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Home My WebLink About12-2984Our File No.: 340615 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, vs. MICHELE ROBERTS 14 ARDMORE CIR NEW CUMBERLAND, PA 17070 Defendant. r ..j „? i `it 1 N(7? . E 011 ? I ns P,4' 12: 1 PEb,'NS YLVAii 1 ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: eiu;L NOTICF 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 ST. CARLISLE PA 17013 717-249-3166 79-.5'eL (2K J?- '5'96qs :2^f sIsb Our File No.: 340615 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. vs. MICHELE ROBERTS 14 ARDMORE C1R NEW CUMBERLAND, PA 17070 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT Plaintiff is American Express Bank, FSB ("Plaintiff'), a federally chartered thrift institution, with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is/are MICHELE ROBERTS, an adult individual residing at 14 ARDMORE CIR NEW CUMBERLAND. PA 17070. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS BANK, FSB, issued to Defendant(s), Account # ending in 1007. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $10,487.19. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $10,487.19 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSO IATES, P.C. Attorney for Plaintiff A Law Firm Engaged in ebt Collection BY: David J. Apotha4Asquire Dated: 5/9/2012 Our File No.: 340615 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & Ag Attorney for A Law Firm Engaged i TES, P.C. Debt Collection BY: David J. Ap DATE: 5/9/2012 AMERICAN EXPRESS BANK, FSB MICHELE ROBERTS 14 ARDMORE CIR NEW CUMBERLAND, PA 17070 STATEMENT OF ACCOUNT Debtor's Name: MICHELE ROBERTS Account Number: ending in 1007 Balance Due: $10,487.19 Our File No.: 340615 EXHIBIT "A" CD2582-,°C3920hE9 p12;?DR815-99 3/11/2008 1:07 AM Page 1 FDR 920699 CD 25820 (05/08) AMERICAN E?RE55 Welcome to American Express Cardmembership This document and the accompanying supplement(s) constitute your Agreement. Please read and keep this Agreement. Abide by its terms. When you keep, sign or use the Card issued to you (including any renewal or replacement Cards), or you use the account associated with this Agreement (your Account"), you agree to the terms of this Agreement. The words "you," "your" and "yours" mean the person who applied for the Account and. the person to whom we address billing statements, as well as any person who agrees to be liable on the Account. The "Basic 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'). The term "Card" refers to the American Express' Card issued to you, all other Cards issued on your Account, and any other device (such as Account numbers and convenience checks) with which you may access your Account. .,we;' "out, and "us" refer to American Express Bank, FSB, the issu er of your Account. C'.si ns; ; he £:a rd 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 tine applicable limits on your Account. At our discretion, we may permit you to transfer balances from other accounts to your Account ('Balance Transfer(s)"). At our discretion, we may issue convenience checks that you can use to access your Accenmt. Each convenience check may be used only by ,you. You may not use convenience checks to pay any amount you owe under this Agreement or to pay any other account you have with us or our affiliates. Transactions you make in response to promotional offers from us will be subject to the terms of the promotion and this Agreement. All amounts charged to 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 and/or a Balance Transfer will be treated as a Purchase, except as otherwise noted. It you make a Purchase or a Balance Transfer, or use a convenience check, that is governed by a pi omtioural offer from us, the Charge will be included in a I'ronn,lional Balance, unless the notify you otherwise. You agree not to let any person use a Card except a Cardmcmber whose name is on it_ You agree to notify us if the Card s lost or stolen, or you suspect that it is being used without your permission. You agree to use the Account only for Pondtases, Cash Advances, nr Balance Transfers that are lawful and a,c permitted under this Agreement. We nuty issue you renewal or replacement Cants before a previously issued Card expires. I you or an Additional Cardmcmber authorize a third pan y Io bill Chargcs on a recur ing basis to your Account ("Recurring Charge(s)"), we may (but are nut required to) provide such third party with your current Account status, Card number and/or expiration date to permit that third party to continue billing your Account. We may take such steps even it vour account number changes orifwe issue a renewal or replacement Card to you or an Additiunal Cardmember. To withdraw authorization for it Recurring Charge, you must notify the third parts. ? tta?.u,d I-ce Classic: The annual fee for the Account is $SS unless you arc dco the Basic Cardmember of a domestic American P,xpress consumer charge card account that has an annual fee greater titan or equal to S55, in which case there is no annual Ici Gold: 'I he annual fee lot the Account is $95 unless you are also the Basic Oardmember Ufa domestic American Express consumer charge card account that has an annual fee greater thai: nr equal to SSS,in which case the annual fee is $40. Platinum: The annual fee for the Account is $150 unless you are also the Basic Cardmember of a domestic American Express consumer charge card account that has an annual fee greater than or equal to $55, in which case the annual fee is $95. Credit Line A portion of your credit line may be 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, for Classic Credit cardmembers, a total of $2,500 in any seven-day period for Gold Credit Cardmembers, a total of $3,500 in any seven-day period for Platinum Credit Cardmembers or (it) the remaining amount of the Cash Advance limit on your Account; and we may impose additional limits at our sole discretion (in addition to any limits imposed by the ATM's owner). Your billing statements will show your 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 Account 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 your credit line. You agree to pay us, immediately upon request, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline any attempted Charge, even if the Charge would not cause you to exceed your credit line or limit. 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 for any other problem you may have with a merchant. Prorniw to Pay You promise to pay all Charges, including Charges incurred by Additional Cardmembers, on your Account. This promise includes any Charge for which you or an Additional Cardmember indicated an intent to incur the Charge, even if you or the Additional Cardmember have not signed a charge form or presented the Card. You also promise to pay an)' Charge incurred by anyone that you or an Additional Cardmcmber let use the Card, even though you have agreed not to let anyone else use the Card. Status of and Rcsponsihiiity liar Additional Ca, dnaeartbera Additional Cardmembers do not have accounts with us. Instead, they are authorized users on your Account, and the Cards issued to them may be cancelled by you or us at any time. You must notify us to revoke an Additional Cardmembers permission to use your Account. 7ou are responsible under this Agreement for all use of your Account by the Additional Cardmembers, and by anyone else you or an Additional Cardmember lets use the Card, and the Charges they incur will be billed to you You have this responsibility even ifyou 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 Cardmcmber or by other Additional Cardmembers. However, by each use of the Additional Card to incur Charges, the Additional Cardmember indicates his or her agreement to pay us for the Charge if you fail to of refuse to pay it, and we may, at our 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 Cardmcmber, at the time he or she becomes an Additional Cardmember, that we may receive, record, exchange and use information about him or her in the same manner we do with information about you, as described below in the Consumer Reports, Telephone Monitoring/ Recording, and Suspension/ Cancellation sections of this .Agreement. You agree to notify each Additional Cardmember that Additional Cardmembers are subject to all applicable provisions of this Agreement Billing Statements You must notify us immediately of any change in the mailing or e-mail address to which we send billing statements or notices that a billing statement has been posted ('Billing Address'). If you wish a Billing Address change to apply to more than one account you maintain with us, you must tell us. You agree that we may also update your 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 New Balance, we begin with the outstanding balance on your Account at the beginning of each billing period, called the "Previous Balance" on the billing statement. We add any Charges, subtract any credits or payments credited as of that billing period, and make other applicable adjustments. Minirnun Amount Due 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) 2% of the New Balance (excluding from the New Balance any over-limit amount and any late fees or over limit fees); (b) the lesser of: (i) current billed Finance Charges plus I % of the New Balance (excluding from the New Balance any over-limit amount, any late fees or over-limit fees and finance charges), or (it) 4% of the New Balance; or (c) $15; (2) any over-limit fees added during the billing period; (3) any late fees added during the billing period; and (4) 1/24th of any over-limit amount (the part of your New Balance in excess ofyour crcdit line). Adjusted Minimum Amount Due Summary: If you consistently pay more than the Minimum Amount Due outlined above, we may calculate your minimum payment without any late fees, over-limit amount or the additional 10/,, of the balance referenced in (1)(b)(i). Ifwc do [his, and finance charges are more than 2% 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 may adjust the outlined calculation above by removing the late fees in (3), the over- limit amount in (4) and "plus t% of the New Balance" in (1)(b)(i)_ In the adjusted calculation, we will exclude only the over limit fees from the New Balance in (1)(a). After the adjustment, if (1) is equal to the current billed Finance Charges, we will increase you Min norm Amount Due by $15. We will apply the adjusted calculation to your Account if. • the sum nfyour payments (credited to your Account in the six consecutive billing periods ending with the Closing Date of the current billing period) is greater than the sum of the Minimum :!mounts Due (for the six consecutive billing periods ending with the Closing Date of the previous billing period, not using the adjusted calculation and including the amount past due in only the first of those six periods); • the sum of the Minimum Amounts Due is equal to the sum ofyour payments and it is less than or equal to $90, • the sum of the Minimum Amounts Due is zero and we used the adjusted calculation in the last billing period when your Minimum Amount Due was not zero; or it is the first billing period ending on or after November 16, 2007, and vour Account was opened before that date. If we adjust you Minlnnnn Amount Due, we will do so for at least six billing periods, and i f we stop adjusting your Minimum Amount Due, we will not adjust it again for at least six billing periods, regardless of your payment history CD2_k2( r FDFuiC699 F12=Rel S 99 3/11/2008 1:07 AM Page 2 Pacrncmts All payments must he sent to the payment address shown on your billing statement and must include the remittance coupon from your billing statement. You must pay us in U.S. currency, with a single draft or check drawn on a U.S. bank and payable in U.S. dollars, or with a negotiable instrument payable in U.S. dollars and clearable through the U.S. banking system, or through an electronic payment method clearable through the U.S. banking system. Your Account number must be included on or with all payments. If we decide to accept a payment made in a foreign currency, you authorize us to choose a conversion rate that is acceptable to us to convert your remittance into U.S. currency, unless a particular rate is rcqulred by law. Payments conforming to the above requirements that we receive no later than the hour specified on your billing statement will be credited to your Account as of the day received; payments conforming to the above requirements that we receive after the hour specified on your billing statement will be credited to your Account as of the following day. A delay in delivery of your billing statement does not extend your grace period, if, any. Regardless of when you receive your billing statement, your payment must he received by us by the Payment Due hate and time shown on your billing Statement_ It payment does not conform to the requirements stated above, crediting may be delayed. If this happens, additional Charges may be imposed_ We may accept late payments, partial payments or any payments marked as being payment in full or as being settlement of any dispute without losing any of our rights under this Agreement or under the law. Our acceptance of any such payments does not mean we agree to change this Agreement in any way. You agree that an acceptance of such payments will not operate as an accord and satisfaction without our prior express written approval. Subject to applicable law, we will apply and allocate payments and credits among balances and Charges on your Account in any order and manner deter mined by us in our 501C 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. However, for servicing, administrative, systems or other business reasons, we may apply and allocate payments and credits among balances and to Charges on your Account in sonic other order or manner that we may determine in our sole discretion. You agree that we have the unconditional right to exercise this discretion in a way that is most favorable or convenient to its Aui hot cationlot 1-tertram,llehiito laterChecking A":oual When you provide it check as payment, you authorize us to use information from your check to make an electronic fund transfer from your account or to process the payment as a check transaction. if we process your check electronically, fund:; may be withdrawn from your bank or asset account as soon as the same day we receive your check. Also, if we process )-our check electronically, you will not receive that cancelled check with your bank ar asset account statement. atzce (hang" A. Finance Charges begin to accrue for each Charge as of the date the Charge is added to the daily balance, as described belovr. Itpayment in full toy 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 lot Purchases from the date on which payment in full of that Nev, Balance is a edited to your Account until the end of the billing period in which such payment is o edited to your Account. In addition, Finance Clmiges will not accrue forFuh-chases during a billing period if (a) the Previous Balance shown on the billing statement for that pilling period is zero or a credit balance, of (b) payment in lull for the New Balance, if any shown on the statements awning the two immcdi;udy preceding pilling periods is aediicd to your Account by the respective Payment Due Dates shows tin thosestatemems- For purposes of this paragraph, Purchases clo not indudc Balance Transfers or convenience check, s The Daily Periodic Rate ("DPR") for Purchases and the DPR no Cash Advances arc each based on an APR, which inky yam-. 