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HomeMy WebLinkAbout13-2183 / 1 Supreme Co �o Pennsylvania Cour �Com] , leaS I For Prothonotary Use Only: sh��t a , a, r— . ti Docket No: r, C�i� ��" and` y � County S �y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other pa ers as required by I" or rules of court. Commencement of Action: S Q Complaint ® Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C American Express Centurion Bank, a Utah State Chartea Richard Heisen T Are money damages req uested? l Yes No Dollar Amount Requested: Elwithin arbitration limits + Y g 9 (check one) Doutside arbitration limits O r N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? [3 Yes (M No A Name of Plaintiff /Appellant's Attorney: DEMETRIOS H TSAROUHIS 130138 ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. ! l ! TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional [3 Buyer Plaintiff Administrative Agencies O Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment ® Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation ® Premises Liability pp Statutory Appeal: Other S [3 Product Liability (does not include ®Employment .Dispute: E mass tort) ®I Discrimination Slander/Libel /Defamation f C Other: Employment Dispute: Other M Zoning Board , l Other: } I Other: O MASS TORT ® Asbestos N 0 Tobacco l3 Toxic Tort - DES i n Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [3 Ejectment [2 Common Law /Statutory Arbitration I El B Eminent Domain /Condemnation 0 Declaratory Judgment n Ground Rent Mandamus Landlord /Tenant Dispute n Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto ® Dental 0 Partition Replevin 0 Legal ® Quiet Title Other: ® Medical [3 Other: ® Other Professional: I Updated 1/1/2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Centurion Bank,a Utah state chartered bank Plaintiff V. No. RICHARD HEISEN.� Defendant = ZZ M • 130138.001 -� J{ NOTICE TO DEFEND Z , C:) (tf You have been sued in court. If you wish to defend against the claims set forth in the:o w�a a pages, you must take action within twenty (20) days after this complaint and notice are setved; 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717 - 249 -3166 5 0 C * 103.� S µ 3Sco/ }2# IF 461 I do hereby certify that the within is a true and correct copy nhe original filed in this a tion. 1 Demetrios H Tsarouhis COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Centurion Bank,a Utah state chartered bank, Plaintiff .' V. No. ' RICHARD HEISEN, Defendant • 130138.001/ COMPLAINT Plaintiff, American Express Centurion Bank,a Utah state chartered bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Centurion Bank,a Utah state chartered bank, ( "Plaintiff") is a UT business corporation having its corporate offices at 4315 S 2700 W, SALT LAKE CITY UT 84184. 2. Defendant, RICHARD HEISEN , is an adult individual resident of Pennsylvania who maintains an address at 807 STRATFORD DR , CARLISLE PA 17013. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in * * * * * * * * * * 62004. 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement "). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 2 6. Defendant used the credit card with account number ending in * * * * * * * * * * 62004, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit `B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on or about 02/09/2013 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $27,179.41. 11. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $27,179.41 due on the account; b) Costs of suit; COUNT II Alternative to Count I - Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 3 14. Defendant received and accepted the benefit of said credit provided by Plaintiff. 15. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 18. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $27,179.41. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $27,179.41 due on the account; b) Costs of suit. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9 1h Street —Suite 200 Allentown, PA 18102 610 - 439 -1500 4 Date: April 16, 2013 130138.001 5 ICD25432 _FDR974954_p12:PDR815199 6/1/2009 3:19 FM Page 1 FDR 974954 CD 25932 (07/09) Between American Express! Cre CE • f ` 1 1 ► i ttetconic to American Express C'aidmemhcrship you make with the Card. ExpressPay generates a unique forfeit your entire Rebate for any Rebate Year if the Minimum This document and the accompanying supplement(s) cryptogram to further protect your account from fraudulent Amount Due on any statement for anybilling period during constitute your Agreement. Please read and keep this transactions. If you notify its that the Card is lost, stolen or has the Rebate Year includes an amount that was previously Agreement. Abide by its terms. When you keep, sign or use the been fraudulently used, the Card and the ExpressPay feature included in the Minimum Amount Due on three or more Card issued to you (including any renewal or replacement will be deactivated and another may be reissued. You agree to previous billing statements (approximately 90 days or more Cards), or you use the account associated with this Agreement use ExpressPay only in accordance with our instructions, and past due). (your "Account "), you agree to the terms of this Agreement. you agree not to attempt to get cash w th ExpressPay from any Credit Line The words "you," "your" and "yours" mean the person who source. You may cancel the ExpressPay feature on the Card or A portion of your credit line may be available to you for applied for the Account and the person to whom we address any Additional Card at any time upon notice to us by calling Cash Advances up to your Cash Advance limit. We may, at any billing statements, as well as any person who agrees to be liable the number on the back of the Card. time and in our sole discretion, increase and /or decrease your on the Account. The "Basic Cardmember" is the person who ,annual Fee credit line and Cash Advance limit. We may limit Charges at an opened the Account. At your request, we may also issue a Card There is no annual fee for this Account. automated teller machine ( "ATM ") to the lesser of (i) a total of on your Account to another person (an "Additional $1,000 in any seven -day period, or (ii) the remaining amount Cardmember"). The term "Card' refers to the American Rebate Your Rebate is awarded annually for each Rebate Year (12 of the Cash Advance limit on your Account; and we may Express Card issued you, all other Cards issued on your impose additional limits at our sole discretion (in addition to Account, } , and any other er device (such as Account numbers and consecutive billing periods beginning with the billing period P during which your Card anniversary date occurs). For the first any limits imposed by the by owner). Your billing convenience checks) with which you may access your Account. statements will show your credit line and Cash Advance limit "We; "'our" and "us' refer to American Express Centurion $6,500 of Eligible Purchases (defined below) in a Rebate Year, Bank, the issuer of our Account. you will earn a I % Rebate for Everyday Purchases (defined and the unused portions of such line and limit as of the Y below) and a 0.5% Rebate for all other Eligible Purchases. After statement date. You agree to manage your Account so that your Using the Card the first $6,500 of Eligible Purchases in a Rebate Year, you will balance for Cash Advances (including fees and Finance You may use the Card to obtain goods and services from begin earning a 5% Rebate for Everyday Purchases and a 1.25% Charges) will not exceed the Cash Advance limit and your any person who accepts the Card ( "Purchase(s) "). You may Rebate for all other Eligible Purchases. overall balance (including