee: We may charge o re-opening fee of $25 if your -Account is cancelled for any reason and you request reinstatement and such request is honored. -1. Wire Transfers: We mar charge a fee of S I i each time a wire transfer from your' Account is initiated and authorized. Stop Payment Orders: lVe may charge a fee of $29 each time we receive a request to stop payment on a convenience cheek drawn on vciir Account. i,. Over-limit Fee: We may charge it lee of $33 in each billing period the XcwBndancc :)it your statement exceeds your credit line. Convenience Check Usage/Balance Transfer Transaction Feu We may assess a transaction fec Iirr cacti Balance Transfer and each corm-micnce 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 is It Finance-Charge and, if assessed, will be added to the same Purchase or Cash Advance balance as the convenience check transaction or Balance Transfer. For convenience checks made payable to cash or to you, a bank, brokerage or.sintilar 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 rif $S. S. ATM Fee: We will impose a fee each time a Card is used to obtain cash or any other services from an AT? I. This fee will be 3% of the amount of the cash withdrawn or other services obtained (including any additional fee imposed for rise of [lie ATM by its operatoi), with a tmmmum of$5.'Flits fee will be added to the Cash lldvance ha':aIce_ 'si; stcnew=r'4s `aiiitr In addition to any other acuons we may take under this Agreement, we men suspend or cancel your ,lccount or any feature offered in connection wi.h your Account, we may reduce your credit line or cash advance limit tinduding to a level below yon outstanding balance), and/or we may suspend or cancel the authorization of any Additional Cardinember to make Charges to your Account, at out sole discretion at anv time,-,viih 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 pmt will not 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/iii Additional Cardmembers have been cancelled- It we caned the Card of it expires, you may no longer use it and you must destroy it or return it to us or, if we'request, to a third party. If you want to cancel the Account or any Additional Cards, you most notify us and destroy the Curd( s). If we agree to reinstate }Our Account after a cancellation, the new Agreement Nye send you (nr, it We do not send you a new Agrecmenu, this Agreement as it may be amended) will govern your reinstated Account. When we reinstate your Account, we may reinstate any AddiIionai Cards issued in connection with your Account, and bill you the applicable annual fec(s ). ikfao It We may consider your Account to be in default at any time if you fail to pay us any amount when it is due, or if you breach any other promise or obligation under this Agrecn nt Subject to applicable law, we may also consider your Account to he in default at any time if try statement [Wade by you to us in connection with this Account or anv other credit program was fz.lse or misleading; if you breach any promise to obligation under any other agreement than, you may have with its or with any of our affiliates if we reeelye information indicating that you are bankrupt, intend I,, file hankruptcy, or are unable to pay your debts as they become due; of we receive information leading its 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 our discretion we may consider the amount of debt you are carrying compared to your resources or any other of youracdit characteristics, regardless ofyour performance on this Accoun-_ 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 applicable iaw, eve may Ieequtre payment of a portion ofyour outstanding balance greatcrthan the Minimum AnnountDue, declare the entire amount ofyour obligations to us immediately due and payable, and/in suspend or cancel your Account and/or any feature that may be offered in connection with the Account. You agree to pay all reasonable costs. including reasonable attorneys' fees, incorrect by us (I ) in connection with the collection 'if any anottut due on your Account, whether or not any arbitration, litigation, nr similar proceedings arc initia(ed; and (2) in reasonably protecting oursaves from any loss, liarm, or risk relating to any default on your Account. €n liv rut n .,_., If you incur a Charge in a foreign currency, it will be converted into IT S. delta),, on the date it is processed by us or our agents Unless a pa tratlar late is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. Currently, tine 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, o (b) the highest interbank conversion rate identified by its from customary banking sources, on the conversion date or the Frio; bus mess day. in each instance increased by 2.70. 'Plus conversion rate may differ front rate, in effect in the date of your Charge. Charges converted by establislununs (such aA airlines) hull be billed at the rates such establishments use. Jubject to applicable law, we have the right to add, modify or delete any benefit, set vice, or Feature that may accompany your Account at any time and without notice to you Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead ofifigateddin court. Definitions: As used in this Arbitration Provision. the term "Claim" means airy dainr, dispute or controversy between you and us arising from or rclating to your Account, tits Agreement, the Electronic Funds Transfer Services Agreement and ally other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ("Agreements"). except Ibr the validity enforceability or scope of this Arbitration Provision or the Agreements. For pwposcs of this Arbitration Provision, "yon" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of arty of the foregoing, and other persons referred to below in the definition of "Claims:' "Claim" includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claire" also includes claims by or against any third party using or providing anv product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the Card, third parties who use, provide or participate in fee based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) am, of the accounts created under any of the Agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms offinancing, (c) the benefits and services related to Cardmembership (including fee-based of free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court. Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures of the national arbitration organization to which the Clain is referred in effect at the time the Claim is filed (tine "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either the National Arbitration Forum ("NAP") or [lie American Arbitration Association ("A AA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice Of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows; NAF at P.O. Box 50191, Minneapolis, DIN 55405; website: www.arbitration-forum.com. AAA at 335 Madison Avenue, New York, NY 10017; website: www.adr.org. Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITII RESPECT TO A CLAIM, NEITHER YOU NOR WT. WILE, ItAVE'1'HE RIGIF1 FO LFTIGATE THAT CLAIM[ IN COURT OR HAVE A JURY TRML ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A ItFPRESENTATIV F CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATORS DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RICI TS THAT YOU OR WE WOULD HAV, F, TI' YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration: IP F.LFIIER PARTY FIE..CfS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES IM'OLY'ING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY" ON BEHALF OF THE GFNERAL PUBLIC, OTHER CARDMLMBERS OR 01 'HER PERSONS S1,tilILARLY" SITUATED. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrators authority to make awards is limited to awards to you and us alone. I ortirennore, claims FDR 974965 brought by you against us, or by us against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than yea, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named par ty to the arbitration. Notwithstanding any other provision in this Agreement (including but not limited to the Continuation provision below) and without waiving either partys right to appeal such decision, should any portion of this Restrictions on Arbitration provision be deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Arbitration Procedures: This Arbitration Provision is made pursuant to it 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 shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege 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 ex.nmd the scope of discovery under the applicable Code. The party submitting such a request must providea copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting part, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such a request will he in the sale discretion of the arbitrator, who shall notify the aaties of hisiber decision within twenty (2(t) days of the objecting Party's 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 may be entered in any 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- l'he 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 a dated writing. The arbitration organization will then notify the other party that the award has bear appealed. The arbitration organization will appoint a three-arbitrator 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 he by majority vote and shall he final and binding- Location of ArhitrationlPayment of Fees:.An- arbitration hearing thatyou attend shall take place in the federal judicial district of your residence- You will be responsible for paying your share, if any of the arbitration ices (including filing, administrative, hearingand/co fees) provided by the Corle, to the e.etent that such fees do not exceed the amount )fthe filing lees 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 vour written request. we will consider in good faith making a temporary advance of all or part ofyour share of the arbitration fees fir imy Claim ),oil initiate as to which you or we seek arbitration. You will not be assessed any arbitration fees m excess of ytmr share ifvou do not prevail in any arbitration whit us. Continuation: This Arbitration Provision shall survive termination of your accounts as well as voluntary payment of the Account balance in full by visit, any legal proceeding by you or its to collect a debt owed by the other, any bankruptcy by you or us,and any sale by us of your Account (and in the case of sale, its tenors shall apply to the buyer of any of your Account). Fxcept as otherwise p ovided in the Restrictions on Arbitration provision above, ifany portion of this Arbitration Provision (other than the Restrictions on Arbitration provision) is deemed invalid of Unenforceable, it shall not 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 1i.", Our failure to exercise any of our rights under this Agreement, our delay to enforcing any of our rights, or our waiver of nur rights on any occasion, shall riot crosfini a waiver of such rights on any other occasion. Cortsuurer deports You authorize us 10 request consume reports about you, to make whatever credit investigations we deem appropriate, to obtain and exchange any information we may receive from consumer reports and other sow ces, and o) use such information Co- any purposes, subject to applicable law You authorize us to furnish information concerning your Account to consumer reporting agencies, or others, suhiectto 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. PO. Box 7871, Ft. Lauderdale, FL 33329-78i 1 and identify the specific information you believe is inaccurate You are hereby notified that information about your Account that may have a negative impact on your credit record maybesubmitted to a credit reporting agency if you fail to fulfill the terms of yonr credit obligations. 