'I he APR fur Cash Advances is the Prune Rate plus 14.99%. A DPR is 1 /365th of the APR. Your DPRs and APRs for Purchases appear on the accompanying supplement(s). When an APR changes, we apply it to any existing balance subject to that rate. C. Notwithstanding the foregoing, unless a higher rate applies under any other provision, the APR for all balances except Cash Advances will be equal to the Prime Rate plus 12.99% if during any Review Period any portion of any Minimum Amount Due is not credited to your Account by its Payment Due Date. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. D. Notwithstanding the foregoing, the DPR (and corresponding APR) on all balances will increase to the Default Rate if during the Review Period (i) payment of your Minimum Amount Due is not credited to your Account by the Payment Due Dale 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. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period_ If the Default Rate is applied, it will apply to your Account for 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 21.99%. E. The "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 Money Rates section (or successor section) of The Wall Street Journal on (a) the first day of that billing period or (b) the day that is two days prior to the Closing Date of that billing period, whichever is higher. In each case, if such a day is not a customary publication day for The Wall Street Journal, we will substitute the closest preceding day that is a customary publication day. If The Wall Street Journal ceases or suspends publication, we may 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 effect 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 your Account will increase and you may incur higher Finance Charges and may have a higher Minimum Amount Due. Average Dails Balance ?Vctlrod for Calculatic+n s>I I inancc Chor: es 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 DPR to 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 ( I ) take the beginning balance for each day (including unpaid Finance Charges from previous billing periods), (2) add any new transactions, debits, or lees, (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, we also add an amount of interest equal to the previous day's daily balance multiplied by the DPR for 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 fur that balance If you multiply the Average Daily Balance for each balance by the number of days in the billing period and the DPR for that balance, the result will be 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 on all balances of the Account. This method of calculating the Average Daily Balance and Finance Charge results in daily compounding of Finance Il)R )'0699 Charges. We may use mathematical formulas which produce equivalent results to calculate the Average Daily Balance, Finance Charge, and related amounts. For example, we may utilize computer programs or other computational methods that are designed to produce mathematically equivalent results while using fewer and/or simpler computational steps than are described in this Agreement. At our discretion, we may exclude certain categories of debit transactions or fees from the calculation of the daily balances. Unless we elect to use a later date, we add a Charge to the daily balance 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 daily balance as of the date of first deposit. We add a Balance Transfer other than through a convenience check to the appropriate daily balance as of the date of the request. We add periodic Finance Charges to the daily balance as described above. We add any other Charge to the appropriate daily balance as of the date of the transaction. Periodic Finance Charges are added to the outstanding balance at the end of the billing 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. Late Fees We may assess a Late Fee if a payment of at least the Minimum Amount Due is not credited to your Account by the Payment Due Date. The amount of the Late Fee depends on the amount of the Previous Balance on the statement on which the late Fee appears, as follows: Previous Balance Late Fee less than $400 $19 $400 or greater $38 Other Lees We may charge the following fees to your Account, subject to applicable law. Except as otherwise noted, these fees will be added to the Purchase Balance. 1. Dishonored Payments: We may charge a fee of 538 whenever any check, similar instrument, or electronic payment order that we receive as payment on your Account is not honored upon first 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 538. (We will also add a Charge to the Cash Advance balance of your Account in the amount of the check that was not honored.) 2. Copies of Statements: We may charge a fee of $5 for each billing period for which a copy d a billing statement is requested. We will riot charge this fee for any request for a copy of any of the billing statements for the three billing periods immediately prior to the request. 1. Account Re-opening Fee: We may charge a re-opening fee of $25 if your Account is cancelled for any reason and you request reinstatement and such request is honored. 4. Wire Transfers: We may charge a fee of $15 each time a wire transfer Irom your Account is initiated and authorized. 5. Stop Payment Orders: We may charge a fee of $29 each time we receive a request to stop payment on a convenience check drawn on your Account. ti. Over-limit Fee: We may charge a fee of $35 in each billing period the New Balance on your statement exceeds your credit line. Convenience Check Usage/Balance Transfer Transaction Fee: We may assess a i ransaction fee for each Balance Transfer and each convenience check drawn on your Account, as disclosed in the applicable Promotional Offer, in the materials accompanying the convenience check, or at the time of the transaction. This fee is a Finance Charge and, if assessed, will he 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. it bank, brokerage or similar asset account, however, unless otherwise dl5e10Sed in the applicable Promotional Offer, CD2S820,.FPPK04i9 p12:PCR8lS99 3/11/2008 1:07 AM Page 3 in the materials accompanying the convenience check, or at the tune of the transaction, there will he a transaction fee of 3%, with a minimum of $5. 8, ATM Fee; We will impose a fee each time a Card is used to obtain cash or any other services from an ATM. This fee will be 396 of the amount of the cash withdrawn or other services obtained (including any additional fee imposed for use of the ATM by its operator), with a minimum of $5. This fee will be added to the Cash Advance balance. Suspension r Cancellation In addition to any other actions we may take under this Agreement, we may suspend or cancel your Account or any feature offered in connection with your Account, we may reduce your credit line or cash advance limit (including to a level below your outstanding balance), and/or we may suspend or cancel the authorization of any Additional Cardrnember to make Charges to your Account, at our sole discretion at any time, with or without cause, whether or not your Account is in default, and without giving you notice, subject to applicable law. Any such action on our part will 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 yon 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 andlor Additional Cardmemher.s have been cancelled. If we cancel the Card or it expires, you may no longer use it and you must destroy it or return it to its or, if the request, to a third party. If you vlam to cancel the Account or any Additional Cards, you must notify iii, and destroy the Card(s). If We agree to reinstate your Account after a cancellation, the new Agreement we send you (or, if we do not send you a new Agreement, this Agreement as it may be amended) will govern your reinstated Account. When we reinstate your Account, we may reinstate any Additional Cards issued in connection with your Account and hill you the applicable anrmal fcc(ll_ Driagot 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 ifyou breach any other promise or obligation under this Agreement. Subject to applicable law, we may also consider your Account to be in default at any time if any statement made b7 you to us in connection with this Account m any other credit program was false or misleading; if you breach any promise or obligation under any other agreement that you may have with ns or with any of our affiliates; Owe receive information indicating that you are bankrupt, intend to file bankruptcy, or are unable to pay your debts as they become due; or we receive information leading us to conclude that you are otherwise not creditworthy. In evaluating mru creditworthiness, you agree that we may rely on information contained in consumer reports, and in our discrcuon we may consider the amount of debt vOU are carrying compared to your resources or any other of your credit chatacteristhcs, regardless of y0m performance on in s Account. We may also consider your Account in default in ilic event of your death. In !ln' event nfyour default, and subject to any limitations or i carurements of apphcab c law, we may require payment of a portion of your outstanding balance greater than the Minuntlm Anintmt Due, declare the entire amount nfyour obligations to us immediately due and payable, and/or suspend or cancel your Account andinr any feature that may he offered in CormeChen with the Account. You agree to pay all reasonable costs, induding reasonable aumneys' fees, incurred bvtis (I ) in connection with the collection ofany amount due on hoar Account, whether to not any arbitration, litigation, or souilr.rproceedings are initiated; and (2) in reasonably protecting ourselves from any loss, bar in, nr risk relating to any ciefau'.I on voko Account t•a,_t:on t1i de m 1 w igrl £?ur-'eancic? : you incur a Charge in a foreign currency, it will be converted into US _ dollars on the date it is processed by us or our agents. Unless a particular rate is requit ed by applicable law, von authorize us to choose it comcrsion rat' that is aecep, able to uS for that data. Curremh•, the conversion rate we use lot a Char"' in a (reign currency is no greater than (a) the highest otlici,d conversion rate published by a government ngutct', nr (h) the highest interbank conversion rate identified by us'iom customary banking Sources, on the conversion date or the prior buSmess day, in each instance increased by 2%. This conversion rate may differ from rates in effect on the date of your Charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Benefits and Services Subject to applicable law, we have the right to add, modify or delete any benefit, service, or Feature that may accompany your Account at any time and without notice to you. Arbitration Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision, the term "Claim' means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ('Agreements'), except for the validity, enforceability or scope of this Arbitration Provision or the Agreements. For purposes of this Arbitration Provision, "you" and "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 any, of the foregoing, and other persons referred to below in the definition of"Claims." "Claim" includes claims of every kind and nature, including but 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. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit 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 its) 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) any of the accounts created under any of the Agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall 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 ofprocedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either the National Arbitrium n Toccoa ("NAF") or the American Arbitration Association (;AAA'), 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, MN 55405; websitc: rvww.arbftr;nion-forum.coin. AAA at 335 Madison Avenue, New York, NY 10017; websitc: www.adrorg. Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE. A JURY TRIAL. ON THAT CLAIM. FURTHER YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A Fill, 920691) REPRESENTATIVE 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 TEAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration: IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party in the arbitration. Notwithstanding any other provision in this Agreement (including but not limited to the Continuation provision below) and without waiving either party's 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 a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-I6, 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 expand the scope of discovery under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objectiuns to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting partys notice. The granting or denial of such a request will be in nhe sole discretion of the arbitrator, who shall notify the parties of Inislher decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of ]nosiness matters. Judgment upon the award rendered by the arbitrator may be entered in any court havingjurisdiction_ The arhitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three- arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have think (30) days from the date of entry of the written arbitration award to notify file 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 organizallun will then notify the other party that the award has been appealed. The arbitration organization will appoints ilrec-arbitrator panel that will conduct an arbitration pursuant n; its Code and issue its decision within one hundred and tweuly (120) days of the date of the appellant's written uotice'The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your resicience. You will be responsible for paying your share, if any, of the arbitration fees (including filing, admini.itrative, hearing and/or other fees) provided by the Code, to the extent that such lees do not exceed the amount of [ho filing Ice, you would have incurred if CD2S9%0, FDR92 CE 99 n12: FDR815199 3/11/2008 1:07 AM Page 9 I the Claim had been brought in the state or federal court closest to your billing address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. Continuation: This Arbitration Provision shall survive termination of your accounts as well as voluntary payment of the Account balance in full by you, 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 sal., its terms shall apply to the buyer of any of your Account). Except as otherwise provided in the Restrictions on Arbitration provision above, if any portion of this Arbitration Provision (other than the Restrictions on Arbitration provision) is deemed invalid or 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. 11-at.ver . our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of our rights on any occasion, shall not constitute a waiver of such rights on any other occasion. d o v,unw,Reports You authorize us to request consumer 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 sources, and to use such information for any purposes, subject to applicable law. You authorize us to furnish information concerning your Account to consumer reporting agencies, or others, subject to applicable law. If you believe information we have furnished about your Account to a consumer reporting agency is inaccurate, you should write to us at: American Express Credit Bureau Unit, P.O. Box 7871, Ft. I.auderdale, P1.33329-7871 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 may be submitted to a credit reporting agency ifyou fail to fulfill the terms ofyour credit obligations. 'lele-phooe Mouitoringi Recording You agree that from time to time we may monitor and/or record telephone calls between you or Additional Cal dmembers and us to assure the quality of our customer service or as required by applicable law. tsc of; -.ard at Federal government Agencies Smerican Express has entered into contracts that enable the Card to be accepted at certain federal government agencies and departments (;Agencies"). As with Card transactions at commercial establishments, when you choose to use your Card at an Agency, certain Charge information is necessarily collected by its. Charge information from Card transactions at Agencies may be used for processing Charges and payments, billing and collections activities and may be aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by Agencies are published periodically in the Federal Register. fnncn%io- Pioducts'Son- We identify insurance providers and products that may be of interest to vou. 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- Also, we may receive additional compen 9aLlon or financial benefit when AMEX Assurance Company or another American Express entity ads as the insurer or rcinsurer for these products. The arrangements we hai( with providers, including the potential to insure or reinsure products, may also Influence what products and providers we identify. Sur? , t \m-notice given by us shall be deemed given when deported in the U.S. mail, postage prepaid, addressed to you at the latest Rillung Address shcwr, on our records. Changing this Agreement/ Assignment of this Agreement We may change the terms of or add new terms to this Agreement at any time, in accordance with applicable law. We may apply any changed or new terms to any then-existing balances on your Account as well as to future balances. This written Agreement is a final expression of the agreement between the creditor and the debtor and the written Agreement may not be contradicted by 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 Assignment of Claims In the event you dispute a Charge and we credit your Account for all or part of such disputed Charge, we automatically succeed to, and you are automatically deemed to assign and transfer to us, any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we credited to your Account. After we make such credit, you agree that without our consent you will not pursue any claim against or reimbursement from such third party for the amount that we credited to your Account, and that you will cooperate with us if we decide to pursue the third party for the amount credited. Applicable Law This Agreement and your Account, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Utah (without regard to internal principles of conflicts of law), 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 BANK, FSB to American Express Cardmembers In The Untied States and Its Territories Your Billing Rights-Keep This Notice for Future Use This notice contains important information about your rights and our responsibilities under the "Fair Credit Billing Act! Notify Us in Case of Errors or Questions About Your Account Statement If you think your statement is wrong or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address for billing inquiries listed on your statement. Write to us as soon as possible We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. 17ou can also telephone us, but doing so will not presetve your rights. In your letter, give us the following information: Your name and Account number. The dollar amount of the suspected error_ Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your Account statement automatically from your savings, checking or other account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within thirty (30) days, unless we have corrected the error by (hen- Within ninety (90) days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your 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. If we find that we made it mistake on your statement, you will not have to pay any Finance Charges related to any questioned amount. If we did not make a mistake, you may have to pay Finance Charges, and you will have Rt make up any missed payments on the questioned amounts. In either case, we will send you a statement of the amount you owe and the date that it is due. FDR 920699 If you fail to pay the amount that we think you owe, we may report you as delinquent. however, if 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. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your statement was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with the Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There arc 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 of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Note for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. You will receive one Delta SkyMile ("mile") for each U.S. dollar of"Eligible Spending" (as defined below) on your Delta Air Lines SkyMiles" Credit Card from American Express (the "Card Account"), subject to the terms set forth below. Miles will be credited to your SkyMiles Account after the billing period in which the Eligible Spending occurs. Ifyou have a Classic Delta Sky-Miles Credit Card, you will receive one additional mile for each U.S. dollar of Eligible Spending for `Always Double Miles purchases' (as defined below) subject to the terms set forth below. Miles will not be awarded for Fligible Spending in excess of $60,000 for each year of Delta SkyMiles Cardmcmbership (measured from your Card anniversary date), not including bonuses; however, one "bonus" mile for each U.S. dollar of Eligible Spending for "Delta Purchases" (as defined below) will continue to be awarded above this limit. If in any calendar year your Eligible Spending on your Classic Delta SkyMiles Credit Card is $10,000 or more, you will be awarded 2,500 bonus miles. If you have a Gold Delta SkyMiles Credit Card, you will receive one additional mile for each'U.S. dollar of Eligible Spending for Always Double Miles purchases, subject to the terms set forth below- Miles will not be awarded for Eligible Spending in excess of $ 100,000 for each year of Delta SkyMiles Cardmcmbership (measured from your Card anniversary date), not including bonuses: however, one "bonus" mile fm each U_S, dollar of Eligible Spending for "Della Purchases" (as defined below) will continue to he awarded above this limit. If in any calendar year your Eligible Spending on your Gold Delta SkyMiles s Credit Card is $15,000 or more, you will be awarded 5,000 bonus miles, and ifin that some calendar year your Eligible Spending on your Gold Delta SkyMiles Credit Card is $25,000 or more, you will be awarcted an additional 5,000 hones miles If you have a platinum Delta SkyMiles Credit Card, you will receive one additional mile for each U_S_ dollar of Eligible Spending fin Absays Douhlc Miles purchases, subject to the terms set forth below. If fn any calendar year your Eligible Spending an your Platinum Delta SkyMiles Credit Card is 525,000 or more, you will be awarded 10,000 Medallion Qualifying Miles ("MQMs") (as defined in the Delta SkyMiles Membership Guide and Program Rules), and ifin that same calendar year your Eligible Spending on your Platinum Delta SkyMiles Credit Card is $50.000 or more, you will be awarded an additional 10,000 A10k ("Additional MQM°). The Basic Cardmember is eligible to receive only one 10,000 MQM award CD2582C?FDR920699_p12:FER815199 5/11/2008 1:07 AN Page 5 and only one Additional MOM award for one Delta SkyMiles Frequent Flyer Account each calendar year. For any Classic, Gold, or Platinum Delta SkyMiles Credit Card from American Express account that is opened in a calendar year, for purposes of calculating your annual Eligible Spending during that calendar year, the close of the calendar year is December 31, without regard to the time of the year that the account is opened. This means that the first year may be less than twelve months. You may be permitted to have more than one Classic, Gold, or Platinum Delta SkyMiles Credit Card from American Express account; however, you are eligible to receive annual Eligible Spending bonus(es) for only one of each type (i.e., Classic, Gold, or Platinum) of Delta SkyMiles Credit Card from American Express account, and ifyou received Welcome bonus miles for any such account, you arc eligible to receive only the incremental difference between the amount of those Welcome bonus miles and the amount of Welcome bonus miles you may be offered for any other such account. Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, and you should refer to that document for details on redemption of miles, Delta's right to change program terms, and other conditions which may apply. We assume no responsibility for and we have no liability for miles credited to your SkyMiles Account or for the actions of Delta in connection with your SkyMiles Account or otherwise. Your Account must be active (i.e., not cancelled) for any given billing period to earn miles charged on your Card Account. "Eligible Spending" includes purchases of goods or services, which purchases have not been returned or otherwise rescinded, and are not subject to a credit; it does NOT include fees, Finance Charges, Cash Advances (including the use of checks, line activators, automated teller machines, or other means of accessing your Account), Balance Transfers, or adjustments to your Account. We reserve the right not to award any miles for transactions we determine are not Charges made with the good faith intention of consuming the item charged. For the purpose of this Agreement, "Della Purchases" means purchases charged on your Card Account for Delta", Delta Connection carrier, Delta Shuttle, Delta codeshare flights sold under the DL code, Delta Vacation packages and other Delta services and submitted under a Delta merchant code, excluding Delta air travel purchases which are part of an all- inclusive air/sea tour package. For purposes of this Agreement "Always Double Miles" purchases" means Delta Purchases and purchases charged on your Card Account at qualifying stand- alone supermarkets, drugstores, gas stations, home improvement and hardware stores located in the U.S. that arc not departments of superstores or warehouse clubs, and at the U.S. Postal Service for retail postal services, and wireless phone services billed by a U.S. carrier. We reserve the right to change these terms and conditions at any time, subject to applicable law. Terms used have the nuanings assigned to them in the Agreement Between Delta Skymiles Credit Cardmember and American Express Bank, FSB. Once you enroll in Pay By Computer, Pay By Phone or any other American Express Electronic Funds Transfer service (hereafter the "Program"), youwill be subject to this Electronic Funds Transfer Agreement (the "EF'F :Agreement"). Saute sr-°,Syrcerm:ul This EFT Agreement covers your participation in the Program In this EFT Agreement, the words "you" and "your" refer to the Basic Cardmember and also include all Additional Cut doicrnbcrs who have mulled in the Program. The words "we ' "our" and "us" relcr to American Express Travel Related Services Company, lnc.'I-hc words "your American Express ACCUUnIS' refer to your ca d account governed by your Cardnember A?,,rcement ("(-ard Account") or any other Amer can Express Accounts