fees and Finance Charges) will not also use the Card to obtain loans ( "Cash Advance(s) ") through "Everyday Purchases" are Eligible Purchases made at the exceed your credit line. You agree to pay us, immediately upon various means we may make available (e.g., ATM machines) following categories of U.S. merchants that are not request, the amount of any balance on your Account in excess up to the applicable limits on your Account. At our discretion, departments of superstores or warehouse clubs: supermarkets, of any applicable credit line or limit. We reserve the right to we may permit you to transfer balances from other accounts to drug stores, and automobile gasoline stations (for purchases of decline any attempted Charge, even if the Charge would not your Account ( "Balance Transfer(s) "). At our discretion, we automobile gasoline only, except that any purchase in excess of cause you to exceed your credit line or limit. may issue convenience checks that you can use to access your $400 at an automobile gasoline station will not qualify as au We are not responsible for any losses or other consequences Account. Each convenience check may be used only by you. Everyday Purchase). A Charge qualifies as an Everyday if a transaction on your Account is not approved for any You may not use convenience checks to pay any amount you purchase only if the merchant submits the Charge using the reason, even if you have sufficient credit available. Except as owe under this Agreement or to pay any other account you appropriate industry code, merchant code, or product /service otherwise required by applicable late, we will not be have with us or our affiliates. Transactions you make in code established by us. If the merchant submits a Charge using responsible if any merchant refuses to honor the Card or for response to promotional offers from us will be subject to the a different code, it will only qualify as an Eligible Purchase. In any other problem you may have with a merchant. terms of the promotion and this Agreement. addition, merchants with multiple locations may submit Promise to Par All amounts charged to your Account, including Purchases, Charges at different locations using different codes. This You promise to pay all Charges, including Charges incurred Cash Advances, Balance Transfers, convenience checks, annual means that you will receive a higher Rebate for Charges at by Additional Cardmembers, on your Account. This promise fee(s), if any, any amounts guaranteed by use of the Card, other some locations, but a lower Rebate at other locations of the includes any Charge for which you or an Additional fees, and any Finance Charges, are "Charges." A convenience same merchant. Cardmember indicated an intent to incur the Charge, even if check that we identify as having been made payable to cash, to "Eligible Purchases' are Charges to your Account for goods you or the Additional Cardmember have not signed a charge you, or to a bank, brokerage or similar asset account will be or services that have not been returned or otherwise credited form or presented the Card. You also promise to pay any treated as a Cash Advance. Any other convenience check, to your Account. Eligible Purchases do not include Finance Charge incurred by anyone that you or an Additional and /or a Balance Transfer will be treated as a Purchase, except Charges, fees, Cash Advances or other means of accessing your Cardmember let use the Card, even though you have agreed as otherwise noted. If you make a Purchase or a Balance Account, convenience checks, Balance Transfers, or the not to let anyone else use the Card. Transfer, or use a convenience check, that is governed by a purchase of American Express' Travelers Cheques and Status of and Respon.sibiIity for Additional Cardmembers promotional offer from us, the Charge will be included in a American Express' Gift Cheques or other cash equivalents. Additional Cardmembers do not have accounts with us. Promotional Balance, unless the notify you otherwise. A Eligible Purchases also do not include any charges posted to Instead, they are authorized users on your Account, and the maximum of 3 Additional Cards is permitted on your Account. your Account during any billing period for which payment of Cards issued to them may be cancelled by you or us at any You agree to use the Account only for legitimate purchases of the Minimum Amount Due is not credited to your Account by time. You must notify us to revoke an Additional goods and services for personal, family or household purposes. the Payment Due Date shown on the statement for that billing Cardmembers permission to use your Account. You are You agree not to let any person use a Card except a period. Eligible Purchases for any Rebate Year will be reduced responsible under this Agreement for all use of your Account Cardmember whose name is on it. You agree to notify us if the by any credits or adjustments posted to your Account during by the Additional Cardmembers, and by anyone else you or an Card is lost or stolen, or you suspect that it is being used the applicable Rebate Year. A credit for a Purchase posted to Additional Cardmember lets use the Card, and the Charges without your permission. You agree to use the Account only for your Account during any billing period for which the they incur will be billed to you. You have this responsibility Purchases, Cash Advances, or Balance Transfers that are lawful 1 inimum Amount Due is not credited to your Account by the even if you did not intend for an Additional Cardmember, or and are permitted under this Agreement. We may issue you Payment Due Date shown on the statement for that billing other person, to use the Card for any transactions. renewal or replacement Cards before a previously issued Card period will reduce the amount of the Rebate, if an , awarded P Y An Additional Cardmember is not liable for Charges expires. for the applicable Rebate Year. We reserve the right to exclude incurred by the Basic Cardmember or by other Additional if you or an Additional Cardmember authorize a third from Eligible Purchases any Charges that we determine are not Cardmembers. However, by each use of the Additional Card to party to bill Charges on a recurring basis to your Account made for personal, family or household purposes; with the incur Charges, the Additional Cardmember indicates his or her ( "Recurring Charge(s) "), we may (but are not required to) good faith intention of consuming the item charged; or with agreement to pay us for the Charge if you fail to or refuse to provide such third party with your current Account status, the intent to avoid a per- transaction rebate threshold. pay it, and we may, at our discretion, pursue Additional Card number and /or expiration date to permit that third party The Rebate amount(s) that may appear on your billing Cardmembers for payment of Char es they incur or authorize. to continue billing your Account. We may take such steps even statement under the heading "Cash Rewards Earnings You authorize us to provide Account information to Additional if your account number changes or if we issue a renewal or Summary" are for informational purposes only and are not Cardmembers and to discuss the Account with them. replacement Card to you or an Additional Cardmember. To intended to indicate the actual Rebate, if any, that may be You agree to notify each Additional Cardmember, at the withdraw authorization for a Recurring Charge, you must awarded for a Rebate Year. If a credit posted to your Account time he or she becomes an Additional Cardmember, that we notify the third party. places your Rebate in negative status, the Rebate will be may receive, record, exchange and use information about him ExpressPay