3, We will want to communicate with you by telephone periodically on matters ranging fiom servicing vour account to alerting you to special marketing offers. You authorize us to call or send a text message to you at any number you give us or from which you call its, including mobile phones. You authorize us to make such calls using automatic telephone dialing systems for any lawful purpose, including but not Ifinned to: suspected fraud or identify theft: Account transactions or servicing; offers of American Fxpress products and services; and collecting on your Accost. (f you do not want to receive marketi nrg offers from its you may choose not to by logging onto amcric anexpress.corn! communications to tell us your choices. Unless you enroll to receive marketing offers via text message, we will not send them to you. Please note, we still may contact you for ezcoant ocrvicirig by telephone or text message. You authorize us to place prerecorded calls in connection with the status ofyour account, of .security and identity theft matters. You agree to pay any fees or charges you incur for incoming calls or text messages from us without reimbursement. You agree that from time ao tune ire may monitor and/or record telephone calls hetween you (or Additional Cardmembes on your AcCOUnt't and us to assure the qualiti of our customer service nr as required by applicable 1 acv. We take approprialcsteps to saIcguard the prryacy and security of account information III all Ufour CVIIlm ullie'2 [ions to you. 'r';Ia t.l' .AS I in i`?.-1 , Use of the Card. at Federal Government Agencies Ameri£.air Express has entered into contracts that enable the Card to be accepted at certain federal govermnent agencies and departments (':Agencies"). As with Card transactions at commercial establishments, when you choose to Ilse You]. Card at an Agency, certain Charge information k necessarily collected by us. Charge information from Card transactions at Agencies may be used for routine uses, such as processing Charges and payments, billing and collections activities and may be aggregated for reporting, analysts and marketing activities. ,Additional "routine uses" of Charge information by Agencies are published periodically in the I edera) Register. We identify utsurauce providers and products that maybe of interest to von_ In this role we may act on behalf of the insurance provider, as permitted by law. We receive compensation from insurance providers that may vary by provider and product 1lso,we may is eive additional compensation or financial benefit when AMEX Assurance Company or another Anteican Express entity acts as the insurer or reinsure for these products The arrangements we have with providers, including the potentiat to insure or reinsure products, may also influence what product's and providers we identify. Any notice given by us shall he deemed given when deposited in the U.S mail, postage prepaid, addressed to you at the toast Billing Address shown out our records. a{ this 1 n. on ?rocroofthisAgreement. We may change the terms of or add new terms to this Agreement at any time, in accurdancc with applicable law. We may apply any changed or new tenor to any then-existing balances cm 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 sell, transfer or assign this Agreement and the Account at any time without notice to you. You may not sell, assign or transfer your Account or any, of your obligations under this Agreement. Av."ooh rent nC Claim:i In the event you dispute it Charge and we credit your Account for all or part ofsuch disputed Charge, we automatically succeed to, and you are automatically deemed to sign 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 Cront 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. w Tits Agreement and your Account, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Utah (without regard to internal principles of conflicts oflawl, and by applicable federal law. We are located in Utah, hold your Account in Utah, and entered into this Agreement with you in Utah. AMERICAN EXPRESS FSB BANK To American Express Cardmembers In The United States and Its Territories i'arir Billing Rubio - :iocj, I his NoYicc I,,- Future Use • This notice contains important inhumation about v( or rights and out responsihilitic.s under the 'Fair Credit Billing Act ' Notify Us in Case of Errors or Questions About Your Account Statement if you think your statement is wrong or ifyou need more nfurruation about a transaction on your statement, write us on a separate sheet of paper at the address for billing inquiries listed on your statement, Write to its as soon as possible. We must hear front you no later than 60 days after we sent you the first statement on which the error of problem appeared. You can also telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and Account number. The dollar amount of tlne suspected error. Describe the error and explain, it you can, why you believe there is an error. If you need more information, describe the Acntyou are not sure about. Ifyou have authorized us to pay your Account statement automatically from your savings, checking or other account, you can stop the payment on ary amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic paymtent is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We rrmst acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the statement Was cornet, Afic we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for [lie amount you question, including Finance Charges, and we car; apply any unpaid amount against you credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. 'Ifwe find that we made a mistake on your statement, you will not have to pay any Finance Charges related to any FDR 974965 questioned amount. If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questoned amounts. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement, and we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is Ifwe do not follow these rules, we cannot collect the first $50 of Lite questioned amount, even if your statement was correct. Special Rule for Credit Card Purchases If you have a prohlern wish the quality of property or services that you purchased with the Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations to this right- (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles ofyour current mailing address; and (b) The p rrcha,se price must have been more than 550. These limitations do not apply it we own or operate the mcrchann, or it ive mailed you the advertisement for the property or serviccs- Note for Ohio Residents: The Ohio laws against discrimination require that till creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon reque,t. The Ohio Civil Rights Commission administers compliance with this law Once you enroll in Pay By Computer, Pay By Phone or any other American Express Electronic Funds Transfer service (hereafter the "Progranh"), you will be subject to this Electronic Funds Transfer Agreement (the "EFT Agreement"), Snpc rat nt rhis Eh i Agreement coven your participation in the Program. In this I'.FT Agreement, the words "you" and'your" refer to (lie Basic Cardmember and also include all Additional Curdmembers who have enrolled in the Program. The words "we;-'our" and "us" refer to Arr:erican Express "Gravel Related Services Company. Inc The words "your American Express Accounts' refer to your card account governed by );our Cardmember Agreement ("Card Account") or any other American Express Accounts that we permit you to enroll in the Program. The words "your Bank Account" 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 Progr ir. The words "your bank" mean the bank, securities firm or other financial institution that holds your Bank ,-lccount.'File words "other options" refer to electronic payment transfer opt-ons and!or other cash access that American Lxpicss may matte ava lable from [tine to time, including the optiuu to pay your 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 terms in it also apply here 1'rxyrxeni far E_a,h €t%oraactt+ool Each time you Initiate a transaction tinder the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing house (ACH") debit to your name on your Bank Account payable to us n' to our agent. in the amount of the transactin i. The amount of the transaction is the amount of the Aeeoura o t you paid or other finds transfer you authonzed, plus i vi applicable Ices or charges, lire may charge a fee of S38 for tad) check or ACH debit drawn by us or our agent in comhedion with the Program that is not honored upon first presentment, subject to applicable law. YYour bank may also assess its cuglumary charge for such items, if any. ?7is.I"no-eJ p . It ;my cheek or AL I I debit drawn, by us or our agem in connection wish the Program is not honored by your hank, we haw the right it, charge the amount of any such transaction, and the dishonored payment fee referred to above, to the Card Account or to collect the amount boor you. If this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you may have a separat, agreement with us or with a partidpaling'mnk, securities firm, or other financial institution that allows a line of credit to be accessed in the event that your Bark Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating to tha, line of credit for the ter ins and conditions that govern its use. 1. r<abilit} 'cis [nuunthaFe „s h ? .. .. < S'ronrlrl. feepili'S E E;x+ You must tell its AT ONCE, if you believe a transaction under the Program has been made