that we permit you to enroll in the Program. The words "your flank Account" refer to the account held bi a hank securities firm w other financial institution from which payment will be made when you make transactions under the Program. The words "your hank" mean the bank, securities firm or other financial institution that holds your Bank ,Account. The words "other options" refer to electronic payment transfer options and/or other cash access that American Express may make available from time to time, including the option 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. Payment liar Cash Transactions Each time you initiate a transaction under the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing house (ACH") debit in your name on your Bank Account, payable to us or to our agent, in the amount of the transaction. fire amount of the transaction is the amount of the Account bill you paid or other funds transfer you authorized, plus any applicable fees or charges. We may charge a fee of $38 for each check or ACH debit drawn by us or our agent in connection with the Program that is not honored upon first presentment, subject to applicable law. Your bank may also assess its customary charge for such items, if any. Dishonored Requests for Payments If any check or ACH debit drawn by us or our agent in connection with the Program is not honored by your bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred to above, to the Card Account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you may have a separate agreement with us or with a participating bank, securities firm, or other financial institution that allows a line of credit to be accessed in the event that your Bank Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating to that line of credit for the terms and conditions that govern its use. Liability for Unauthorized Transactions and Advisability of Prompt Reporting You must tell us AT ONCE if you believe a transaction under the Program has been made withoutyour authorization. Telephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two days after you learn about it you notify us that the transaction was unauthorized, we will not hold you liable for that transaction. In any event, even if you fail to notify us, your liability for any unauthorized transaction or series of related unauthorized transactions shall not exceed $50. If you believe that someone has transferred or may transfer money from your Bank Account without permission, call: 1 -800-528-4800 (within U.S.) or 1-336-393-1111 (outside U.S.) anytime, or write: American Express Credit Department, P.O. Box 53830, Phoenix, Arizona 85072-3830. Ono I.i-ahihiy for lanprntpcr'Irausactions or 1'aymeents If a transaction is not completed as you have directed or if we do not complete a transfer to or from your Bank Account on time in the correct amount, we will research and correct it as necessary, once you advise us. We will also reimburse you for your actual losses or damages, if any, caused by our error. However, there are some exceptions. We will not be liable to you in the following instances: if, through no fault of ours, your Bank Account does not or did not contain enough money to complete the transaction or the transfer would exceed an established credit limit; if the fronds in your Bank Account are or were at the (line of the attempted transaction subject to legal process or other encumbrance restricting the transaction; if circumstances beyond our control (such as fire or flood) prevent or prevented the transaction, despite reasonable precautions that we have taken; if a technical malfunction known to you prevented the transaction; or an), other exceptions stated in this EFT Agreement. llniines, Da} For purposes of this EFT Agreement, our business days are Monday through Friday.. Holidays arc not included. FDR 920699 Arbitration The Card Account is governed by the Cardmember Agreement contained herein. The Arbitration provision contained within that agreement applies to this EFT Agreement. Please refer to that provision as you read this EFT Agreement. Privacy Electronic funds transfers you initiate pursuant to this EFT Agreement are covered by the American Express Privacy Policy, a copy of which was given to you together with your American Express Card- To view our Privacy Policy online, please visit americanexpress.com. How to Contact t If for any reason you wish to contact us about the Program, about your participation in the Program, or about transactions relating to the Program, write or call us as follows: Address: American Express Travel Related Services Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. Lauderdale, FL 33329-7815 or e-mail us by clicking on the Customer Service link online at wwwamericanexpress.cum. Telephone: 1-800-CASH-NOW, 24 hours a day, seven days a week. In Case of Errors or Questions About Your'Fransactions Write or call us at the number or address given above as soon as you can if you think your statement or receipt is wrong or 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. Ifyou are delayed in contacting us due to extenuating circumstances (such as a hospital stay), we may extend this 60 days for a reasonable time. 1. Tell us your name and Account number. 2. 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. 3. Tell us the dollar amount of the suspected error. Tf 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. If we decide to do this we will assure that your bank recredus your Bank Account within 10 business days` for the amount you think is in error, so that you will have the use of the money during the time it lakes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days' following your oral notification, we may not recrecht your Bank Account. If notification of an en or is received within 30 calendar days after your Bank Account is opened, we will have 20 business days to provide you with [lie results of our investigation and correct any error, and 90 days to complete the investigation. If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. Upon your request we will provide you with copies of die 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 Bank Account, and the amount to be debited. You should make certain that)-our Bank Account contains sufficient funds to ,over this debit. 11 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. I ermianatior. We, or anv bank or financial institution participating in the Program, may add to or remove from [he Program any o all ATMs or extend or limit the services provided at any location without notifying you beforehand In addition, we may discontinue the Program at any time. Your right to participate in the Program will be terminated or suspended if the Card Account is cancelled or suspended, if you cancel the authorization you have given your hank to directly charge checks to vourBank Account, if the Bank Account train which payment will be made when you make transactions under the Program is closed to withdrawal transactions by us or out agents, if your participation in the D2SHiC C? pl2:FDR815199 3/11/2008 1:07 AM Page 6 Program is inactive for 18 consecutive months or more, or if the Card Account is no longer in good standing. In addition to the foregoing, we may revoke your right to participate in the Program, at any time, at our sole discretion, with or without cause, subject to applicable law. If we do so, we will send you written notice, but we may not send you the notice until after the revocation. We also have the right to deny authorization for any requested transaction, at any time, at our sole discretion, with or without cause, and without giving you notice, subject to applicable law. You may terminate your participation in the Program but you must do so by writing to us at the address disclosed in the Section of this EFT Agreement entitled Ilow to Contact Us. Prior 1 grecnicwt and Assignments 'this EFT Agreement supercedes all prior agreements you may have with us relating to the Program. We have the right to assign this EFT Agreement to a subsidiary or affiliate company at any time. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. Nwt orSlact.rcitusetisRe-.idents General Disclosure Statement: Any documentation povided to you which indicates that an electronic funds transfer was made shall be admissible as evidence ofsuch transfer and shall constitute prima facie proof that such transfer was made. The initiation by you of, ertain 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 OTIIERWISE PROVIDED IN TIIIS EFT AGRFEMENT, YOU MAY NOT STOP PAYMENT OF ELI ClRONIC FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCI IASFS OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. Disclosure of Account Information to Third Parties. Ifyou 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 him( /lie total amount of cash that you may obtain from Al Ms in a single day to $50.If you elect this option we will take all reasroable steps to comply with your request. "For ?1?Irisstchusctts residents: JO calendar days instead of busmcss dogs. The information below summarizes the terms and conditions of the Extended Warranty plan (formerly the Buvcri Assurance Plan). Extended Warranty is underwritten liy,-\MI(X Assurance Company. Administrative Office, Green Bay, VJL Coverage is determined by the terms, conditions, and exc isions of Policy AX0953 and is subject to change with notice- This document does not supplement or replace the Policy- Please call its at the number on back of your American Express Card tot-a complete copy of your terms and conditions Extended Warranty will extend the terms of the original manuficturcr'stvarranty fora period oftime equal Iu the duration of the original manufacturer's warranty, tip to one (1) additional year (Centurion Cardmembers up to three (31 a. dditionaI years) nn w-anes of five (5) years or less that arc eltgIhlc in the United States of America. €ks, i A;,: : «Berri, its Where a loss has occurred during this plan's extended warrany time period of up to one (1) additional year (Centurion Cardmembers u) to three (3) additional years), we will provide a benefit equal to the coverage of the original manu`acturer s warranty on warranties of up to five (5) years. We will pay up to the actual amount charged to your account tot toe product tot whkh it loss is claimed, hilt not to exceed S 10.000. 11 the product also is covered by a purchased service conlracl, this plans extended warranty time period begins at the end of the senyia• contract and extends the original mmnn a,ftiret's warmly hu a period of time equal to that warranty, up to one (1) adduonal year (Centurion Car(.members up to three (3) additional years). if the combined coventge ofthe original manufacturer's warranty and the purchased service contract exceed five (5) years, the product purchased is not eligible under this 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 experience more than one loss in a calendar year, we will pay an amount not 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 original cost of the property. Exclusions Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. any physical damage, including, but not limited to, 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 under product recall; or 3. fraud or abuse or illegal activity of any kind by the cardmember. Purchases Not Covered The following are not covered: 1. products covered by an unconditional satisfaction guarantee; 2. motorized vehicles (including, but not limited to, passenger cars, trucks, motorcycles, boats, airplanes) and their parts, subject to high risk, combustible, wear and tear or raleage stipulations (including, but not limited to, batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mufflers); 3. motorized devices and their parts used for agriculture, landscaping, demolition or construction; 4. motorized devices and their parts which are permanent additions or fixtures to a residential or commercial building; 5. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; 6. land or buildings; 7. 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 of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 10. items still under installment billing; 11. additional service contract or extended warranty coverage for a computer, computer component or part that you buy which already comes with an original United States of America manufacturer's warranty, unless such coverage is provided and administered by the original manufacturer; and 12. items purchased for resale, professional, or commercial use (this does not apply to OPEN Cardmembers). General Provisions 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 terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid. 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 of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands; 2. the date we determine that you or someone on your behalf intentionally misrepresented or fiand 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 you maintain a permanent residence. Termination or cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the policy. The company has the right to cancel the policy at any time by sending a written notice at least forty five (45) days in advance to you at your last known address- The notice will include the reason for cancellation. form Net->cn EW-DOC-CCSGI 02/07, EW-DOC-CCSG2 02/07, EW- DOC-OSBNI 02/07, EW-DOC-OSBN2 02/07 ,%pphcable for Residents of the Slate. of Alaska Form Number: PP/EW-RDRI-AK 06/07 FDh 1,1069'1 Applicable for Residents in t}tc States of Arizona and Indiana Form Numbers: EW-IND-CCSGI 07/07, EW-IND-CCSG2 07/07, EW-IND-OSBNI 07/07, E"'-IND-OSBN2 07107 Applicable for Residents of the State of Kentucky Form Number: PP/EW-RDRI-KY 05/07-In the Termination or Cancellation section: The company has the right to cancel the policy at any time by sending a written notice at least seventy-five (75) days in advance to you at your last known address. Applicable for Residents of the State of Oklahoma 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 the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of it felony. Applicable for Residents of the State of Oregon Form Number EW-RDRI-OR 05107-In the Exclusions section the following is removed: 3. fraud or abuse or illegal activity of any kind by the cardmember; Applicable fix R-denta of the State of South Dakota Form Number: PP/EW-RDRI-SD 05/07 \PPhcab€c for Resident, of theYt.k, (itIexas Form Number: EW-IND-TX 07/07 Af,plicabie lot Residents of theSte.tc of Vermont Form Number PP/EW-RDRI-VT 05/07 Ocscriptioo of Coverage Underwritten by AMEX Assurance Company, Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay, WI 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.) Definition, Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singular, as the context requires. Account means Your American Express Card Account. Cardmember means a person who has been issued a United States of America based propnetary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands - Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of 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 montlnlyminimum requirement has been paid prior to tale date in which the claim is payable. Master Policyholder means Americo Express Travel Related Services Company, hoc. Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return. Plan means the Policy and the benefits described therein Platinum Cardmember means a Cardmember who has a Platinum Charge Card (required is be paid in full monthly), a Cutpoate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference [lie Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits Policy means the Group Insurance Master Policy (AX0951 issued to American Express Travel Related Services Company, Inc.). We, Us, Our means the Company. You, Your means tile Carchnembei. 7irstrilmon , f Benelo' We will pay You the expense charged to Your Account up to S 1,000 for any one Covered Incident and up to 550,000 for all CD2582;2?h'?R9?C699 p12:FDR8151°9 3/ll/200E 1:07 AM Page 7 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. w Your Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property. Our payment of any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan. t-.xclasiona Benefits are not payable ifthe loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by. 1. war or any act of war, whether declared or undeclared; 1 any activity directly related to and occurring while in the service of any armed military force of any nation state recognized by the United Nations; 3. participation in a riot, civil disturbance, protest or insurrection; 1. violation of a criminal law, offense or infraction; i. natural disasters, including, but not limited to, hurricanes, floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; h. fraud or abuse or illegal activity of any kind by the Cardmember: confiscation by any governmental authority, public authority, or customs official; R. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; 4. not being reasonably safeguarded by You; H, theft from baggage not carricelby hand and under Your personal supervision or under the supervision of a traveling companion known by You, 11. damage through alteration (including, but not limited to, cutting, sawing and shaping); 12, normal wear and tear, inherent product defect or manufacturer's defects or normal course of play; 1 '. damage or theft while under the care and control of a common carrier; 1, food spoilage; or 4, leaving property at an unoccupied construction site. For residents of Washington, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by any of the excluded events described below Loss will be considered to have been caused by an excluded event if the occurrences of that event directly and solely results in loss, or initiates a sequence of events that result in loss, regardless of the nature of any intermediate or final m ent in that sequence. FwL The following purchases are not covered: I travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent; 2. animals or living plants; z rarestamps orcorns, onsumalilc or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); antique or previously owned items; .?. motorized vehicles and watercraft, aircraft, and motor( ycles or their motors, equipment, parts or accessories; stolen or damaged property consisting of articles in a pair or set- Coverage will lie limited to no more than the value of aai particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of am, special value they mac leave had as part of a set or collection, rlms purclrued for resale, professional, or commercial use. permanent household and/or business fixtures, including, but nut limited it), carpeting, flooring and/or tile; 1 t1, business fixtures, including, but not limited to, air' conditioners, rch igerators, heaters; and i t hospital, medical and dental equipment and devices. Claims Provisions If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, 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 (nay contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purchase Protection, PO Box 402, Golden, CO 80402-0402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce 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 Notice 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 necessary to process Your claim and determine if benefits are payable. For residents of Missouri, no claim will be denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us. Proof of Loss Proof ofLoss 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 of North Dakota sixty (60) days) after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your claim maybe denied. Your Proof of Loss documentation may be mailed 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 necessary 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: 1. a Purchase Protection Claim Form; 2. the original itemized store receipt; 3, the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for (lie damaged property; and 5, for 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 be made on claims not substantiated in the manner required by Us. If all required documentation is not 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 beyond Your control), coverage may be denied. It is Your responsibility to provide all required ducumematfon We request. You may be required to send in the damaged property a( 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 date of Our request to remain eligible for coverage. Payment of Claim A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete proof of Loss documentation and Om determination that a claim is payable according to the terms of the Plan. Any payment made by ITS 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 FD1Z 930699 Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under [be Description of Benefits section. General Provisions Change of Permanent Residence If the change is to a different state, Your Policy provisions may be adjusted to conform to the requirements of that state. Clerical Error A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force. Conformity with State and Federal Law If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law. Entire Contract; Representation; Change This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any, statement You make is a representation and not a warranty. This Description of Coverage maybe changed at any time by written agreement between the Master Policyholder and the Company. Only the President, Vice- President or Secretary of AbIFX 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 terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid. Fraud It any request for benefits made under the Plan is determined to be fraudulent, or if any fraudulent means or devices arc used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember who, whether before or after a loss, has: 1, concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or 2. concealed or misrepresented any fact if the fact 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 (S) years and residents of Missouri ten (10) years) from the time wriacri Proof of Loss is required to be given. If a time limit of (his Plan is less than allowed by the laws of the state where You live, the limit is extended to meet the minimum time allowed by such law Right of Recovery If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall held in trust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum amount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable. Subrogation In the event of any payment tinder this Policy, We shall he subrogatcd 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, including the execution of such documents necessary to enable Us to effectively bring suit o-otherwise pursue subrogation rights in Your name You shall do nothing to prejudice such subrogation rights. We shall be entitled to a recover'v as stated in these provisions only after Sou have been fully compensated for damages by another part), For residents of Louisiana, the Right of Recovery, Subrogation and F.xces Coverage sc tions are revised to CD258'0,PDR9l?OE19_p12:='DR815199 3/11/2008 1:0'7 AM Page reflect: If the Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the Cardmember's right to be fully compensated. Termination or Cancellation Coverage will cease nn the earliest of the following: L the date You no longer maintain a Permanent Residence in the 50 United States of America, th e District of Columbia, Puerto Rico or the U.S. Virgin Islands; 2. the date We determine that You or someone 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 remain Current and in Good Standing; or 6. the date the Plan is not available in the location where You maintain a Permanent Residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subiect to all other terms of the Policy. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last }mown address. The notice will include the reason for cancellation. hoportant Additional hrfasmatum I m You For those eligible and enrolled in the Membership Reward program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to a non-eligible Cardmember or non- Cardmembers. This Desci iption 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: Jov A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company PP DOC-CCSG 1 02/07 lpi h attic t:"r Residents of the State of Kentucky In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: File Company has the right to cancel the Policy at any time by sending a written notice at least seventy-five (75) days m advance to You at Your last known address. The notice will include the reason for cancellation. 'P :W-RDRI-KY05/07 =+a lacaidents 3 ill, State w Oi gon in the Lxelusions section the following are removed: 4. viol,won of a criminal law, offense or infraction; 6. fraud or abuse or illegal activity oL;my kind by the Cardmember, The Proof of Loss section is hereby removed in its entirety and replaced with the following: Proof of Loss Proof of Loss requires You to send Us all the information 1Nc request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whethc the claim maybe paid. You must provide Us with salitfckry Proof of Loss within ninety (90) days after We have Prot idedYou with instructions and/era claim farm in response to Your Notice of Claim or Your claim may be denied. Yow Proof of Loss documentation may be mailed to Us at the same address provided above for mailing Yom' Notice of Claim. We reserve the ii ght to request all the information We deem necessary to determine that Your claim is payable, and We will not onsider that We have received complete Proof of Loss until the information Wehave requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: 1. Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowners 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 be made on claims not substantiated in the manner required by Us. If all required documentation is not received within ninety (90) days of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all required documentation We request. You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, You must send in the damaged property within ninety (90) days from the date of Our request to remain eligible for coverage. PP-RDRI -OR 05/07 Applicable for Residents of the State of South Dakota The Legal Actions section is hereby removed in its entirety and replaced with the following: Legal Actions No legal action maybe brought to recover against this Plan until sixty (60) days alter Proof of Loss has been received by Us. No such action may be brought after six (6) years from the (line Proof of Loss is required to be given - PP/F,W-RDRI-SD 05/07 Applicable for Residents of the State of Vermont In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The Company has the right to cancel the Policy 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. PP/EW-RDR t-VT 05/07 kpplicahle for Residents of the State of Alaska The opening paragraph in the Exclusion section is removed in its entirety and replaced with the following which is added and made 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 or caused by: 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 recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action maybe brought after three (3) years from the time Proof of Loss is required to be given. If there are any claims the three year timeframe does not begin to run until after the claim has been denied. PP/FW-RDRI-AK 06/07 ApplicableforResidentsofit,, Malt, of Oklahoma 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 the proceeds of an insurance policy containing any false, incomplete to misleading information is guilty of a felony. PP/EW-RDRI-OK 07/07 Underwritten by AMEX Assurance Company, Administrative Office, 480 Pilgrim Way Suite 1400, Green Bay, w, ;4304 (herein called the Company) FDP, 1) 10099 Description of Coverage. Covered Persons: A person shall be a Covered Person under the Blanket Master Group Policy AX0948 (the "Policy") only if. 1., he or she is: a. For $100,000 coverage, a Basic or Additional Cardmember who has any of the following Cards, or the extended payment account offered in conjunction with any of the following, issued by American Express Travel Related Services Company, Inc. or its participating subsidiaries (Express") in his or her name: American Express' Rewards