represented as zero on your billing statement; however, you or her in the same manner we do with information about you, The Card may be equipped with the ExpressPay feature will have to accumulate a Rebate equal to the negative Rebate as described below in the Consumer Reports, Telephone ("ExpressPay"), which enables you to make Charges without balance before you can accumulate a positive Rebate balance. Communications, and Suspension/ Cancellation sections of having the Card swiped or imprinted at a participating You will receive the Rebate in the form of credit to your this Agreement. You agree to notify each Additional merchant. ExpressPay uses a computer chip that is built into Account approximately one month after the end of the Cardmember that Additional Cardmembers are subject to all the Card and transfers encrypted payment information applicable Rebate Year. You will forfeit your entire Rebate for applicable provisions of this Agreement. wirelessly when you hold the Card to a contactless reader. any Rebate Year if your Account is canceled for any reason Charges made with ExpressPay are as secure as other Charges before the Rebate is posted to your Account. You will also I —� -- Exhibit " I CD25932 _FDR974954_p12:FDR615199 6/i/2009 3:19 PM Page 2 O Billing Statements your remittance into U.S. currency, unless a particular rate is Payment Due Date in any two billing periods, (it) a payment on You must notih us immediately of any change in the required by law. your Account is not honored by your bank or other financial mailing or e-mail address to which we send billing statements Payments conforming to the above requirements that we institution, or (iii) you exceed any designated credit limit on or notices that abilling statement has been posted ('Billing receive no later than the hour specified on your billing your Account three or more times. The "Review Period" is the Address'). If you wish a Billing Address change to apply to statement will be credited to your Account as of the day period, constituting approximately one year, of twelve more than one account you maintain with us, you must tell us. received; payments conforming to the above requirements that consecutive billing periods ending with the Closing Date of the You agree that we may also update your Billing Address if we the receive after the hour specified on your billing statement current billing period, whether or not you received a statement receive information that your Billing Address has changed or is will be credited to your Account as of the following day. for each such billing period. If the Default Rate is applied, it incorrect. If payment does not conform to the requirements stated will apply to your Account for a minimum of twelve The "New Balance" appears on your billing statement. To above, crediting may be delayed. if this happens, additional consecutive billing periods, beginning with the current billing determine the New Balance, we begin with the outstanding Charges maybe imposed. We may accept late payments, period. The Default Rate is a DPR which corresponds to an balance on your Account at the beginning of each billing partial payments or any payments marked as being payment in APR equal to the Prime Rate plus 23.99 %. period, called the "Previous Balance' on the billing statement. full or as being settlement of any dispute without losing any of E. The "Prime Rate' is determined once with respect to We add any Charges, subtract any credits or payments credited our rights tinder this Agreement or under the law. Our each billing period. The Prime Rate for each billing period is as of that billing period, and make other applicable acceptance of any such payments does not mean we agree to the Prime Rate published in the Money Rates section (or adjustments. change this Agreement in any way. You agree that an successor section) of The Wall Street Journal on (a) the first day Minimum Amount Due acceptance of such payments will not operate as an accord and of that billing period or (b) the day that is two days prior to the Each billing statement will reflect a Minimum Amount satisfaction without our prior express written approval. Closing Date of that billing period, whichever is higher. In each Due. Payment is due by the time and date shown and in the Subiect to applicable law; we will apply and allocate case, if such a day is not a customary publication day for The manner prescribed on the statement. The Minimum Amount payments and credits among balances and Charges on your Wall Street Journal, we will substitute the closest preceding day Due will not exceed the New Balance. You may pay more than Account in any order and manner determined by us in our sole that is a customary publication day. If The Wall Street Journal the Minimum Amount Due, up to the entire outstanding discretion. In most cases, we will apply and allocate payments ceases or suspends publication, we may refer to the Prime Rate balance, at any time. To calculate the Minimum Amount Due, first to balances at lower Annual Percentage Rates ("APRs") published in any other newspaper of general circulation in we add together the following amounts, round the result to the and then to higher APR balances, and apply Purchase credits New fork, New York, or the may substitute a similar reference nearest whole dollar, and then add any amount past due: first to the balance from which the corresponding debit rate at our sole discretion. Any increase or decrease to an APR (1) the greatest of: originated. However, for servicing, administrative, systems or resulting from a change in the Prime Rate takes effect as of the (a) 2% of the New Balance (excluding from the New other business reasons, we may apply and allocate payments first day of the billing period. An increase in the Prime Rate Balance any any late fees or over -limit fees); and credits among balances and to Charges on your Account in means that the variable APRs (and corresponding DPRs) (b) the lesser of: some other order or manner that we may determine in our sole applicable to your Account will increase and you may incur (i) current billed Finance Charges plus 1 % of the New discretion. You agree that we have the unconditional right to higher Finance Charges and may have a higher Minimum Balance (excluding from the New Balance any late exercise this discretion in a way that is most favorable or Amount Due. fees or over -limit fees and finance charges), or convenient to us. Average Daily Balance Method for Calculation of Finance (ii) 4% of the New Balance; or Authorization for Electronic Debit to Your Checking Charges (e) $15; Account We use the Average Daily Balance method to calculate (2) any over -limit fees added during the billing period; and When you provide a check as payment, you authorize us to Finance Charges on your Account. Under this method, we (3) any late fees added during the billing period. use information from your check to make an electronic fund calculate the Finance Charges on your Account by applying the Adjusted Minimum Amount Due transfer from your account or to process the payment as a DPR to the Average Daily Balance (as described below) Summary: If you consistently pay more than the check transaction. if we process your check electronically, separately for each balance subject to Finance Charges. Minimum Amount Due outlined above, we may calculate your funds may be withdrawn from your bank or asset account as Different periodic rates may be used for different balances. For minimum payment without any late fees or the additional I% soon as the same day we receive your check. Also, if we process example, different DPRs may be applied to separate balances, of the balance referenced in (1)(b)(i). if we do this