without your authorization. Telephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two clays at'ter you learn about it you notify us that the transaction was unauthorized, nve 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 ofrelated unauthorized transactions shall not exceed $50. If you believe that someone has transferred or may transfer money from your Bank Account without permission, call: l-800 328,4800 (within U1S.) or 1-336-39.1-1111 (outside II.S,) any^.tmc•, or write. American Express Credit Department, PO Box 53830. Phoenix, Arizona 85072-3830- Our Liability for [rnp r3 per I nul o mt- If a transaction is not completed as you have directed or if we do not complete a transfer to or front vur Bank Account on time in the correct amount, we will research and correct it as necessary, once you advise us. We will also rein- huuse vuu for your actual lasses or dainages, if arty, caused by Our error I-Iowever, 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 lire transfer would exceed an Cslahhshcd credit limit; if the funds in your Bank Account are or were at tine time of the attempted transaction subject to legal process or other encumbrance restricting the transaction; if crcumsrance beyond our control (such as fire or flood) prevent or prevented the transaction, despite reasonable precautions that we have taken; if atechnical malfunction known to you prevented the transaction', or any other exceptions slated in this EFT Agreement. I U.if.eas For purposes Of this EFT Agreement, our 1 usmess days arc Monday through Friday. holidays arc not included. lrhii raUus The Card Account is govcrncd by Lite ( ardmcmber Agreemcn.comained herein. 'I he Arbitration provision contained within that agreement applies to this F,FT Agreement. Please refer to that provision as you read this EFT Agreemen P ri 4aL,. Electronic funds transfers you initiate pursuant to this F,TI Agreement are covered by the American Express Privacy Policy, a copy of which was given to you together with your American Express Card. TO view our Privacy Policy online, please visit americanexpresscoin niac.I If for any reason you wish to contact us about the program, abou[your participation to the Program, or about transactions relating to the Program, write or all its as follows. Address: American Express Travel Rclatcd Services Company Inc F.lectn ni - Funds Scryucs P.0 Box 297815, D. I.auderdalc FL 33329-7815 or e-ru nil us b, Anking on the Customer Service link online a wnvwameri.auexpresscom. Telephone: 1-800-CASH-NOW, 24 hours a day, seven days a week, Irv i'ese « f Errors or 4?€resttr,?hs ;bout Yon' Transactions Write or call its at the number or address given above as soon as you can if you think youtr statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. If you are delayed in contacting us due to extenuating circumstances (such as a hospital stay), we may extend this 60 days for a reasonable time, I. Tell as your name and Account number. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. 11 you tell us orally, we may require that you send us your complaint or question in writing within 10 business days' from the date you notified us. We will tell you the results of our investigation within 10 business days' after we hear from you and we will correct any error promptly. if we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. Ifwe decide to do this we will assure that your bank recredits your Bank Account within to business days' for the amount you think is in cirri, so that you will have the rise of the money during the time it takes us to complete our investigation. Ifwe ask you to put your complaint or question in writing and we do not receive it within 10 business days' following your oral notification, we may not reaedit your Banta 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, Ifwe determine that there was no error, we will send you a written explanation within three business days after we finish mfr investigation. Upon your request we will provide you with copies of the documents that we used in our investigation. If we have provisionally recredited your Bank Account during the investigation and determine that there was no error, we will notify you of the date on which we will redebit your Batik Account, and the anwunt to be debited. You authorize us or an agent to debit your Bank Account for this amount. You should make certain that your Bank Account contains sufficient funds to cover this debit. If it does not, we have the right to charge such amount to the Account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program. We, or any bank or financial institution participating in the Program, may add to or remove from the Program any or all ATMs or extend or limit the scrvicrs provided at any location without notifying you beforehand fu addition, we may discontinue the Program at any time. Your right to participate in tine Program will be terminated or suspended if the Card Account is cancelled or suspended, if you cancel the authorization you have given your bank to directly charge checks to your Bank Account, if the Batik Account lcorn which payment will be made when you make transact ions tinder the Program is closed to withdrawal transactions by its or our agents, ifyour participation in the Program is inactive for 18 consecutive months or more, or if the Card Account is no longer in good standing. ht addition to the foregoing, we may revoke your right to participate in the Program, at any time, at our sole discretion, with or without cause, subject to applicable law, Ifwe do so, we will send you written notice, but we may not send you the notice until after the revocation. We also have the right to deny authorization for any requested transaction, at any time, at our sole discretion, with or without cause, and without giving you notice, subject to applicable law. You may terminate your pan Iicipation to the Program but you must tlo so by writing to us at the address disclosed 9n the Section of this EFT Agreement entitled flow to Contact Os This LET Agreement ruff Grades all prior agreements you may have with us relating to the Program. We have the right to assign this FPC Agreement to a subsidiary or affiliate company at any time. FDR 974965 AMERICAN EXPRESS T'RANEI. RELATED SERVICES COMPANY, INC. S! ;ee Iitr Lt avsasl:uSetr4 Rt silt nts General Disclosure Statement: Any documentation provided to you which indicates that an electronic finds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made. The initiation by you of certain electronic funds transfers from your Bank Account will, except as otherwise provided in this EFT Agreement, effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS EFT AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS: TI IERFFCIRF., YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAI YOU WILL NOT NEF.D'PO STOP PAYMENT Disclosure of Account Information to Third Parties: If you give us your written authorization to disclose information about you, your Account or the transactions that you make to any person, that authorization shall automatically expire 45 days after we receive it. Optional Limit on Obtaining Cash: You have the option to request that we limit the totsl amount of cash that you may obtain from A[TIs in a single day to $50. Ifyou elect this option we will take all reasonable steps to comply with your request. 'For,yfassachusec's residents: 10 calendar days instead or basics days. Extended lVarranty The information below summarizes the terms and conditions of the Extended Warranty plan (formerly the Buyer's Assurance Plan). Exterded Warranty is underwritten by AMEX Assurance Company Administrative Office, Green Bay, WI. Coverage is determined by the terms, conditions, acrd exclusions of Policy AX0953 and is subject to change with notice. This document does nct supplement or replace the Policy. Please call us at the number on back of your American Express Card for a complete copy of your terms and conditions. Extended Warranty will extend the terms of the original manufacturer's warranty for a period of time equal to the duration of the original manufacturer's warranty, up to one (1) additional year (Centurion Cardmunbers up to three (3) additional years) on warranties of five (5) rears or less Ilia, are eligible in the United Staics of America. D1 ,, riprion of hraefits Where alms has occurred coming this plan's extended warranty time period of up it) one (1) additional year (Cen(urion Cardmembers up to three (3) additional years), we will provide a benefit equal to the coverage of the original manufacturer's warranty on warranties of up to five (5) years. 'We will pay up to the actual amount charged to your account for the product for which a loss is claimed, but not to exceed S 10,000. If the product also is covered by a purchased service contract, this plan's extended warranty time period begins at the end of the service contract and extends the original manufacturer's warranty fora period of time equal to that warranty, up to one (1) additimr,al year (Centurion Card members tip to three (3) idcfftional years). If the combined covcrage of the original manufacturer's warranty and the purchased service contrad exceed five (5) years, the product purchased is not eligible under his plan and no coverage applies. Extended Warranty does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges. If you experi- ence more than one loss in a calendar year, we will pay an amount riot to exceed $50,000 for all losses in a calendar year. Our benefit payment will not include any product rebates, discounts or money received from the lowest price comparison programs that reduced the or iginal cost of the property. F,zctusioo, Benefits are riot payable it the loss for which coverage is sought was directly or indirectly, wholly of partially, contributed to or caused by 'I. :my physical damage. including, but riot limited ;o, damage as a direct result of natural disaster or a power surge, except to the extent the original manufacturer's warranty covers such damage; 2. mechanical failure covered tinder product recall; or 3. fraud or ippli,able for Residents o€ the Star. of South Dakota abuse or illegal activity of any kind by the :rardmemher. I'm no Number: PP/RWr-RT)R 1-SD OS107 Purcha,, Noi L ovc'red The following are not covered: I. products covcnd by an unconditional satisfaction gnaranryt; 2. motorized vehicles (including, but -lotlimited to, passenger gars, trucks, motorcycles, boats, airplanes) and their parts, subject to high risk, combustible, wear and fear or mileage stipulations (including, but not limited to, batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mufflers); 3. motorized devices and their parts used for agricullure, landscaping, demolition or construction; 5. motorized devices and their parts which are permanent additions or fixtures to a residential or commercial building; 5. business fixtures, including, but not !united to, all conditioners, refrigerators, heaters; 6, land or buildings; i. consumable or perishable items; 8. animals or living plants; 9, more than one article in a pair or set. Coverage will be limited to no more than the value ofany particular part or parts, unless the arlides are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part ofa set or collection; 10. items still under installment biking; 11. additional .