Green Card, American Express' Preferred Rewards Green Card, American Express" Rewards Gold Card, American Express" Preferred Rewards Gold Card, American Express" Business Card, American Express` Cash Rebate Card, American Express' Community Business, American Express" Credit Card, American Express" Investment Management Account Gold Card, American Express' Costco Cash Rebate Credit Card, The American Express" Costco Card (IDC): American Express` Costco Business Card, Bank of Hawaii Credit Card from American Express, Bank of Hawaii Gold Credit Card from American Express, Best Rate Card, Blue for Business from American Express, Blue for Students"', Blue from American Express, Business Capital line from OPEN from American Express"', Business Gold Card from OPEN from American Express'", American Express` Business Management Account from OPEN from American Express"', Business Membership Rewards` Card, American Express' Business Purchase Account from OPEN from American Express"', Buyer's Bonus Card, Continental OnePass Credit Card from American Express, Corporate Card from OPEN from American Express"' including beginning with Account number 37134, American Express" Business Cash Rebate Card from OPEN from American Express'", Corporate Costco Card from OPEN from American Express", Delta SkyMiles' Business Credit Card from OPEN bxum American Express"', Gold Delta SkvMiles" Business Credit Card from OPEN from American Express"', Della SkyMiles' Credit Card, Delta SkyMiles° Options (lard, American Express Executive Business Card from OPEN from American Express'", Gold American Express Portfolio Credit Card, Gold Card, Gold Delta SkyMiles° Credit Card, Gold Senior Card, Gold Student Card, Membership Rewards' Credit Card from American Express, Membership Rewards Options"Credit Card from American Express, National Multiple Sclerosis Credit Card, Optima' Card Accounts, Optima" Cash Rewards (lard, Optima' Gold Card, Optima" Platinum Card, Optima' Platinum Cash Rebate Card, Optima' Platinum Preferred Card, Personal Card, Personal Choice Card, Personal Senior Card, Personal Student Card, Platinum Cash Rebate Card, Platinum Delta SkyMiles' Credit Card, Platinum ShopRite Credit Card from American Express, Starwood Preferred Guest Credit Card from American Express, The American Express' Golf Card, The Fidelity American Express' Card, The Fidelity American Express` Gold Card, The Hilton HHonors' Platinum Credit Card from American Express, Binghamton Savings Bank Gold Credit Card from American Express, Binghamton Savings Bank Business Credit Card from American Express, The New York Knicks Card from American Express, The New York Rangers Card from American Express, The Small Business Card from American Express; or b. For $250,000 coverage, a Basic or Additional Cardmember who has a Rewards Plus Gold Card, Corporate Rewards Plus Gold Card or the extended payment account offered in conjunction issued by American Express Travel Related Services Company, Inc. or its participating subsidiaries ('American Express") in his or her name; or ,,. For $500,000 coverage, a Basic or Additional Cardmember who has a Platinum Card Fidelity American Express Platinum Card', American Express' Investment Management AceomrL Platinum Card, American Express Business Platinum Card' from OPEN from American Express" Lexus Platinum Card American Express Platinum Financial Services Card, LAC/IDC Platinum Card or the extended payment account offered in conjunction issued by American Express Travel Related Set ices Company, Inc. or its participating subsidiaries ('American Express") in his or her name on a Platinum Card Account; or cf. For $1,500,000 coverage, a Basic or Additional Cardmember who has a Centurion Card, American Express" Business Centurion Card" from OPEN from American Express` te the extended payment account offered in CD2582?,= FD397CF°9 o12:FDR815199 2/11/2008 1:0'7 AM Page conjunction issued by American Express Travel Related Services Company, Inc. or its participating subsidiaries ("American Express") in his or her name on a Centurion Card Account; or e.. the spouse, Domestic Partner or dependent child under age 23 of any eligible person described in (a), (b), (c), (d) above; and 2, his or her Permanent Residence is in the 50 United States, District of Columbia, Puerto Rico, or U.S. Virgin Islands. Definitions Accident whenever used in this Policy means an unexpected event which causes Injury and shall also include exposure resulting from a mishap on a Common Carrier Conveyance in which the Covered Person is traveling. Additional Cardmember means any individual who has received an American Express Card at the request of a Basic Cardmember for use in connection with the Basic Cardmember's American Express Card account. American Express Card shall mean, unless otherwise specified, any of the Cards or Accounts listed above under Covered Persons Basic Cardmember means any individual who has asked American Express to issue one or more American Express Cards and who has an American Express Card account. Common Carrier Conveyance means an air, land or water vehicle (other than a rental; licensed to carry passengers for hire and available to the public. A trip is a Covered Trip it. I it is a trip taken by tae Covered Person between the point of departure and the final destination as shown on the Covered Person's ticket of verification issued by the Common Carrier Conveyance; and 2. the Covered Person's. entire fare for such trip on that Common Carrier Conveyance has been actually charged to a specific American Express Card account prior to any injury. Domestic Partner mea: s it person of the same or opposite gender who meets the following requirements: I has shared a residence with the Basic or Additional Cardmember for the last 12 months and plans to continue doing so; 2., is not married to amr other person and is not committed to another Domestic Partner; Is at least 18 years old; 4- is not related to the Basic or Additional Cardmember by blood closer than would bar marriage per state law; and is financially interdependent with the Basic or Additional Cardmember and documentation of mutual financial support such as copies ofjoint home ownership or ICaae, common bank accounts, credit cards or investments can be supplied. Injury means bodily injury- which: I, is caused by an Accident which occurs while the Cut eyed Persons insurance is in force under the Policy; and ". results in Loss insured by the Policy; and creates a Loss due, directly and independently of all other causes, to such accidental bodily injury. Permanent Residence means the Covered Person's one primarv dwelling place, where the Covered Person permanently resides- B,te.e:€t .Amounts I ; a benefit of Cardmembership, the Covered Person will r'eccn-e a hencht level of$100,000 - $350,000-$500,000- $)S00,000 depending on the type of;lmcrican Express Card accuuru used to dmrse the Common Carrier Conveyance fare fur the Covered Trip. Please icfe; to the Covered Persons section of this Decrptioo of Coverage. I f you are still unsure what benefit level of ,oYerage applies to your American Express Card, please contact the Customer service Center toll-free number listed on the bark of your Card, also shown on Your Card >tatement. Tab.c of Losses Loss o1 Lite $100,000 $250,000 Dismtsnbcnnew I ass of bath hands or both fret $100,000 $250,000 Loss of one hand and one first x100,000 $250,000 Loss (it entire sight ofboth eyes 5100,000 $250,000 Loss of entire sight ofone eye and arc hand or one toot $100,000 $250,000 Loss of one hand or line foot $50,000 S125,000 Los, of entire sight ofone eye 550,000 5125,000 Table of Losses Loss of Life $500,000 $1,500,000 Dismemberment Loss of both hands or both feet $500,000 $1,500,000 Loss of one hand and one foot $500,000 $1,500,000 Loss of entire sight of both eyes $500,000 $1,500,000 Loss of entire sight of one eye and one hand or one foot $500,000 $1,500,000 Loss of one hand or one foot $250,000 $750,000 Loss of entire sight of one eye $250,000 $750,000 Loss as used above with reference to hand or foot means complete and permanent severance through or above the wrist or ankle joint, and as used with reference to eye means the irrecoverable loss of the entire sight of such eye. $ 100,000 - 5250,000 - $500,000 - $1,500,000 Ntaxinmrn Indemnity Per Covered Person In no event will multiple American Express Cards obligate the Company to pay for more than one Loss sustained by any one individual Covered Person as a result of any one Accident. The Company's obligation under the Policy will he determined according to the highest amount payable under the specific American Express Card actually used to charge the Common Carrier Conveyance fare for the Covered'frip as slated in the Benefit Amounts. In no event will a Loss from an Injury while coverage is in force under the Policy AX0948 obligate the Company to pay benefits under Policy AX0949, the Company's Business Travel Accident Insurance policy, in addition to any benefits payable by the Company under the Policy AX0948. The American Express Cards listed under this Policy do not receive coverage under Policy AX0949. Accidental Death and Dismemberment Benefit The Company will pay the applicable benefit amount as determined from the Table of Losses if a Covered Person sutlers a Loss from an Injury while coverage is in force under the Policy; but only if such Loss occurs within 100 days after the date of the Accident which caused the Injury. Benefits will be paid for the greatest Loss. In no event will the Company pay for more than one Loss sustained by the Covered Person as the result of any one Accident. Description of Benefits Common Carrier Benefit: This Benefit is payable if the Covered Person sustains Injury 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 used 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 be covered under the Policy. If the Covered Person disappears because of an Accident on a Covered Trip which results in the disappearance, sinking or wrecking of the Common Carrier Conveyance, and if the Cov- ered Persons body has not been found within 52 weeks after the date of such Accident, it will be presumed, subject to there being no evidence to the contrary, that the Covered Person suffered Loss of life as a result of Injury covered by !lie Policy. Cso cra:;e Requirements A Covered Person will be fully insured for benefits under the Policy while taking a trip on a Common Carrier Convey- ance only when the fare has been charged to the specific American Express Card. Eligibility for coverage will remain in effect as long as the definition of a Covered Person is met. Premiurns The premium for this coverage is payable by American Express. L"lusions This Policy does not cover any Loss caused of contributed to by (1) intentionally self-inflicted Injury, suicide or any attempt thereat, while sane; (2) 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, o 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 shall not be deemed an act of war, (3) Injury to which a contributory cause was (lie convnission of or attempt to commit an illegal act by o' on FDR 9211699 behalf of the Covered Person or his/her beneficiaries; (4) Injury received while serving as an operator or crew member of any conveyance; (5) Injury received while driving, riding as a passenger in, boarding or alighting from a rental vehicle; or (6) sickness, physical or mental infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of a covered Injury. Beneficiary A Basic Cardmember may designate a beneficiary or change a previously designated beneficiary for himself/herself and his/her spouse/Domestic Partner and dependent children who are not also Basic or Additional Cardmembers. An Additional Cardmember may designate a beneficiary for himself/herself and his/her spouse/Domestic Partner and dependent children who are not also Basic or Additional Cardmembers or spouses/Domestic Partners or dependent children of Basic Cardmembers. No persons other than those stated above may designate or change a previously designated beneficiary. For such designation or change to become effective, a written request, on a form satisfactory to the Company, must be filed with American Express. Such designation or change shall take effect as of the date it was signed by the designator provided that it has been received by American Express, but any payment of proceeds made by the Company prior to receipt of such designation of change shall fully discharge the Company to the extent of such payment. Claims Notice of claim must be given to AMEX Assurance Company, Claims Administrative Office, PO Box 19020, Green Bay, WI 54307-9020 within 20 days after the occurrence or commencement of any Loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to the Company at its Administrative Office, or to any authorized agent of the Company, with information sufficient to identity the Covered Person shall be deemed notice to the Company. Payment of Claims Benefits for Loss oflife of a Covered Person will be paid to the designated beneficiary. Benefits for all other Losses sustained by a Covered Person will be paid to the Covered Person, if living, otherwise to the designated beneficiary. If more than one beneficiary is designated and the beneficiaries' respective interests are nut specified, the designated beneficiaries shall share equally. If no beneficiary has been designated, o if the designated beneficiary does not survive the Covered Person, the benefits will be paid to the first surviving class of the following: 1) spouse or Domestic Partner; 2) children, equally per stripes; and 3) the estate- In determining such person or persons, the Company may rely upon an affidavit by a member of any of the classes of preference beneficiaries desci ibed above. Payment based upon any such affidavit shall fully discharge the Company from all obligations under the Policy unless, before such payment is made, the Company has received at its Administrative Office written notice of a valid claim by some other person(s). Any amount payable to a minor may be paid to the minor's legal guardian. Mime I mail tm A,l.,ms No action at law or in equity shall be brought to recover under the policy after the expirations of three years, five years for Centurion Card, Corporate Centurion Card" from OPEN Gam American Express"', after the time written proof of loss is required to he furnished. The benefits described herein are subject to all of the terms and conditions of the Policy. This Description ofCoveragc replaces any prior Desorption of Coverage which may have been furnished in connection with the Pulicy- V U ? Joy A. Hanson, President John M. Collins, Secretary A:AIFX Assurance Company AMEX Assurance Company 6713-11-01-C0M Notice to Florida Residents Only: The benefits of the policy providing your coverage are governed primarily by the laws of a state other than Florida. 