and your check electronically, you will not receive that cancelled such as Purchase, Cash Advance, and Promotional Balances. To finance charges are more than 2% of the balance, we may add check with your bank or asset account statement. get the Average Daily Balance for each balance, we (1) take the $15 to your minimum payment. For information about how Finance Charges beginning balance for each day (including unpaid Finance this works, read the detailed description below. A. Finance Charges begin to accrue for each Charge as of Charges from previous billing periods), (2) add any new Detailed Description: We may adjust the outlined the date the Charge is added to the daily balance, as described transactions, debits, or fees, (3) subtract any payments or calculation above by removing the late fees in (3) and "plus I% below. If payment in full for any New Balance shown on the credits credited as of that day, and (4) make any appropriate of the New Balance" in (1)(b)(i). In the adjusted calculation, statement for a billing period is credited to your Account by adjustments. For each day after the first day of the billing we will exclude only the over -limit fees from the New Balance the Payment Due Date shown on that statement, then Finance period, we also add an amount of interest equal to the previous in (I)(a). After the adjustment, if (1) is equal to the current Charges will not accrue for Purchases from the date on which day's daily balance multiplied by the DPR for the balance. This billed Finance Charges, we will increase your Minimum payment in full of that New Balance is credited to your gives us the daily balance for the particular balance for that day Amount Due by $15. Account until the end of the billing period in which such and the beginning balance for that balance for the next day. if We will apply the adjusted calculation to your Account if payment is credited to your Account. in addition, Finance this balance is negative, it is considered to be zero. Then, we • the sum of your payments (credited to your Account in Charges will not accrue for Purchases during a billing period if add up all the daily balances for each balance for the billing the six consecutive billing periods ending with the (a) the Previous Balance shown on the billing statement for period and divide the total by the number of days in the billing Closing Date of the current billing period) is greater than that billing period is zero or a credit balance, or (b) payment in Period. This gives us the Average Daily Balance for that the sum of the Minimum Amounts Due (for the six full for the New Balance, if any, shown on the statements balance. consecutive billing periods ending with the Closing Date covering the two immediately preceding billing periods is If you multiply the Average Daily Balance for each balance of the previous billing period, not using the adjusted credited to your Account by the respective Payment Due Dates by the number of days in the billing period and the DPR for calculation and including the amount past due in only shown on those statements. For purposes of this paragraph, that balance, the result will be the Finance Charge assessed on the first of those six periods); Purchases do not include Balance Transfers or convenience that balance, except forvariations caused by rounding. The • the sum of the Minimum Amounts Due is equal to the checks. total Finance Charge for the billing period is calculated by sum of your payments and it is less than or equal to $90; B. The Daily Periodic Rate ( "DPR") for Purchases and the adding the Finance Charges assessed on all balances of the the sum of the Minimum Amounts Due is zero and we DPR for Cash Advances are each based on an APR, which may Account. This method of calculating the Average Daily Balance used the adjusted calculation in the last billing period vary. The APR for Cash Advances is the Prime Rate plus and Finance Charge results in daily compounding of Finance when your Minimum Amount Due was not zero; or 17.99 %. A DPR is 1 /365th of the APR. Your DPRs and APRs for Charges. We may use mathematical formulas which produce If we adjust your Minimum Amount Due, we will do so for Purchases appear on the accompanying supplement( S). When equivalent results to calculate the Average Daily Balance, at least six billing periods, and if we stop adjusting your an APR changes, we apply it to any existingbalance subject to Finance Charge, and related amounts. For example, we may Minimum Amount Due, we will not adjust it again for at least that rate. utilize computer programs or other computational methods six billing periods, regardless of your payment history. C. Notwithstanding the foregoing, unless a higher rate that are designed to produce mathematically equivalent results applies, the APR for all balances except Cash Advances will be while using fewer and/or simpler computational steps than are Payments described in this Agreement. All payments must be sent to the payment address shown equal to Prime plus 14.99% if during any Review Period any At our discretion, we may exclude certain categories of on your billing statement and must include the remittance portion of any Minimum Amount Due is not credited to your debit transactions or fees from the calculation of the clot/ Account by its Payment Due Date. The "Review Period" is the y coupon from your billing statement. You must pay us in U.S. balances. Unless we elect to use a later date, we add a Charge to currency, with a single draft or check drawn on a U.S. bank and Period, constituting approximately one year, of twelve rument payable consecutive billing periods Bail balance as follows: We add a Cash Advance or payable in U.S. dollars, or with a negotiable insteriods ending with the Closing Date of the purchase to the appropriate dail • balance as of the date of g system, request or the transaction in U.S. dollars and clearable through the U.S. bankin current billing period, whether or not you received a statement y g action dale on the billing statement. We or through an electronic payment method clearable through for each such billing period. add a convenience check to the appropriate daily balance as of the U.S. banking tem. Your Account number must be D. Notwithstanding the foregoing, the DPR (and g corresponding APR) on all balances will increase to the Default the date of first deposit. We add a Balance Transfer other than included on or with all payments. If we decide to accept a through a convenience check to the app ropriate dai) balance made in a foreign currenc y ou authorize us to Rate enduring the Review Period credited to of your g y p ayment g �' Y Minimum Amount Due is not credieo your Account by the as of the date of the request. We add periodic Finance Charges choose a conversion rate that is acceptable to us to convert to the daily balance as described above. We add any other FUR 974954 2 CD 6/1/2009 3:19 PM Page 3 Charge to the appropriate daily balance as of the date of the default, and without giving you notice, subject to applicable enforceability or scope of this Arbitration Provision or the transaction. law. Any such action on our part will not cancel your obligation Agreements. For purposes of this Arbitration Provision, "you" Periodic Finance Charges are added to the outstanding to pay all Charges due on your Account under the terms of this and "us" also includes any corporate parent, or wholly or balance at the end of the billing period for which Finance Agreement in effect at the time of such action or as majority owned subsidiaries, affiliates, any licensees, Charges are calculated. In any such billing period, we will subsequently amended, and you agree to pay us all such predecessors, successors, assigns, any