-service contract ur extended warranty coverage fora computer, computer component or part that you buy which already comes with an original United States of America manufaci orer's warranty, unless such coverage is provided and administered by the o iginal manu- facturer, and 12. u(n S purchased Cot- resale, professional, 01 commercial use (this does not apply to OPEN Cardmembers). Crcneml Pro. isu>r,s Excess Coverage If any loss tinder this policy is insured under any other valid and collectible policy, then this poll( v shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess ofthe amount ol'such other insurance which is payable of paid. Termination or Cancellation Coverage will cease on the earliest of the tollowing !.the date you no longer maintain a permanent residence in the 50 United States of America, the Disney of Columbia, Puerto Rico or the US Virgin islands; 2 the date we determine that you or some0uc on your behalf intentionally misrepresented or fraud occurred; 3. the date the policy is cancelled; 4, the date you are no longer a cardmember; 5. the date your account ceases to be current and in good standing; or 6 the date the plan is not available in the location where 1011 maintain a permanent residence. 'Termination or cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the policy The company has the right to cancel the policy at ally time by sending a wi ill,-nn notice at least forty five ( 15) days in advance to you at your last known address. The not ice will include ]lie reason for cancellation. EW-DOC-CCSG1 0210, EWDOC CCSG7 02)01:W- DOC-OSBNl 02;07, EW-DOC-OSBN202/07 pLhc ( i Fenno Numhcr: PPA, %`x RDRI Al, u6/07 111,It. ' tndia:-.a Form Numbers: EW'-IND-CCSG1 07107, EW-IND-C(,SG2 07/07, EW-IND-OSBNl 0710', EW-IND-OSBN2 07(07 ,lpplicallt•lot Alc,lds:nt,. , Form Number: PP/ErV-RDRI KY 0.;!07-In the Termination or Cancellation section. The company has tine right to cancel the policy at any time by sending a written notice at least Seventy-file (75) days in advance to you at your last known address. )7_hi 11M,; Form Number: PP/EW-RDRI OK 07/07-The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for tlu proceeds of an insurance polio; containing, any false, incomplete or misleading into-ination is guilty of a Mom. _ti _,ac.tlsk i ,: viz*ider=.t .,; -cr ?a>xa Form Number F-W-RDRI-OR t15/h--In the Exclusions section the following is removed: 3_ fraud or abuse or Illegal activity of any kind by the cardmember, A .able nir Residents of the State r,l 1 exai Form Number: EW-IND-1'X 0710 1 -+: aiile4nts i,f the Stout: ore 1'e1'nnoht Form Number: PP/EW-RDRI-VT 05,/07 J?se Protection x? ,31aj t!iaitthF 4)tt.£'k,4;i Underwritten by AMEX Assurance Company, Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay, W1 54304 Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.) I) t - Certain words used in this Des iiption of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires. Account means Your American Express Card Account. Cardmember means a person who has been issued a United States ofAmerica 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 theU.S. Virgin Islands. Covered Incident means the theft of', or damage, whether by accident or vandalism, to any one item of properly purchased worldwide as a gift or for personal or business use and charged to Your Account. Company means AMEX Assurance Company, and its duly authorized agents. Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. Master Policyholder means American Express Travel Related Services Company, hic- Permanent Residence means the one primary dwelling place where tire Cardmember resides,md 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 he paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Plaiinum 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 Fxpicss 'Travel Related Services Company, . Inc.) We, Lis, Our meatus the Company_ You, Your means the Cardmember. !>ex e:iCroon of lienely, We will pay You the expense charged to Your Account up to $1,000 lit any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service chat ges 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 benett amount is further Lon(ingenl upon Your Account being ('or rent and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan. l:xt.lcani0nns Benefits are not payable it the loss fit which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by. t . war or any act of war, whether declared or undeclared; any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United N'snaas; FDR 974965 .i. participation in a not. civil disturbance, protest or msun ecI ion; 1, violation ofa criminal law, offense or infraction; natural disasters, including, but not limited lo, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; 6, fraud or abuse or illegal activity of any kind by the Cardmember: `. confiscation by any govermnental authority, public authority, or customs official; 8, negligent txiluic ofa duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; it, not hemp reasonably safeguarded by You; 11J. theft from baggage not carried by hand and under Your personal stipervisnon or tinder the supervision of a traveling companion known by You; 1 L damage through alteration (including, but not limited to, cutting, sawing and shaping;); 12. normal wear and tear, nlherent product defect or manufacturer's deleets or normal course of play; n3, damage or theft. while under the care and control of a common cu'rier. t 1, food spoilage; or i 5, leaving property at an unoccupied construction site. For residents of Washmgtun, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by arry 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 aid solely results in loss, or mitiates a sequence of events that result in loss, regardless of the nature of any intermediate or final event in that sequence. The following purchases are not covered: i. travelers checks, tickets of any kind, negotiable instruments (including,butnotlunited to,giftceinh ates,gift cards and gift diecks), cash or its equivalent; animals or living plants. rare stamps or coins; 4. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); antique or previously owned items; 6 motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; '. stolen or damaged property consisting of articles in a pair or set. Coverage will he limited to no more than the value of any particular part or parts, unless the articles arc unusable individually and cannot be replaced individually, regardless of any special value, licy mey have had as part ofa set or collection; ti, items purchased for resale, protessional, or commercial use; permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile; nil. business fixtures, including, but not limited to, air conditioners, refiigerators, heaters; and 1 1, hospital, medical and dental equipment and devices. Cjairns 11ros i....,: - ifYou experience a loss fnnvhich You believe a benefit is payable tinder this plan. You must provide both Notice of Claim and Proof of Loss. To insure pioinpt processing ofYour damn, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete Notice of Claim Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. )on may also write to Us at Purchase Protection, PO Box 402, Golden, CO 80402-0402. failure to provide Notice of,.aaim within thirty 1301 days will not invalidate,: claim or recuce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Noi ice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which 'You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is required and necessar) to lirocess Your claim and determine if benefits are payable. For residents of Missouri, no daim will be denied based upon Your failure to provide notice within, such specified time, unless this failure operates to prejudice the right of his. Proof of Loss Proof of Loss requires You to send Us all the information We request, at Your expense, in order that your claim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within thirty (30) days (for residents ofNorth Dakota sixty (60) days) after We have provided You with instructions and/or a claim fivm in response to Your Notice of Claim or Your claim may he denied four Proof of Loss documentation may be rnailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessarv to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following a Purchase Protection Claim Forrn; _'. the original itemized store receipt; >. the insurance declaration forms for Yonr other sources of ins rance or indemnity (cg..liorncowner's or renter's insurance); 't. a photograph of and/or repair estimate for the damaged property; and 5 for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriaie authority before You ,all to file a claim under Purchase Protection No pavmert will he made nn claims not substantiated in the manner required by Us. It all required documentation is lint received within thirty (30) days ;for residents of North Dakota sixty (60) days) of the date of the Covered Incident (except for documentation which has not been furnished for reasons bevond Your control), coverage maybe denied. it isYour responsibility to provide all required documentation We request. You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within thirty (30; days for residents of North Dakota sixty (60) days) from the hate of Our request to remain eligible for coverage. Payment of Claim A claim for benefits provided by this Plan will lie paid upon Our receipt and review of Your compete Proof of Loss docunnrntalion 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 such 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 reimuursed by other insurance up to Our limits, as provided under the Description ofBenow sect-on. Change of Permanent Residence if the change is to a different stare, Your Policy 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 Il a Plan provision does not conform to applicable provisions of Stalc or Federal law, the Plan is hereby aincnded to comply with such law. Entire