1. If, after reading this Ciacript of Coverage, you are still unsure what benefit level ofcove,age applies to your American Expres Card, please contact the CwtomerService Center toll- t 7D258',C-CF ?-i o12:FDR815199 3/11/2008 1:07 AM Page 10 free number listed on the back of your Card, also shown on your Card statement. Description of Coverage Car Rental Loss and Damage Insurance provides the Cardmember, if the Cardmernber is the primary renter, (as defined below) with insurance coverage for damage to or theft of most Rental Autos when the Cardmember uses the Card (as described below) to reserve and pay for an auto rental from any Commercial Car Rental Company ("Rental Company") other than those located in Australia, Ireland, Israel, Italy, Jamaica, and New Zealand.' This coverage is always 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. l1 ho is Rligible for Coverage You are eligible for coverage d. You are a Basic or Additional Cardmember and an American Express` Card or Optima' Card in association with that Card (the "Card") has been issued to you in your name; 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 U.S. operating center in U.S. dollars; and i, You maintain your Permanent Residence within the 50 United States of America, the District of Columbia, Puerto Rico or the U.S- Virgin Islands. 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 em oiled at an accredited four-year college, university or graduate school in the United States and is receiving student benefits provided as a benefit of Cardmembership is not eligible for benefits under this Policy. Commercial Car Rental Company or Car Rental Company means any commercial car rental agency which rents Rental Amos.' For the purposes of this Description of Coverage, Commercial Car Rental company means "Rental Company,. L;i, III Activate t,ovcrage Coverage for theft of or damage to a Rental Auto is activated when the Cardmember:' presents his or her eligible Card to the Rental Company to reserve the Rental Auto by making a reservation; or by placing a hold or deposit at the time the Rental Auto is checked out; declines the full Collision Damage Waiver or similar option (CDW ), or pays for a (partial collision damage waiver, offered by the Rental Company; 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 ("Primary Renter"); and i, uses the Card to pay for the entire auto rental from the Rental Company at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cardmember, who is physically challenged and unable to operate the Rental Auto, may be the Primary Renter ifhelshe is the Cardmember entering into the rental transaction. S!'hrn €.,,,rag, lirr urinate, Cm ci age for theft of or damage to the Rental Auto terminates when .. I he Rental Company resumes control of the Rental Auto, ur 30 cunsecton e days after the Rental Auto was checked 0111, ,.vh ichever is earlier. or ._ the Policy is caneellcd Len}tilt of (lo?crxrc Car Rental Loss and Damage insurance covers eligible Rental Autos when rented under a written rental agreement from a Rental Company for no more than 30 consecutive days. Note. in rro Brent shall coverage be provided when the Cardmernber rents it Rental Auto beyond 30 consecutive days frMl the same Rental Company, regardless ofrohellttr-the original agreement is extended, or a 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 marketflocation (75 mile radius). What is Covered Car Rental Loss and Damage Insurance reimburses a Cardmember for payments for damage to or theft of a Rental Auto that the Cardmember is required to make, up to the lesser 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 of 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 by law, the Rental Company must submit a fleet utilization log indicating that during such time: 1. no other Rental Auto was available; and 2. there was a demand for a Rental Auto. Car Rental Loss and Damage Insurance covers no other type of loss. For example, in the event of a collision involving the Cardmembers 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 Motorists, benefits under any Worker's Compensation law, Disability benefits law or other mandated Government Plans. What Excess Coverage Meaars Car Rental Loss and Damage Insurance is an excess insurance plan. This means that this 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 of insurance. 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 this excess coverage will reimburse the Cardmember. Vehicles Not Covered Car Rental Loss and Damage Insurance does not cover rentals of. 1. expensive cars, which means cars with an original manufacturer's suggested retail price of 550,000 or more when new; 2. 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 ZX, Jaguar XJS, Acura NSX, Mercedes St., SLK, S Coupe and E320 Coupe and Convertible, BMW M3, Z3 and 8 Series, Cadillac Allante and all Porsche, Ferrari, Lamborghini, Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra, Bentley, Rolls Royce; 3. trucks, pick-ups, cargo vans, custom vans; 4. full-sized vans, including but not limited to, Ford Econnline or Club Wagon, Chevy Van or Sportvan, GMC Vandura and Rally, Dodge Ram Vans and Ram Wagon; 9, vehicles which have been customized or modified from the manufacturers factory specifications except for driver's assistance equipment for the physically challenged; 6, vehicles used for hire or commercial purposes; mini-vans used toy commercial hire; Note: Passenger Mini-Vans (not Cargo Mini-Flans) with .factory specified seating capacity of 8 passengers of less, including but not limited to, Dodge Caravan, Plymouth Uoyager, Ford Windstar and Nissan Quest, are covered when rented fin personal or business use only. 8. antique cars, which means curs that are 20 years old or have not been manufactured for 10 or more years; 9. limousines; III. full-sized sport utility vehicles, including but not limited to, ChevroleUGMC Suburban,'Fahoe and Yukon, Ford Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus LX450, Range Rover or full-sized Ford Bronco; 11. sportrmibty vehicles when driven "off road", and FDR 920699 Note: Compact sportlutility vehicles, including but not limited to Ford Explorer, Jeep Grand Cherokee, Nissan Pathfinder, Toyota Four Runner, Chevrolet Blazer and Isuzu Trooper and Rodeo are covered when driven on paved roads. 12, off-road vehicles, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any other vehicle which is not a Rental Auto. Losses Not Covered Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: 1, operation of the Rental Auto in violation of the terms and conditions of the Rental Company agreement (including but not limited to losses occurring when: a person not permitted to operate the vehicle pursuant to terms of the rental agreement was in possession or control of the vehicle, or, driving the vehicle outside of the authorized rental territory); leased or mini-leased vehicles; 3. costs attributed to the Commercial Car Rental Company's normal course of doing business; I. intentional damage; z, illegal activity, such as losses where the Rental Auto was used for, or involved in illegal activity or felony; 6, pre-existing conditions, damage or defect; 7, alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; 8. voluntarily taking any drug it acting under the influence or effect of that drug (unless taken as prescribed or administered by a Doctor); 4. war or military actb'it\'; 10, radioactivity; 11, confiscation by authority; 12. wear and tear, including gradual deterioration; 13, damage which is due and confined to freezing, mechanical or electrical breakdown or failure unless such damage results from a theft covered by the Policy; 14, failure to return keys to the Rental Company when the vehicle is stolen; 1b. theft or damage to unsecured vehicles; 16, theft of or damage to tires (flats or blowouts), unless damaged by fire, malicious mischief, vandalism, or stolen, unless the loss is coincident with and from the same cause as other loss covered by the Policy; and 17, off-road operation of the vehicle. Car Rental Loss and Damage Insurance does not cover, and benefits will not be paid for: t. sales tax related to repair of damages, unless reimbursement of such sales tax is required by law; 2. damage to any vehicle other than the Rental Auto; 3. damage to any property other than the Rental Auto, owner's properly, or items not permanently attached to the Rental Auto; 4. the injury of anyone or anything; . expenses assumed, waived or paid for by the Rental Company or its insurer; 6. expenses covered by the Cardmember's personal auto insurer, employer or employers insurer, or authorized driver's insurer; 17 ' value added tax or similar tax, unless reimbursement of such tax is required bylaw; 8. diminishrientofvalue; 9, any Rental Auto used for hire or commercial purposes; and It), depreciation, unless reimbursement for depreciation is required by law. How to Film a Claim Notification of damage, including vandalism, theft, or an accident must be reported to the appropriate law enforcement agency as soon as reasonably possible. This requirement applies regardless of whether the Rental Auto is involved with other vehicles. Failure to notify may result in denial ofbenefits. 11 a loss occurs, a Cardmernber should promptly notify the Car Rental Loss and Damage Claims Unit toll 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 Cardmember may have and will send the Cardmember a claim form with instructions. Complete and sign the claim form. Written proof of loss, which includes the claim firm and all other requested documentation (listed below), must he received within 60 davs CD25820, FDR920699 p12: FDR81'199 :/11/2008 1:07 AM Page ll following the date of the damage or theft by: American Express Car Rental Loss and Damage Claims Unit, PO Box, 94729, Cleveland, Ohio 44101-4729. If the proof of loss and other documentation is not received within 60 days of the date of loss, coverage may be denied. Required documentation may consist of, but is not limited 1. our signed and completed claim form; 2. an itemized repair bill; 3. a copy of charge slip for the rental of the Rental Auto, Rental Auto contractor machine generated receipt to show rental was charged and paid for with an American Express Card; 1, a police report (if applicable); i. photos of the damaged vehicle, if available; ', a copy of the Cardmembers, authorized driver's or employer's auto insurance coverage, or a notarized letter stating no insurance; ', a copy of all claim documents and correspondence, provided by the Car Rental Company; S. a copy of the Rental Company's utilization log; a copy of the driver's license of the Cardmember and/or authorized driver, unless the driver's license number shows on the rental agreement; W. a copy of the written rental agreement, front and back, which documents when the Rental Auto was checked out and checked in; and 11, information pertaining to other available insurance co,crage(s). Cardmember cooperation with issues related to their benefits is required. If all required documentation is not received within 180 days of the date of loss (except for documentation which has not been furnished for reasons beyond the Cardmennber's control), coverage may be denied. Hot,licnefits are Paid All Car Rental Loss and Damage Insurance payments reumbursable under the policy are payable to the Cardmember; except that payment maybe made, at the discretion of the Insurer, )ointly to the Cardmiember and the Commercial Car Rental Company when the Car Rental Company has not been reimbursed for the covered loss or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company or any other party. Note: Benefits will not be paid if, on the date of loss, on the date ofclaim filing, or on the date of potential claim payment, any amount due on lour Card account is past due or Your Card is cancelled.' Rights of Rccocery 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. \Nhen a Cardmember or Commercial Car Rental Company has been paid damages under Policy No. AX0925, and also recovers from another, the amount recovered b om the other shall be held by that Cardmember or Commercial Car Rental Company in trust for the Insurer and reimbursed to the extent of the Insurer's payment. vs it condition precedent to coverage, the Cardmember is required, and has it duty to fully cooperate with the Insurer in any rnvcstigations, subrogation matters to legal proceedings by providing copies of any and all legal notices and any, and all statements, including sworn statements and contributing any other papers and documents to reasonably assist in the disposition of the legal matter. Nolui;.aii,oo iti c"d Ar tia;; Nhen a Cardmember is served with suit and/m summon.; 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 sunnnons papers to the Car Rental Loss and Damage claims unit within I5 days otwhen be Cardmember is served. Failure to corrply mac result in denial of benefits- Wd;ta«ral liflornmuo,r i„r 1on phis coveerge is underwritten by AMEX Assurance Company ("Insurer") through insurance Policy _1X0925 (the "Policy") issued to Annencan Express Travel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Policy may be changed or terminated. This Description of Coverage is an important document. Please keep it in a safe place. Although it describes the present 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 Policy which may have been furnished to the Cardmember. Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company CRLDI-DOC-CCSG 11/05 1. For those eligible and enrolled in Membership Rewards, if a Membership Rewards redemption certificate is used, coverage is provided only to Rental Autos rented in the United States. 2. When used in conjunction with a Membership Rewards redemption certificate, the participating Car Rental Companies are limited to Hertz, National and Budget. 3. If eligible and enrolled in Membership Rewards, coverage is also activated when the Cardmember (I) presents a Membership Rewards redemption certificate and (2) uses a Membership Rewards redemption certificate ata participating Commercial Car Rental Company. Important note for those enrolled in Membership Rewards: A Membership Rewards redemption certificate can only be redeemed by eligible Cardmembers. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to non-eligible Cardmembers and/or non-Cardmembers. 4. Does not apply to New York State residents. Additional Information for Residents of Louisiana The Rights of Recovery section 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 Company's right to recover is subordinate to the Cardmember's right to be fully compensated. CRLDI-RDRI-LA 11/05 Additional Information for Residents of Son tit Dakota 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: 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: consumption of alcohol at or in excess of the legal blood alcohol level for a felony conviction in the state or locality in which the Accident occurred; CRI.D1-RDRI-SD 11/05 Additional information liar Residents of Velmont Under Losses Not Covered, the following item is hereby removed: .7 alcohol intoxication on the part of the driver, as defined in the stale where the Accident occurred; CRLDI-RDR]-VT 11/05 Additional lnformation for Residents of 4i'istirnnsirr Under Losses Not Covered, the following items are hereby removed: 5. illegal activity, such as losses where the Rental Auto was used for, or involved in illegal activity or felony; alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; 8. voluntarily taking any drug or acting under the influence or effect of that drug (unless taken as prescribed or administered by a Doctor); 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 tinder the influence of an intoxicant or a controlled substance or controlled substance analog, or a combination thereof, or under the influence of an)' other drug to a degree which renders him or her incapable of safely driving, or under FDR 920699 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-RDRI-WI 11105 Additional Information for Residents of West Virginia Under How Benefits are Paid, the Footnote, to the note that reads: Note: Benefits will not be paid if, on the date of loss, on the date of claim filing, or on the date of potential claim payment, any amount due on Your Card account is past due or Your Card is cancelled, is hereby revised to read as follows: Does not apply to West Virginia and New York State residents. CRLDI-RDRI-WV 11/O5 Additional Information for Residents of North Carolina A portion of the fees associated with this Card are applied to the insurance benefit. CRLDI-RDRI-NC 11/05 THE FOLLOWING INSURANCE PLAN IS AVAILABLE ONLY FOR COMMON CARRIER TICKETS CHARGED TO A PLATINUM DELTA SKYMILES CREDIT CARD: Description of Coverage Ilow the Iiaggaga Insurance Plan 41'orks The American Express Card Baggage Insurance Plan ("Plan") provides certain coverage against Loss or damage to checked and carry-on baggage of yours and of Eligible Persons (see Who is Covered) when Common Carrier tickets are charged to your eligible American Express Card or another eligible Account. How Y.11 Benefit Coverage is in effect for Eligible Persons during their travel on a Common Carrier when the ticket for the trip (one-way or round-trip) is charged to your eligible American Express Card or another eligible Account. Coverage during a Covered Trip for each Eligible Person includes: Up to $1, 250 for carry-on baggage and certain carry-on personal effects while these covered items are on board the Common Carrier; and Up to $500 for checked baggage, in EXCESS of checked baggage coverage provided by Common Carriers. Note: For New York Stale residents, there is a $10,000 aggregate maximum limit for all Eligible Persons per Covered Trip. If the Common Carrier ticket finreach Eligible Person is charged in advance of going ducctly to the terminal to board the Common Carrier, the baggage of each Eligible Person is also covered for: Up to S 1,250 while the Eligible Person is going directly to or leaving directly from the terminal on a Covered Trip while traveling as a passenger in a land Common Carrier (such as a taxi, bus, airport limousine) or in a scheduled helicopter operated as a Common Carrier. I1p to 51,250 while the Eligible Person is in a terminal for the purpose of boarding or immediately after disembarking from a Common Carrier on a Covered T iP ]mportara Definitions in this Dc,,, iption of Coverage American Express Card or Account means a Basic or Additional American Express Card, Business Travel Account, Airline Billing Account or a Treasurers Card, and the extended payment account, if any, offered in conjunction with any of these. all issued by American Express Travel Related Services Company, Inc. or its participating subsidiaries ("American Express") and which is eligible for coverage under this Plan Common Carrier means an air, land or watt vehicle licensed to carry passengers lint hire (such as planes, trains, ships, and buses). Common Carriers do not include rented or private vehicles, of hotel or other courtesy vehicles for which no fare is paid. = Covered Trip means it trip for which the Common Cal rici ticket has been charged to an eligible American Express Card account of another Account. Each Common Carrier Iicketconstitutes a separate Covered Trip iCD25E1 7PR92C699 o'-2:FCR815199 3/11/2008 1:07 AM Page 12 k,ey'li;rms to know Benefits will not be paid if, on the date of occurrence of Loss or damage or on the date of claim filing, any amount of your American Express Card or another eligible Account used to charge the Common Carrier ticket(s) for the Covered Trip is (a) unpaid for two billing periods or; (b) your American Express Card or another eligible Account is canceled.' For checked baggage, this is EXCESS coverage. The Plan only supplements a Common Carrier's liability for checked baggage up to the baggage's full value (defined as total original cost) or $500, whichever is lower. (For example, ifyour Loss of checked baggage on a Covered Trip is S2,000 and the Common Carrier reimburses you only $1,000, the Plan will reimburse you for up to $500.) Claims for checked baggage can be processed and paid only after the Common Carrier responsible for the Loss or damage has settled and paid for the claim against it. If the Common Carrier completely denies your claim, there will he no reimbursement fur Loss or damage under this Plan unless the sole reason for denial is the specific exclusion of a particular item(s) (e.g., camera) under the Common Carrier's contract of carriage. for carry-on baggage (baggage not checked with a Common Carrier), claims will be payable on the basis of the actual cash value (actual cash value is defined as the replacement cost at the time ofLoss or damage, less depreciation). AMEX Assurance Company may, at its option, elect to repair or replace the covered baggage with property of like kind and quality, subject to settlement based on actual cash value - Itenrs x hilt Special I: imitation:. Coverage for high-risk items is limited to a combined maximum of $250 for each Eligible Person for each Covered Trip These high-risk items include, but are not limited to, jewelry, sporting equipment, photographic or electronic equipment, computers and audio/visual equipment. 5turo m What. is Not Ccvercd Business contents or effects; umbrellas; hats; coats; cash or its equivalent credit cards; securities; tickets and documents; contact lenses; artificial Iceth and limbs; plants and animals; household effects (items used or displayed in a household, not of a personal nature, such as silverware, art objects, bedding and linens); automobiles; motorcycles; boats or other con eyances. However, bicycles checked as baggage and coats packed in checked or carry-on baggage are covered according to the checked and carry on baggage coverages described aboye- There is no coverage for Loss or damage: caused by war, civil war nr radioactive contamination; contributed to or caused by voluntary consent or contributed to or caused by confiscation or requisition by Customs or other governmental auihority. Wh„ , , ore-d You cvc considered to be an Eligible Person under this Plan if. You are: (a) an American Express Cardmember who has an American Express Card or Account issued by American Express in your name; or (b) an employee (or other authorized person) of an entity which has a Business Travel Account, Airline Billing Account or Treasurer's Card issued to it by American Express and are eligible to have your Common Carrier late charged to that Account; or (c) the spouse or dependent child under age 23 of any Eligible Person described in la) or (b) abmr; and You arc a resident of the United States oLAmerica or unc of its tetool ics or possessions and the American Express Card ac,ount or other ACLnlmt used is billed in the United Statcs- U-, F q;I Tu ensure prompt processing of your claim, you need to 11 repo-( any lost or damaged baggage immediately, as follows: par checked baggage, you must file a written report of the Loss or damage with the Common Carrier before leaving the terminal. Fm carry-ou baggage, you must file a written report of the Loss or damage with a local law enforcement agency. You must retain all written resorts and receipts until the lirad c:um dclcnninaron has been made. 2. Call toll-free 1-800-645-9700 (overseas, call 1-303-273-6498) to report your claim to the claims department and obtain a Baggage Insurance Plan Claim Form. 3. Complete and sign the Baggage Insurance Plan Claim Form and return it with the documentation as requested in the claim farm. Please note the following: Your claim will NOT be processed until all these required documents are received. You must return your completed claim form and required documents promptly, but not later than six months from the date of occurrence of Loss or damage, or your claim will be denied. Additional Information for You The American Express Card Baggage Insurance Plan is underwritten by AMEX Assurance Company ("Insurer"), Administrative Office, Green Bay, Wisconsin. This document serves only as a Description of Coverage and is not a Policy or contract of insurance; the actual Terms, Conditions and Exclusions of Policy AX0400 ("Policy") govern the Baggage Insurance Plan. The Policy has been issued to American Express Travel Related Services Company, Inc. by AMEX Assurance Company and is on file at the offices of American Express. This document replaces all existing prior Descriptions of Coverage for the American Express Card Baggage Insurance Plan. Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company 6437-12-02(CP) 1. Does not apply to New }brk State residents. American Express Card Baggage Insurance Plan Description of Coverage Rider under Master Group Policy No. AX0400 Additional Information loot Platinum and Centurion C:ardmcmbers Benefit limits for checked and carry-on baggage are hereby amended throughout the Description of Coverage for American Express Platinum and Centurion Cardmembers. This amendment is hereby made part of the Description of Coverage as described below. A combined maximum up to $3,000 for carry-on and checked baggage. The maximum benefit for checked baggage per Eligible Person per Covered Trip is $2,000, in excess of checked baggage coverage provided by Common Carriers. Benefits for carry-on and checked baggage under this Plan are limited to a $3,000 maximum per Eligible Person per Covered Trip. In all other respects, the provisions and conditions of the Description of Coverage remain the same. In Witness Whereof, We have caused this Policy to be signed by Our officers. X11 Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company BI-RDRl 10/06 FDR 9?U699 M R) ?008 American Express Ronny R Anderson Sheriff` Jody S Smith Chief Deputy Richard W Stewart Solicitor ,'4or of as ?,, tr Or T:FFT,r FILED-OFFICE C. THE PROTHON0 i 2012 MAY 22 AM 9: 09 CUMBERLAND COUNTY PENNSYLVANIA American Express FSB VS. Casa Number Michele Roberts 2012-2984 SHERIFF'S RETURN OF SERVICE 05/15/2012 07:57 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 15 2012 at 1957 hours, he sensed a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michele Roberts, by snaking known unto herself personally, at 14 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. tJTS TY SHERIFF COST: $45.00 May 18, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY (C) CountySuite Sheriff, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF L Our file No.: 340615 iv Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB Plaintiff, vs. MICHELE ROBERTS Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on June 14, 2012, STIPULATED by and between AMERICAN EXPRESS BANK, FSB ("Plaintiff') and MICHELE ROBERTS ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $10,487.19, plus court costs in the amount of $148.75, for a total of $10,635.94. 2. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 3. Defendant shall remit payment(s) in the following manner: a. $600.00 to be paid on or before June 25, 2012; b. $100.00 to be paid on. or before the 25th day of each month, beginning July 25, 2012 through June 25, 2013; .c. $385.00 to be paid on or before the 25th day of each month, beginning July 25, 2013 until paid in full. 4. All checks shall be made payable to "AMERICAN EXPRESS BANK, FSB", and sent to the office of Plaintiff s attorney, Apothaker & Associates, P.C., located at the following address: CiL i H P %UFFICE THONOTA Y X%V 2 2012 JUL -2 PM 2: CUjRLAF TY r NNS) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 12-2984-CIVIL TERM Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: Benj in J avallaro, Esquire rney ID# 307949 Apothaker & Associates, P.C. Attorneys for Plaintiff By: Akju W MICHELE ROBE S Defendant 2