purchaser of any impose a minimum Finance Charge of $0.50, which will be Charges despite any such action. We may advise third parties accounts, all agents, employees, directors and representatives added to the balance with the highest APR unless, for our who accept the Card that the Card(s) issued to you and /or of any of the foregoing. and other persons referred to below in convenience and in our sole discretion, we choose Lo add it to a Additional Cardmembers have been cancelled. If we cancel the the definition of "Claims." "Claim" includes claims of every balance with a lower APR. In our sole discretion, we also ma Card or it expires, you may no longer use it and you must kind and nature, including but not limited to, initial claims, round any calculations made in determining the Finance destroy it or return it to us or, if we request, to a third party. If counterclaims, cross - claims and third -party claims and claims Charges on your Account in any way that is convenient to us. you want to cancel the Account or any Additional Cards, you based upon contract, tort, fraud and other intentional torts, Any such rounding may apply to or cause variations in your must notify us and destroy the Card(s). statutes, regulations, common law and equity. "Claim" also DPRs. If we agree to reinstate your Account after a cancellation, includes claims by or against any third party using or providing Late Fees the new Agreement we send you (or, if we do not send you a any product, service or benefit in connection with any account We may assess a Late Fee if a payment of at least the new Agreement, this Agreement as it may be amended) will (including, but not limited to, credit bureaus, third parties who Minimum Amount Due is not credited to your Account by the govern your reinstated Account. When we reinstate your accept the Card, third parties who use, provide or participate in Payment Due Date. The amount of the Late Fee depends on the Account, we may reinstate any Additional Cards issued in fee -based or free benefit programs, enrollment services and amount of Previous Balance on the statement on which the connection with your Account, and bill you the applicable rewards programs, credit insurance companies, debt collectors Late Fee appears, as follows: annual fee(s). and all of their agents, employees, directors and Previous Balance Late Fee Default representatives) if and only if, such third party is named as a Less than $400 $19 We may consider your Account to be in default at any time co -party with you or us (or files a Claim with or against you or $400 or greater $38 if you fail to pay us any amount when it is due, or if you breach us) in connection with a Claim asserted by you or us against any other promise or obligation under this Agreement. the other. The term "Claim" is to be given the broadest possible Other Fees b We may charge the following ees to your Account, subject Subject to applicable law, we may also consider your g that will be enforced and includes, Y wa Y of exam P le y that to applicable law. Except as otherwise meanin wise n ted, these fees will be Account to be in default at any time if arty statement made by an from or relates to (a) any f the accounts controvers d under added to the Purchase Balance. you to us in connection with this Account or any other credit I. Dishonored Payments: We may charge a fee of $38 Program was false or misleading; if you breach any promise or any of the Agreements, or any balances on any such accounts, whenever any • check, similar instrument, or electronic obligation under any other agreement that you may have with (b) advertisements, promotions or oral or written statements us or with any of our affiliates; if we receive information related to any such accounts, goods or services financed under payment order that we receive as payment on your Account is an of the accounts or the terms of financing, c the benefits not honored upon first presentment. indicating that you are bankrupt, intend to file bankruptcy, or and services related to Cardmembership (including fee -based if a Card is presented in connection with cashing a check at are unable to pay your debts as they become due; or we receive or free benefit programs, enrollment services and rewards an American Express Travel Service Office or other authorized information leading us to conclude that you are otherwise not y pp y creditworthy. In evaluating Y our creditworthiness, y ou a programs), and (d) our application for an account. We shall location and the check is not honored, we may charge a fee of agree not elect to use arbitration under the Arbitration Provision for $38. (We will also add a Charge to the Cash Advance balance of that we may rely on information contained in consumer an Claim that you properly file and pursue in a small claims reports, and in our discretion we may consider the amount of Y Y P y our Account in the amount of the check that was not debt you are carrying compared to your resources or any other individual and of your state endi municipality so long as the Claim is humored.) divn only to that court. 2. Copies of Statements: We may charge a fee of $5 for of your credit characteristics, regardless of your performance Initiation of Arbitration Proceeding /Selection of each billing period for which a co of a billing statement is on this Account. We may also consider your Account in default g P PY g Administrator: Any Claim shall be resolved, upon the election re ue,lel. We will not charge this fee for any request for a co in the event of your death. q g y PY In the event of your default, and subject to any limitations by You or on and e co by arbitration pursuant to this Arbitration of any of the billing statements for the three billi ng periods Provision thde of procedures of the national immediately prior to the request, or requirements of applicable law, we may require payment of a P y P q Portion oC outstanding balance greater than the arbitration organization to which the Claim is referred in effect 3. Account Re- opening Fee: We may charge a re- opening P Y our g g at the time the Claim is filed (the "Code "), except to the extent fee of $25 if your Account is cancelled for an reason and ou Minimum Amount Due, declare the entire amount of your o referred t re uest reinstatement and such request is honored. Y obligations to us immediately due and payable, and /or suspend Y charge a fee of $15 each time a the Code conflicts with this Agreement. Claims shall be q 4. Wire Transfers: We ma • or cancel your Account and /or any feature that may be offered either the National Arbitration Forum ( "NAF ") or g the American Arbitration Association ('AAA), as selected by wire transfer from your Account is initiated and authorized. in connection with the Account You agree to pay all the art election to use arbitration. if a selection b us of 5. Stop Payment Orders: We may charge a fee of $29 reasonable costs, including reasonable attorneys fees, incurred either of these o 8 organizations is unacceptable to you, ou shall each time we receive a request to stop payment on a by us (1) in connection with the collection of any amount due g P y Y q p P on your Account whether or not any arbitration, litigation, or have the right within 30 days after you receive notice of our , convenience check drawn on your Account. election to select the other organization listed to serve as b. Over -limit Fee: We may charge a fee of $35 in each e similar proceedings are initiated; and (2) in reasonably g billing period the New Balance on your statement exceeds your protecting ourselves from any loss, harm, or risk relating to any arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, credit line. default on your