Contract; Representation; Change ]'his Descript ion of Coverage, the Policy and any applications, endorsements or riders make up the entire contract Aiiy statement Yoti 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 AMLN 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 any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terns herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid. Fraud it any request for benefits made under the Plan is determined to be hatrdtilent, or if any 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 tact 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 in be given. If a time limit of this Plan is less than allowed by the laws of the statewhere 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 bust for ITS the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the nnaximurn amount payable. Subrogation in the event of any payment under this Policy, We shall be subrugated to the extent of such payment to all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, inducting 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 oft oulsiana, the Right of Recovery, Subrogation and Excess Coverage sections;re revised to reflect: If Une Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the Cardmcmbers right to he fully compensated. Termination or Cancellation Coverage will cease on the earliest of the following: 1. the date You no longer maintain a permanent Residence in the 50 United States ofAmerica, the District of Columbia, Puerto Rico or the U.S. Virgin islands; 2. the date We determine that You or someone on Your behalf intenhnnally misrepresented or fraud occurred; 3. the date the Policy is cancelled; 4. the date You are no longer a Cardmember. the date Your Account ceases to remain Current and in Good Standing; of 6. the date the Plan is not available in the Iocmionwhere You maintain a Permanent Residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy The Companyhas the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in FUR 974965 advance to You at Your last known address- The notice will include the reason for cancellation. lm portant Acid tit onal I n fora ni do , t or You For those eligible and enniiled in the Membership Rewards' program, benefits are also paid when the purchased properly is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the properly received through redemption of a A4eniiership Rewards redemption certificate up to true 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. Please read it and keep it in a safe place. IN WITNESS WHEREOF, We have caused this Description of Coverage to be signed by Our officers -?'?J?+f4 'its,-_ ,, t ' I•M . Joy A. Hanson, President joint "M. Collins, Secretary .AME;XAssurance Company AMEX Assurance Company PP-DOC-CCSG 102/07 Applicabie €iur Pe"•iclents w il:c State airI<eniuck, In the Termination or Cancellation section the following is removed The Company has the right 11) cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address, The notice will include the reason for cancellation. And replaced with the following: The Company has Lite right to cancel the Policy at any time by sending awrftten notice at least seventy-five (75) days in advance to You at Four last known address. The notice will include the reason for cancellation. PP/P.W-RDRI KY 05!0- Applicabie sin k? .ic9z°rtU> it oI a3t In the Exclusions section the following are removed: 4. violation of a criminal law, offense or infraction; 6. fraud or abuse or illegal activity, of any kind by the Cardmember; The Proofof Loss section is hereby removed in its entirety and replaced with the following. Proofof Loss Proof of Loss requires You t:i send Us all the information We request, at Yout expense, to order that Your daim may be evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with saustactory Proof of Loss within ninety (90) days after We have provided You wish instructions and/or a claim form in response to Your Notice of Claire or Your claim may be denied. Your Proofof Loss documentation may be mailed to Us at the same address provided above (cr mailing Your Notice of Claim. We reserve the right to requestall the information We deem necessary to determine that )'role slain is payable, and We will not consider that We have received complete Proof of Loss until file nfoi matron We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: I. Purchase Protcction Claim Form:. 2. the original itemized store receipt; 3, the insurance declaration forms for Your olher sources of insurance or indenmity (e.g, homeowner's or renter's insurance), 4. a photograph of and/or repair estimate for the damaged property; and 5- or theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection. No payment will he made our claims not substantiated in the manner required by Us- Ifall required documentation is not received within ninety (90) dtrys of the date of the Cnvcred Incident (except lbr documentation which has not bden furnished for reasons beyond Yotn' contr(il), coverage!naybe denied. It k Your responsibility to provide all requh'ed doctrmetitatinn We request. You maybe required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within ninety (90) davc from the date of Our regv st to remain eligible for coverage. PP-RDRI-OR 05/07 The Legal Actions section is hereby removed in its entirety and replaced with the following: 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 six (6) wars from the time Proofo(Lossis required to be given PP/EW-RDRI-SD 051U" AppL,ah,c fio i-,sii In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) davs 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 by sending a written notice at least lorry live (45) days in advance to You at Your last known address. Tile notice will include the reasuu for cancellation PR,IFW-RDRI-VT o,/0'7 Apphcab?,Iot {esir ioa ,t.kt 'title opening paragraph in the Exclusion section is removed in its entirety and replaced with due following which is added and trade part of the Description of Coverage: These exclusions do not apply if the dominate cause of a loss is a risk or peril that is not otherwise excluded. Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to of caused be The Legal Actions section is hereby removed in its entirety and replaced with the following which is added and made part of the Description of Coverage: Legal Actions No legal action may be brought to recove 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 from the time Proofof Loss is required to be given. if there arc any claims the three year thneframe does not begin in nn until after the claim ias been denied - PIVEW-RD R I -Ak 0610- The follow rug is added to your Description of Coverage: WARNING: Any person who knowmgly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an mourance policy containing any false, incomplete or misleading information is guilty of a felony. PP/L1% RDRI-0k07/07 Arizona and Indiana, norm Numbers. PP IND-CCSGI 07/07, PP-IND-CCSC2 0"/07, PP IND-CISBNI 07'07, PRIND- OSBN2 0'T'07 'texas, Form Number: PP-IND-TR 07/07 f t 1-111---l-w- llulislnllt? Travel Accident Insurance is underwritten by AMEX Assurance Company, Administrative Office, Green Bay, WI. Coverage is determined by the terms, conditions, and exclusions of Policy AX0948 and is subject to change with notice to you. This document does not supplement or replace the Policy. Please call us at the number at 1-800-437-9209 for a complete copy of your terms and conditions or if you need to file a claim. Travel Accident husarance provides accidental death and dismemberment insurance while traveling (,it a Common Carrier Convey.mce (plane, train, helicopter, ship, or bus) when the entire fare has been charged to the Card. Asa benefit of Cardmenbership, the Covered Person will receive a benefit level of coverage depending on the type of lmencan Express Card account to which the entire tare fill the Common Carrier Conveyanc, was diarged for the covered trip. Covered Persons include the basic Cardrnernber, each additional Cardmember, and each of these Cardmember's spouses or domestic partners and dependent children tinder 23 years of , gc. All Covered Persons must have a permanent residence within the 50 United States of American or the District of Columbia. All other persons are not Covered Persons under the Policy. The capitalized terms used herein shall have the meaning assigned to such terms in the Policy. Please note that certain terms contained in this summary are defined within the full policy document. Ocscrip(om of Benefits Accidental Death and Accidental Dismemberment. The Plan provides coverage for accidental death and dismemberment due to a loss from an injury while coverage is in tierce under the Policy, but only if such loss occurs within 100 days after the date of the accident which caused the injury. If more than one loss is sustained, benefits will be paid for the greatcstlnss. Benefits are paid according to the following schedule: • Loss of Life - 100% Loss of both hands or both feet - 100. Loss of one. hand and one foot 100% • toss of entire sight of both eyes - 100% Loss of entire sight of one eye and one hand or one foot - 100% Loss of one hand or one toot - 50% Loss of the entire sight of one eye - 50%. Common Carrier Benefit. This benefit is payable if the Covered Person sustains accidental death or dismemberment as a result of an accident which occurs while riding solely as a passenger in, or boarding, or alighting from, or being struck by a Common Carrier Conveyance on a covered trip. Exposure and Disappearance. If the Covered Person is unavoidably exposed to the elements because of an accident on a covered trip which results in the disappearance, sinking or wrecking of the common carrier conveyance, and if as a result of such exposure, the Covered Person suffers a loss for which benefits are otherwise payable under the Policy, such loss will he covered under the Policy; if the Covered Person's body has not been found within 52 weeks after the date of such accident, it will be presumed, subject to there bring no evidence to the contrary: that the Covered Person suffered loss oflife as a result of mjury covered by the Policy The Basic Cardmember may designate a beneficiary or change a previously designated beneficiary for himself or herself and his or her spouse or domestic partner and dependent children who are not Additional Cardmembers. An Additional Cardmember may designate a beneficiary or change a previously designated beneficiary for himself or herself and his or her spouse nr domestic partner and dependent children who are not also the Basic Cardmember, the Basic Cardmember~ spouse or domestic partner or children, or Additional Cardmembers. If no beneficiary is designated benefits will be paid to the surviving person or equally to the surviving persons in the first of the following classes: spouse or domestic partner; children, equally per stirpes; and the estate. i'1tti3?i?F:ts 'The Policy contains the following exclusions: • suicide or self-destruction or any attempt thereat, while sane or insane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane • war or any act of war whether declared or undeclared; however, any act committed by an agent of any government, party, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting secretly and not in connection with any operation of armed forces (whether military, naval or air forces) in the country where the injury occurs stall not be deemed an act of war • injury to which a contributory cause was the commission "for attempt to commit an illegal act by or on behalf of the Covered Person or his/her beneficiaries • injury received while serving as an operator or crew member of any conveyance injury received while driving, riding as a passenger in, boarding of alighting from a rental vehicle njury received during or its, it result of commutation sickness, physical or mental infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of an injury. FDR 974965 T'erminathrn or ( anccllatimr Coverage under the Polity will cease on the earliest of the following: • the date the Covered Person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia the date we determine that the Covered Person or someone on the Covered Personti behalf intentionally misrepresented or fraud occurred the date the policy is cancelled the date the basic Cardmemhers account ceases to remain current and in good standing • the date the Plan is not available in the location where the Covered Person maintains a permanent residence. The Company has the right to cancel the Policy at any time by sending aivr tennoticeatleastfurryfive(45)daysin advance to you at your last known address. The notice will include [lie reason for cancellation. Farm Numbers: TAI-DOC 0310:' Forms in addition to those listed above are also applicable to residents in the following states: Connecticut, ]'arm Nurnber: T41-RDRI-CT 03/07 Illinois, Form Number'I-AI-RDR I -TL 03/07 Kansas, Form Number: TAT -RDR I -KS 03/07 Maine, Form Number: TAT -RDRi -ME 03/07 Minnesota, Form Number: TAI-RDRI-MN 03/07. In the Exclusions section the 10110w ng replaces the exclusion regarding illegal acts: injury in which a contributory cause was the commission of or attempt to commit a felony by or on behalf of the Covered Person or his beneficiaries. Nevada, Form Number: 'Al RDRI -NV 03107. In the Termination and Cancellation section the forty five (45) day advance written notice is replaced by a sixty (60) day advance written notice. New York, Fnrill Number 1 AT-RDRI-NY 03/07. Covered Persons does not include language requiring a permanent residence within the 50 United States of American or the District of Columbia. 'I he li licvving replaces the exclusions found in the Exclusion section: • suicide, attenipted suicide or intentionally self-inflicted injury • war or any act of war, whether declared or undeclared; participation in a felony, riot br insurrection; service in the Armed Forces or units auxiliary thereto • injury ht which a contributing cause was the Covered person's commission of of anempt to commit a felony or to which a eotrthutmg cause was the Covered Person's being engaged in an illegal occupation • sickness, except for an iuf:chon that was the result often injury mental or emotional disorder pregnancy, except complical ions of pregnancy and except to the extent coverage is regtcred pursuant to Section 3221 of the New York Insurance haw • the consequence of the Ccvered Person's being intoxicated or under the influence of any narcotic unless administered on ill, advice 4 a physician. In the Termination and Caecellation section the following is removed au its entirely: the date the Covered person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia. ht [lie Termination arid cancellation section the following replaces the language regardint, misrepresenfafion or fraud: the date we determine that the Covered Person or someone on the Covered Persoi;s' behalf intentionally misrepresented or fraud occurred in a written instrument signed by the Covered Person_ North Carolina, Dorm Number: TAT-RDRI-NC 03107 Oklahoma, Form Number: TAT-RDRI-OK 03/07. In the Exclusions section the following replaces the exclusion regarding war: war or act of war, declared or undeclared, while serving in tine military service cr any auxiliary unit. attached thereto Texas, Form Number TAl-RDRi TX 03/07. Covered Persons include dependent children under 25 years of age who are stepchildren; adopted or a party to a suit to be adopted children; grandchildren who are unmarried and dependent on the Cardmember for tax purposes at the time the application for coverage is made; and plnv.sically of mentally handicapped children who are unmarried, cannot self-support themselves, and are beyond ill" terrninau--n age. Vermont, Form Number TAi-RDR I V'1`03/07. In the Exclusions section the following replaces the exclusion regarding suicide. suicide or self-destruction or any attempt thereat, while sane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane. in the Exclusionssection the following replaces the exclusion regarding specific conditions: sickness, physical infirmity, pregnancy, ur any medical or surgical treatment tin such cur.ditions, unless treatment of the condition is required as : he direct result of an injury. atriC'nv ae Car Rental loss and Damage insurance provides the Cardmember, if the Cardmember is the primary renter, (as defined bdowl with insurance coverage tin damage to or theft of most Rental Autos when the Cardmember uses the Card (as described below) to reserve and pay fur an auto rental from any Commercial Car Rental Company ("Rental Company") other than those located to Australia, Ireland, Israel, Italy, Janhaica, and New Zealand ` 'Ibis coverage is always excess insurance. Rental Auto means a four wheeled, two axle passenger type motor vehicle, designed for and sold to accommodate private passenger transport on public roads. t#ltoisi igibl' for s'ralc You arc eligible for coverage if: i, You are a Basic of Additional Cardmember and an American Express' Card or Optima' Card in association with that Card (the `Card") has been issued to you in your name; You are of an account status and class that is provided Car Rental Loss and Damage Insurance as a benefit of Cardmembership ("Cardmember" ); 3. Your Card account is billed from a J.S. operating center in U.S. dollars; and 4., You maintain your permanent Residence within the 50 United Sides of America, the District ofColunbia. Puerto Rico or the U.S Virgin lslands_ Permanent Residence means the Covered Person's one primary dwelling place where the Covered Person permanently resides and intends to return. A Personal, Gold, or Rewards Plus Gold Cardmember who is enrolled at an accredited four-year college, university of graduate school in the United States and is receiving student benefits provided as a benefit of Cardmembership is not eligible fo, benefits under this Policy. 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 (:at Rental company means "Rental Company"' {t, ;et Covcr igc for ihcft ui ur damage to a Rental Auto is activated when tile Cardimanbei:' present:; his or her eligible Card to the Rental Company to reserve the Rental Auto by making a reservation; or by placing a hold nr deposit at the time the Rental Auto is checked out; 2, decline;. the full Collision Damage Waiver or similar option (CDW), or pays for a partial collision damage waiver, offered by the Rental Company; 3. is the primary renter, which is defined as the Cardmember, who is named on the written agreement with the Rental Company as the person renting and taking control and possession of the Rental Auto ("PrinnaryRenter "); and 1. uses tine Card to pay for the entire auto rental fioin the Rental Company at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cardmember, who is physically challenged and unable to operate the Rental Auto, may be the Primary Renter it helshe is the Cardmember entering into the rental transaction. When C;on erage 1'eriruiwtCs Coverage for theft of or damage to tine fIentxl Auto terminates when: the Rental Company resumes control of the Rental Auto, or 30 consecutive days after the Rental Auto was checked out, whichever is earlier, or the Policy is cancelled Length of Coverage Car Rental Loss and Damage insurance covers eligible Rental Autos when rented tinder 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 rents a Rental Auto beyond 30 consecutive days front the some Rental Companni regardless ofwhether the original agreement is extended. or it new written agreement is entered 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 out of a 45-day period within the same geographic market/location (75 mile radius)- ii That is Covered Car Rental Loss and Damage insurance reimburses a (:ardmember for payments for damage to or theft of a Rental Auto that the Cardmember is required to make, tip to the lesscr of: 1) the actual cost to repair the Rental Auto, 2) the wholesale Book value minus salvage and depreciation costs, or 3) the purchase invoice price of the Rental Auto minus salvage and depreciation costs. The coverage also reimburses the Cardmember for reasonable charges (those charges incurred at the closest facility that are usual and customary in the vicinity in which the loss or disablement took place) imposed by the Rental Company, such as towing or storage and Loss o£Use. Loss of Use means the unavailability of a Rental Auto and consequent loss of revenue by the Rental Company due to damage or theft. Unless otherwise required bylaw, the Rental Company must submit a tree, utilization log indicating that du ing such time: I, no other Rental Auto was available; and there was a demand fir-- a Rental Auto. Car Rental Loss and Darnage Insurance covers no other type of loss. For example, in the event of a collision involving the Cardmember s Rental Auto, damage to any other driver's car or the injury of anyone or anything is not covered. Note: This policy does not provide liability or any other coverage such as Uninsured Motnrim, beneHfs under any Worker's Compensation law, Disability- benefits law or other mandated Govermneot Plans S4 Yuan i _,r ,,, Co, el ago Ve.raa, Car Rental Loss and Damage Insurarice is an excess insurance plan. This means that [his excess coverage will reimburse the Cardmember only