Account. contact them as follows: Convenience Check UsageBalance Transfer Transactions Alade in Foreign Currencies NAF at P.O. Box 50191, Minneapolis, MN 55405; Transaction Fee: We may assess a transaction fee for each If you incur a Charge in a foreign currency, it will be website :wwvw.arbitration- forum.com. Balance Transfer and each convenience check drawn on your converted into U.S. dollars on the date it is processed by us or AAA at 335 Madison Avenue, New York, NY 10017; Account, as disclosed in the applicable Promotional Offer, in our agents. Unless a particular rate is required by applicable website: www.adr.org. die materials accompanying the convenience check, or at the law, you authorize us to choose a conversion rate that is Significance of Arbitration: IF ARBITRATION I.S time of the transaction. This fee is a Finance Charge and, if acceptable to us for that date. Currently, the conversion rate we CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, assessed, will be added to the same Purchase or Cash Advance use for a Charge in a foreign currency is no greater than (a) the NEITHER YOU NOR WE WILL HAVE THE RIGHT TO balance as the convenience check transaction or Balance highest official conversion rate published by a government LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL Transfer. For convenience checks made payable to cash or to agency, or (b) the highest interbank conversion rate identified ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT You, a bank, brokerage or similar asset account, however, by us from customary banking sources, on the conversion date HAVE THE RIGHT TO PARTICIPATE IN A unless otherwise disclosed in the applicable Promotional Offer, or the prior business day, in each instance increased by 2.7 %. REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY in the materials accompanying the convenience check, or at the This conversion rate may differ from rates in effect on the date CLASS OF CLAIMANTS PERTAINING TO ANY CLAiM time of the transaction, there will be a transaction fee of 3 %, of your Charge. Charges converted by establishments (such as SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH with a minimum of $5. airlines) will be billed at the rates such establishments use. BELOW THE ARBITRATOR'S DECISION WILL BE FINAL. 8. ATM Fee: We will impose a fee each time a Card is used Benefits and Services AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU to obtain cash or any other services from an ATM. This fee will Subject to applicable law, we have the right to add, modify OR WE WOULD HAVE IF YOU WENT TO COURT ALSO be 3% of the amount of the cash withdrawn or other services or delete any benefit, service, or Feature that may accompany MAY NOT BE AVAILABLE iN ARBITRATION. obtained (including any additional fee imposed for use of the your Account at any time and without notice to you. Restrictions on Arbitration:IF EITHER PARTY ELECTS ATM by its operator), with a minimum of $5. This fee will be TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM added to the Cash Advance balance. Arbitration Purpose: This Arbitration Provision sets forth the SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. Suspension /Cancellation circumstances and procedures under which Claims (as defined THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY In addition to any other actions we may take under this below) may be at instead of litigated in court. CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS Agreement, we may suspend or cancel your Account or any Definitions: As used in this Arbitration Provision, the OR ON BASES INVOLVING CLAIMS BROUGHT IN A feature offered in connection with your Account, we may term "Claim" means any claim, dispute or controversy between PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF reduce your credit line or cash advance limit (including to a you and us arising from or relating to your Account, this THE GENERAL PUBLIC, OTHER CARDMEMBERS OR level below your outstanding balance), and/or we may suspend Agreement, the Electronic Funds Transfer Services Agreement, OTHER PERSONS SIMILARLY SITUATED. The arbitrator's or cancel the authorization of any Additional Cardmember to and any other related or prior agreement that you may have authority to resolve Claims is limited to Claims between you make Charges to your Account, at our sole discretion at any had with us, or the relationships resulting from any of the and us alone, and the arbitrators authority to make awards is time, with or without cause, whether or not your Account is in above agreements ( "Agreements "), except for the validity, limited to awards to you and us alone. Furthermore, claims FDR 974954 3 CD25932_FDR974954_p12:FDRn 5199 6/1/2009 3:19 PM Page 4 brought by you against us, or by us against you, may not be invalidate the remaining portions of this Arbitration Provision, reinsure products, may also influence what products and joined or consolidated in arbitration with Claims brought by or the Agreement or any predecessor agreement you may have providers we identify. against someone other than you, unless agreed to in writing by had with us, each of which shall be enforceable regardless of Notices all parties. No arbitration award or decision will have any such invalidity. Any notice given by us shall be deemed given when preclusive effect as to issues or claims in any dispute with Waiver deposited in the U.S. mail, postage prepaid, addressed to you at anyone who is not a named party to the arbitration. Our failure to exercise any of our rights under this the latest Billing Address shown on our records. Notwithstanding any other provision in this Agreement Agreement, our delay in enforcing any of our rights, or our Changing this Agreement /Assignment of this Agreement (including but not limited to the Continuation provision waiver of our rights on any occasion, shall not constitute a We may change the terms of or add new terms to this below) and without waiving either party's right to appeal such waiver of such rights on any other occasion. Agreement at any time, in accordance with applicable law. We decision, should any portion of this Restrictions on Arbitration provision be deemed invalid or unenforceable, then the entire Consumer Reports may apply any changed or new terms to any then- existing Arbitration Provision (otter than this sentence) shall not You authorize us to request consumer reports about you, to balances on your Account as well as to future balances. This apply, make whatever credit investigations we deem appropriate, to written Agreement is a final expression of the agreement Arbitration Procedures: This Arbitration Provision is obtain and exchange any information we may receive from between the creditor and the debtor and the written made pursuant to a transaction involving interstate commerce, consumer reports and other sources, and to use such Agreement may not be contradicted by evidence of any alleged and shall be governed by the Federal Arbitration Act, 9 U.S.C. information for any purposes, subject to applicable law. oral agreement. We may also sell, transfer or assign this Sections 1 -16. as it may be amended (the "FAA"). The You authorize us to furnish information concerning your Agreement and the Account at any time without notice to you. arbitration shall be governed by the applicable Code, except Account to consumer reporting agencies, or others, subject to You may not sell, assign or transfer your Account or any of that (to the extent enforceable under the FAA) this Arbitration applicable law. Ifyou believe information we have furnished your obligations under this Agreement. Your Account may be Provision shall control if it is inconsistent with the applicable about your Account to a consumer reporting agency is transferred to American Express Centurion Services Code - The arbitrator shall apply applicable substantive law inaccurate, you should write to us at: American Express Credit Corporation if your Account is in default under the terms of consistent with the FAA and applicable statutes of limitations Bureau Unit, P.O. Box 7871, Ft. Lauderdale, Ft. 33329 -7871 and this Agreement. identify the specific information you believe is inaccurate. Assignment of Clahns and shall honor claims ei Y are hereby our of privilege recognized at law and, at You y notified that information about • g the timely request of either party, shall provide a brief written Y your the event you dispute a Charge and we credit your explanation of the basis for the decision. The arbitration Account that may have a negative impact on your credit record Account for all or part of such disputed Charge, we proceeding shall not he governed by any Federal or state.rules may be submitted to a credit reporting agency if you fail to automatically succeed to, and you are automatically deemed to fulfill the terms of your credit obligations. assign and transfer to us, an rights and claims (excluding tort of civil procedure or rules of evidence. Either party may submit g y' g g a request to the arbitrator to expand the scope of discovery Telephone Communications claims) that you have, had or may have against any third Party under the applicable Code. The party submitting such a We will want to communicate with you by telephone for an amount equal to the amount we credited to your request must provide a copy to the other party, who may periodically on matters ranging from servicing your account to Account. After we make such credit, you agree that without our submit objections to the arbitrator with a copy of the alerting you to special marketing offers. consent you will not pursue any claim against or objections provided to the requesting party, within fifteen (15) You authorize us to call or send a text message to you at any reimbursement from such third party for the amount that we days of receiving die requesting party's notice. The granting or number you give us or from which you call us, including credited to your Account, and that you will cooperate with us if denial of such a request will be in the sole discretion of the mobile phones. we decide to pursue the third party for the amount credited. arbitrator, who shall notify the parties of his /her decision You authorize us to make such calls using automatic :Applicable Law within twenty (20) days of the objecting party% submission. telephone dialing systems for any lawful purpose, including This Agreement and your Account, and all questions about The arbitrator shall take reasonable steps to preserve the but not limited to: suspected fraud or identity theft; Account their legality enforceability and interpretation, are governed by privacy of individuals, and of business matters. Judgment upon transactions or servicing; offers of American Express products the laws of the State of Utah (without regard to internal the award rendered by the arbitrator may he entered in any and services; and collecting on your Account. principles of conflicts of law), and by applicable federal law. We court having jurisdiction. The arbitrators decision will be final If you do not want to receive marketing offers from us you are located in Utah, hold your Account in Utah, and entered and binding, except for any right of appeal provided by the may choose not to by logging on to americanexpress.com/ into this Agreement with you in Utah. FAA. However, any party can appeal that award to a three- communications to tell us your choices. AMERICAN EXPRESS CENTURION BANK arbitrator panel administered by the same arbitration Unless you enroll to receive marketing offers via text organization, which shall consider anew any aspect of the message, we will not send them to you. initial award objected to by the appealing party. The appealing Please note, we still may contact you for account servicing To American Express fardmembers In The United States party shall have thirty (30 days from the date of entr of the b telephone or text message. and Its Territories P ty ty ) Y ry Y P This Notice for Future Use Keep - Rights Ri written arbitration award to notify the arbitration organization You authorize us to place prerecorded calls in connection Your Billing fi I that it is exercising the right of appeal. The appeal shall be filed with the status ofyour account, or security and identit theft This notice contains important information about your with the arbitration organization in the form of a dated matters. You agree to pay any fees or charges you incur for rights and our responsibilities under the "Fair Credit Billing writing. The arbitration organization will then notify the other incoming calls or text messages from us without Act." party that the award has been appealed. The arbitration reimbursement. You agree that from time to time we may Notify Us in Case of Errors or Questions About Your organization will appoint a three - arbitrator panel that will monitor and /or record telephone calls between you (or Account Statement conduct an arbitration pursuant to its Code and issue its Additional Cardmembers on your Account) and us to assure If you think your statement is wrong or if you need more decision within one hundred and twenty (120) days of the date the quality of our customer service or as required by applicable information about a transaction on your statement, write us on of the appellant's written notice. The decision of the panel shall laim a separate sheet of paper at the address for billing inquiries be by majority vote and shall be final and binding. We take appropriate steps to safeguard the privacy and listed on your statement. Write to us as soon as possible. We Location of Arbitration /Payment of Fees: Any security of account information in all of our communications must hear from you no later than 60 days after we sent you the arbitration hearing that you attend shall take place in the to you. first statement on which the error or problem appeared. You can federal judicial district of your residence. You will be Privacy Act (if 1974 Notifuation also telephone us, but doing so will not preserve your rights. responsible for paying your share, if any, of the arbitration fees In your letter, give us the following information: Agencies (including filing, administrative, hearing and/or other fees) Use of the Card at Federal Government Your name and Account number. Express has entered into contracts that enable provided by the Code, to the extent that such fees do not American The dollar amount of the suspected error. exceed the amount of the filing fees you would h the Card to be accepted at certain federal government "have incurred if .Describe the error and explain, if you can, why you i agencies ons at encies the Claim had been brought in the state or federal court d and departments ('Agencies "). As with Card transact closest commercial establishments, ou choose to use your Card believe there is an error. if you need more information, , y to your billing address that would have jurisdiction over the describe the item you arc not sure about. at an Agency, certain Charge information is necessarily' Claim. We will be responsible for paying the remainder of any If you have authorized us to pay your Account statement arbitration fees. At your written request, we will consider in collected by us. Charge information from Card transactions at automatically from your savings, checking or other account, good faith making a temporary advance of all or part of your