for losses/expenses not covered by plans, such as a partial collision damage waiver, any personal auto insurance, employer's auto insurance or reimbursement plan or other sources ofinsurance. When these other plans apply, a Cardmember must first seek payment or reimbursement and receive a determination based on the stated terms of such other Plans, that any such Plans do not provide coverage before flits excess coverage will reimburse the Cardmember. t'ei"clr s Net 0"ereti Car Rental Loss and Damagc insurance does not cover rentals of. I. expensive cars, which means cars with an original manufacturer's suggested retail price of $.50,000 or more when new, , exotic cars regardless of year or value, including but not limited to Chevrolet Corvette, 'Toyota Supra, Mazda RX-7, Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 GT, Nissan 300 7,X, Jaguar XJS, Acura NSX, Mercedes ST., SIX, S Coupe and E320 Coupe arid Convertible, BMW M3, Z3 and R Series. Cadillac Allante and all Porsche, Ferrari, Land o -ghini, Mascraii, Aston Martin. Lotus, flugatu, Vector, Shelby Cobra, Bentley. Rolls Royce; i, trucks, pick-ups, cargo vans, custom vans; L full-sized vans, including but not limited to, Ford Econoline or Club Wagon, Chevy Van or Sportvan, GMC Vandura and Rally, Dodge Ram Vans and Ram Wagon; _. vehicles which have been customized or modified from the manufacturer's factory specifications except for driver's assistance equipment for the physically challenged; vehicles used for hire rn commercial purposes; ?, mini-vans used for commercial hire; Note: llasscnSerMini-Vans (nol Cargo illini-Vita) with actory;pectfied seating rapacity of' 8 passengers or less, including but not limited to, Dodge Caravan, Plymouth Voyager, Ford Winds/fir and Nissan Quad, are covered when rented for personal or business use only. FDR 974961 S. antique cars, which means cars that are 20 years old or have not been manufactured for 10 or more years: 'J. limousines; tit, full-sized sport utility vehicles, including but not limited to, Chevrolet /GMC Submban, 'i'ahoe and Fulton, Ford Expedition, Lincoln Navigator, Toyota Land Cruiser, Lextts LX450, Range Rover or full-sized Ford Bronco; 11. spore/etility vehicles wren driven "off-road"; and Note: Cornpac sport/utility vehicles, including but not limited to Ford E.eplorer, Jeep Grand Cherokee, Nissan Pathfinder; Toyota Four Rwme, Chevrolet Blazer and Isuzu Trooper arid Rodeo are covered when driven on paved roads. t1 off-road --lides, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any outer vchide whicli is not a Re:rtal Auto. l .o"c' Car Rental L, and Da nage Insurance does not ,over losses caused by ur contributed to by. L operiliun 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 terms of the rental agreement was in possession or control of the vehicle; or, driving the vehicle outside of the authorized rental territory); 3. leased or mint-leased vehicles; i, costs attributed io the Commercial Car Rental Company's normal coarse of doing business; 'I, intentional damage; illegal activity, such as losses where the Rental Ault) was used for, or involved in illegal activity or felony; pre-existing conditions, damage or defect; 7. alcohol intoxication on the part of file driver, as defined in the state where the Accident occurred; 3. voluntarily taking any chug or acting under the influence or effect ofthat drug (unless taken as prescribed or administered by a Doctor); i. war or military activity; In. radioactivi tv; 11. confiscation by authority; 12, wear and scar, including gradual dciertora(ion; I ;, damage which is due and confined to freezing, mechanical or electrical breakdown or failure unless such damage results from a theft coicred by the Policy; l 1, failure to return keys to the Rental Company when the vehicle is stolen; 1 .3, theft or damage to unsecured vehicles; l6. theft of m damage to tires (flats or blowouts), unless damaged by fire, malicious mischief, vandalism, or stolen, unless the loss is,mncident with and from the sannc cause as other loss covered by the policy; and (7, oil-road operation of (ID_ vehicle Car Rental Los_. and Damage insurance does not cover, and benefits will not be paid for i, sales tax related to repair of darnages, unless reimbursement of such sales lax is required by law; damage to any vehicle other than the Rental Auto; damage to any property other than the Rental Auto, owner's property, or items not (ermanendy attached to the Rental Atilt"; 1 the injury of anyone (it anything; expenses assurned, waived or paid for by the Rental Company or its insurer, 3. expenses covered by the Cardmember s personal auto insurer, employer nr employers insurer, or authorized driver's insurer; value added tax ur similar tax, unless reimbursement of such tax is required by law: Ei- diminishment of value; any Rental Auto used for hire or commercial purposes; and 10. depreciation, unless reimbursement tit depreciation is required by law Bevy to hiic a i Notification of damage, including vandalism, theft, Oran accident must be reported to the appropriate law criforcement agency as soon as o-axmably pessfble.'Fhis requirement applies regardless of whether thx Rem at Auto is froolved with other vehicles. Fair:re to notify. nay result in denial of benefits. if a loss occurs, a Cardmember should promptly notify the Car Rental Loss and Damage Claims Unit tall free at (800) 338-1670 in the U.S. only or call (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 Cardmembcr may have and will send the Cardmember a claim form with instructions. Complete and sign the claim form, Nvritten 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 Rox, 94729, Cleveland, Ohio 44101-4729. It the proof of loss and other documentation is not recencd within 69 days of the date of loss, coverage may be denied. Required documentation may consist of, hilt is riot limited t, our signed and completeddaimin-m; an itemized repair bilk ;. a copy of charge slip lit the rental of the Rental Auto, Rental Ault) contract or machine generated receipt to show, rental was charged and paid for with an American Express Card; 4. a police report (if applicable); 3, photos ofthe damaged vehicle, if avaflable; 6, a copy of the Cardmentbei's, authorized driver's or employer's auto insurance coverage, or e, notarized letter stating no insurance; *_ a copy of all claim documents and correspondence, provided by (lie Car Rental Company; S. a copy of the Rental Company ;s utilization log; 9. a copy of the drivers license of the Cardmember and/or authorized driver, unless the driver'-, license. ntunbex shows on the rental agreement; 10. a copy of the written rental agreement, Trent and back, which documents when the Rental Auto was checked out and checked in; and € 1. information pertaining to other available insurance coverage(s). Cardmember cooperation with issues related to their benefits is required. Wall required documentation is not received within 180 days of the date it loss (except for documentation which has not been furnished for reasons beyond the Caidmeurber's control), coverage may be dented- 1.. are Paid All Car Rental Loss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember; except that payment may be made. at the discretion of the Insurer, jointly to the Cardmember and the Commercial Car Rental Company when the Car Rental Company has not been reimbursed for the covered loss or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company or any other party Note: Renellt will not be paid f on the date of loss, on the date of claim filing, or on the date of potential daini payment, ant, amount do on }bur Card account is 1, ist due or Your Card is cancelled.' ttig#d:saf Reco,- Y: In the event of a payment under this Policy, the Insurer is entitled to all the rights of recovery that the Cardmember, to whom payment was made, has against another. That Cardmember must sign and deliver to the Insurer any legal papers relating to that recovery, do whatever else is necessary to help the insurer exercise those rights and do nothing after loss to harm the insurer's rights. When a Cardmember or Commeraal Car Rental Company has been paid damages under policy No. A X0925, and also recovers from another, the amount recovered from the other shall be held by that Cardmember nt' 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 fn 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 art,,] documents to reasonably assist tit tire disposition, of the legal matter h /then a Car /member is served ivitli sot and/or summons papers 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 Lugs and Damage claims unit within 15 days of when the Cardmemher is served. Failure to comply, may result in denial of benefits. ,,.:. Lrfihrntati(n i", You This coverage is underwritten by AMEX Assurance Company ('Insurer') through insurance Policy AX0925 (tire I'ulicy°) issued to American Express'fravel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Policy may be changed or terminated. This Description of Cuverage is an important document. Please keep it in a sale place. Although it describes the present form of insurance as it exists at the time of printing, this document is not the Policy or contract of insurance. The benefits described in this document are subject to all of the terms, conditions and exclusions of the policy issued by the underwriter. This document replaces any prior Description of Coverage under the Polies which may have been furnished to the Cardmember. Y (tvzl:- 1 V ? Joy .A fianson, President john M. Collins, Secretary AMEX Assurance Company AWX Assurance Company CRLDI-DOC-CCSG 11105 1. For those eligible and enrolled in Membership Rewards; fa Membership Rewards redernption certificate is used, coverage is provided only to Rental Autos rented in the United States. 2. When used in conjunction with it Alembership, Rewards redemption certificate, the participating Cap Rental Companies are limited to Hertz, National and Budget. 3. Ifeligible uand enrolled in Membership Rewards, coverage is also activated when the Cardmember (1) presents a Membership Rewards redemption certificate and (2) uses a Membership Rewards redemption certificate at a participating Commercial Car Rental Company. Important note !,it those enrolled in Membership Rewards: A Membership Rewards redemption certilicate can only be redeemed by eligible Cardmembers. Benefits will riot be paid when a Akinbershrp Rewards redemption certificate has been transferred to non-eligible Canlinernbers and/or non-Cardmembers. 4. 1)nes not apply, tv New Ytrk State resident. "gal iniormv .f E.tauisiana The Rights of Recovery sect ion is replaced with the following: 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 Companys right to recover is subordinate to the Caidnremben's right to be /idly compensated. CRLDI-RDRI-LA 11105 ',dktitiaancl (noonurithm ti k ^rdeni,,A stmuth lyakola Under Losses Not Covered, item number 5. is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: 5. violation of criminal law, or commission of a criminal act, whether cited or charged. Under Losses Not Covered. item number 7, is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by'. or sumption of alcohol at or fn excess of the legal blood alcohol level for a felonry c nvi, tion tit the state or locality in which the Accident occurred; CRLDI-RDRI-SD 11105 sootier°cr te'ldearts of S: errnomt under Losses Not Covered, the following item is hereby emoved. alcohol intoxication our the part of the driver, as defined in the state where the Accident occurred; CRLDi-RDRI-VT 11105 =riattional /nit i mailer, ? 2 ?^iderzts k t `.4?issotasin Under Losses Not Covered. the following items are hereby emoved: illegal activity, such as losses where the Rental Auto was used for, or Involved in illegal activity or felony; 11 alcohol intoxication on the part of the driver, as defined in the state where the Accident oc(urred; S. voluntarily taking any drug or acting tinder the influence or effect of that drug !unless taken as prescribed or administered by a Doctor), FDR 974W, Under Losses Not Covered, the following item is added 18. The use of the Rental Auto for unlawful purposes, or for transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled subsea ice analog, or it combination thereof, or under the influence of any other drug to a degree which renders hum or her incapable of safely driving, or under' the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner CRLDI -RDR 1-WI 11105 Additional Into: o.ttiorr t i a I'C"; Vu."'Inia Under How Benefits are Paid, the Footnote, to the note that reads Note: Benefits will not be paid if, on the date aJ loss, on the date of claim jiliug or on the dole of potential i lairn payment, any amount due un Your Card account is past due or Your Card is cancelled, is her eby revised to read as /ollotvs: Does not apply to West Virginia and New Fork State residents. CRLDI-RDRI %4' 11105 t elditwnctt Lstc F.a,;ttoa, is R'-c - t'.obria A portion of the fees associated with this Card are applied to the insurance )cnefit CRLDI-RIV NC 11105 1'I hrl it 3' I s„ the, ft , Arizona and Indiana, Form Numbers: CRLDI-IND-CCSG 11105; CRLDI IND-OSBN 1 U05; CRLDI-IND-PLAT 11105; CRLDI-IND-CEN i 1105; CR1.T>I-IND-OSBN-Pi.AT 11 /05; CRI-DI-IND-End 110!08 Texas, Form Numbers: CRLDI-IND-CCSG=TX 11/05; CW,DI-IND-OSBN'-'IX 11/05; CRLDI-IND-PLAT-TX 11/05; CRLDI-IND-CEN-TX 11;05: CRLDI-IND-OSBN-PLAT-TX 11(115. The followingis added to the polity: This policy only provides coverage hfyou decline the hill Collision Damage Waiver offered by the Rental Company This policy is not automobile liability insurance and does not comply with any financial responsibility law. Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to it rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for renal vehicle damage or toss, If you file a claim under your personal automobile insurance policy, your insurance company may choose to no rene,.,, your policy at your renewal date, but may do so only if you arc at fault br the claim. A Termination and Cancellation section is added: Coverage will cease on the earliest of the following the date you no longer maintain it permanent residence in the 50 United States of America or'he District of Columbia; the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; tire date we cancel the Policy; the date you are no longer a Cardmernber; or the date the Policy is not available in the location where you maintain a Permanent Residence. If the Policy is cancelled, we will send written notice at least forty five (45) days in advance. We may not cancel or non-renew this Policy based solely on the fact that voa are an elated olfici,J. FDR 974965 "- Blue Cash® from American Express " ,.....ry DIANE M THIELEMANN Closing Date 01/03/12 New Balance $8,156.01 Minimum Payment Due $727.00 Includes the past due amount of $564.00 Payment Due Date 01/28/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the balance And you will pay an charges and each month you shown on this statement in estimated total of... pay... about... Only the Minimum Payment Due 21 years 22,163 If you would like information about credit counseling services, call 1-888-733-4139 q See page 2 for important information about your account. O This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. i Pleasefold on the perforation below, detach and return with your payment i p. 1/3 Account Ending 5-82003 Get cash back virtually everywhere you use the Card. Account Summary r Previous Balance $8,256.01 Payments/Credits -$100.00 New Charges +$0.00 Fees +$0.00 Interest Charged i +$0.00 New Balance $8,156.01 - - Minimum Payment Due - $727.00 Credit Limit $10,200.00 Available Credit $2,043.99 Cash Advance Limit $0.00 Available Cash $0.00 Days in Billing Period: 32 Customer Care PaybyComputer americanexpress.com/pbc Customer Care Pay byCustomer Care Pay by Phone 1-888-258-3741 1-800-472-9297 I-J See Page 2 for additional information. ® Payment Coupon Pay by Computer Pay by Phone Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 I?rll??l?lrlrl?l?l'11?1?1?1?1'IIIrr?IrllJl?l'I?IIIII???II11111?? DIANE M THIELEMANN 816 W TRINDLE RD MECHANICSBURG PA 17055-4057 Account Ending 5-82003 Enter account number on all documents. Make check payable to American Express. Payment Due Date 01/28/12 New Balance $8,156.01 Minimum Payment Due $727.00 Ill?lllllrl?ll'I?III'11111"III?III???I??I???IIII'I'III?IIII'?I?I AMERICAN EXPRESS ? Check here if b your your has chaaddressngedor P.O. BOX 1270 Amount Enclosed phone numb $ • . Note changes on reverse side. NEWARK NJ 07101-1270 Exhibit 0000349990958473151 000815601000072700 02 H DIANE M THIELEMANN Account Ending 5-82003 p. 2/3 Payments: Your payment must be sent to the payment address shown on your statement and must be received by S p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check 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; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unlessa particular rate is required by law. Pleasedo not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in dailycompounding of interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This 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. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit ba'iance within 30 days if the amount is $ 1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-518-886E.. Customer Care & Billing Inquiries 1-888-258-3741 Hearing Impaired International Collect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-888-258-3741 FAX: 1-800-695-9090 Express Cash 1-800-CASH-NOW In NY: 1-800-522-1897 Change of Address If correct on front, do not us,e. • To change your address online, visit www.americanexpress.com/updatecontactinfo • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. • Please print clearly in blue or black ink only in the boxes provided. Street Address City, State Zip Code Area Code and Home Phone Area Code and Work Phone Email Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments j P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 I Pay Your Bill with AutoPay Avoid late fees Save time Deduct your payment from your bank account automatically each month visit americanexpress.com/autopay today to enroll. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. %4-16; Blue Cash' from American Express DIANE M THIELEMANN Closing Date 01/03/12 p. 3/3 Account Ending 5-82003 Payments and Credits Summary Total Payments -$100.00 Credits $0.00 Total Paymentsand Credits -$100.00 Detail *Indicates posting date Payments Amount 12/15/11 * PAYMENT RECEIVED ACH - THANK YOU -$100.00 Fees Amount Total Fees for this Period $0.00 Interest Charged Amount Total Interest Charged for this Period $0.00 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 $25.00 Total Interest in 2012 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 17.24% (v) $0.00 - -- $0.00 - Cash Advances 25.24% (v) ----- $0.00 $0.00 Total $0.00 (v) Variable Rate SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor CA cumt), 111 ?? f 2 MAR 16 PM 3: 3 5 UMBBLACVD LciUN T y PENNSYLVANIA American Express Centurion Bank vs. Diane Thielemann Case Number 2012-1484 SHERIFF'S RETURN OF SERVICE 03/08/2012 03:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1526 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Diane Thielemann, by making known unto herself personally, at 816 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 March 12, 2012 RYAN BURGETT, DEP SO ANSWERS, RON R ANDERSON, SHERIFF y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Centurion Bank Plaintiff . raw .° 7n b r~,_ - ?' " .) z C. V. ;' No. 2012-01484 -70 --; DIANE THIELEMANN 7 5 Defendant e..? 1^_0137 001 ORDER FOR JUDGMENT Now on this _/(\*- day of __ M,#Y . 2017-, Plaintiff, American Express Centurion Bank. "Plaintiff") by and through its attorney. Demetrios Tsarouhis, Esq., and DIANE THIELEMANN ("Defendant"), and upon consideration of the parties Stipulation for Judgment, it is THEREFORE ORDERED, ADJUDGED AND DECREED that judgment is hereby entered in favor of Plaintiff and against Defendant for the principal sum of $10,398.76 together with interest at the statutory rate per annum from and after 02/20/2012 together with the costs of this action: It is FURTHER ORDERED. ADJUDGED AND DECREED that execution on the judgment shall be stayed against Defendant provided Defendant pays $500.00 by March 30, 2012, $700.00 by April 30, 2012, and $150 per month until the amount of $10,398.76 is paid in full. The initial payment shall be paid immediately and each additional monthly payment shall be due by the twentieth (20) day of each month thereafter. As long as timely payments are made, the paw shall apply to the sum of $10,398.76 and all remaining principal, interest and attorneys' fees shall be waived. All payments should be made payable and forwarded to: "Demetrios Tsarouhis, IOLTA-COLLECTIONS" 21 South Ninth Street, Allentown, PA 18102. Should the Defendant default in any provision of this Agreement or default in the repayment of the debt at any time, then the full amount of the judgment, $10.398.76, court costs of $350.00 including all interest at the statutory rate per annum from and after 02/20/2012 plus attorneys fees of $1,500.00 shall become immediately due and owing, and LET EXECUTION ISSUE THEREFORE. BY THE COURT: i 1to.5o PA ATTY it 533 e N Ace Mai 6J-