Agencies may be used for routine uses, such as processing you can stop the payment on any amount you think is wrong. share of the arbitration fees for any Claim you initiate as to Charges and payments, billing and collections activities and To stop the payment, your letter must reach us three business which you or we seek arbitration. You will not be assessed any may be aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by days before the automatic payment is scheduled to occur. arbitration fees in excess of your share if you do not prevail in Your Rights and Our Responsibilities After We Receive an arbitration with us. Agencies are published periodically in the Federal Register. g P Y Your Written Notice Continuation: This Arbitration Provision shall survive Insurance Products Notice We must acknowledge your letter within thirty (30) days, termination of your accounts as well as voluntary payment of We identify insurance providers and products that may be the Account balance in full by you, any legal proceeding by you of interest to you. In this role we may act on behalf of the unless have corrected the error by then. Within ninety' (90) or us to collect a debt owed by the other, any bankruptcy by insurance provider, as permitted by law. We receive days, we a must either correct the error or explain why we you or us, and an sale us of our Account (and in the case compensation from insurance providers that may vary by believe the statement was correct. Y Y' 6 Y' Y P P Y ' Y After we receive your letter, the cannot try to collect any of sale, its terms shall apply to the buyer of any of your provider and product. Also, we may receive additional Account). Except as otherwise provided in the Restrictions on compensation or financial benefit when AMEX Assurance amount you question, or report you as delinquent. Arbitration provision above, if any portion of this Arbitration Company or another American Express entity acts as the continue to bill You for the amount you question, including can Provision (other than the Restrictions on Arbitration insurer or reinsurer for these products. The arrangements we Finance Charges, and we can apply any unpaid amount against your credit tine. You do not have to pay any questioned amount provision) is deemed invalid or unenforceable, it shall not have with providers, including the potential to insure or FDR 974954 4 CD25932 FDR974954 pl2:FDR815199 6/1/2009 3:19 PP Page 5 while we are investigating, but you are still obligated to pay the is the amount of the Account bill you paid or other funds Lauderdale, FL 33329 -7815 or e -mail us by clicking on the parts of your statement that are not in question. transfer you authorized, plus any applicable fees or charges. Customer Service link online at www.americanexpress.com. if we find that Ave made a mistake on your statement, you We may charge a fee of $38 for each Bieck or ACH debit Telephone: J - 800 - CASH -NOW, 24 hours a day, seven days will not have to pay any Finance Charges related to any drawn by us or our agent in connection with the Program that a week. questioned amount. l(we did not make a mistake, you may is not honored upon first presentment, subject to applicable In Case of Errors or Questions About Your Transactions have to pay Finance Charges, and you will have to make up any law Your bank may also assess its customary charge for such Write or call us at the number or address given above as missed payments on the questioned amounts. in either case, items, if any. soon as you can ifyou think your statement or receipt is wrong we will send you a statement of the amount you owe and the Dishonored Requests for Payments or i(you need more information about a transaction listed on date that it is due. If any check or ACH debit drawn by us or our agent in your statement or receipt. We must hear from you no later than If you fail to pay the amount that Ave think you owe, we may connection with the Program is not honored by your bank, we 60 days after Ave sent you the FIRST statement on which the report you as delinquent. However, if our explanation does not have the right to charge the amount of any such transaction, problem or error appeared. If you are delayed in contacting us satisfy you and you write to us within ten (10) days telling us and the dishonored payment fee referred to above, to the Card due to extenuating circumstances (such as a hospital stay), we that you still refuse to pay, we must tell anyone we report you Account or to collect the amount from you. If this happens, we may extend this 60 days for a reasonable time - to that you have a question about ycwr statement, and we must may cancel your right to participate in the Program. 1. Tell us your name and Account number. tell you the name of anyone we reported von to. We must tell For certain Bank Accounts, you may have a separate 2. Describe the error or the transaction you are unsure anyone we report you to that the matter has been settled agreement with us or with a participating bank, securities about, and explain as clearly as you can why you believe between us when it finally is. firm, or other financial institution that allows a line of credit to it is an error or why you need more information. If we do not follow these rules, we cannot collect the first be accessed in the event that your Bank Account contains 3. Tell us the dollar amount of the suspected error. $50 of the questioned amount, even if your statement was insufficient funds to make payment to us. You should refer to If you tell us orally, we may require that you send us your correct. the appropriate agreement relating to that line of credit for the complaint or question in writing within 10 business days" from Special Rule for Credit Card Purchases terms and conditions that govern its use. the date you notified us. If you have a problem with the quality of property or Liability for Unauthorized Transactions and Advisability of We will tell you the results of our investigation within 10 services that you purchased with the Card, and you have tried prompt Reporting business days' after we hear from you and we will correct any in good faith to correct the problem with the merchant, you You must tell us AT ONCE if you believe a transaction error promptly. If we need more time, however, we may take up may have the right not to pay the remaining amount due on under the Program has been made without your authorization. to 45 calendar days to investigate your complaint or question. the property or services. There are two limitations to this right: Telephoning is the best way of minimizing possible losses. If a if we decide to do this we will assure that your bank recredits (a) You must have made the purchase in your home state or, if transaction was unauthorized, and within two days after you your Bank Account within 10 business days" for the amount not within your home state, within 100 miles of your current learn about it you notify us that the transaction was you think is in error, so that you will have the use of the money mailing address; and (b) The purchase price must have been unauthorized, we will not hold you liable for that transaction. during the time it takes us to complete our investigation. if we more than $50. In any event, even if you fail to notify us, your liability for any ask you to put your complaint or question in writing and we do These limitations do not apply if we own or operate the unauthorized transaction or series of related unauthorized not receive it within 10 business days' following your oral merchant, or if we mailed you the advertisement for the transactions shall not exceed $50. if you believe that someone notification, we may not recredit your Bank Account. property or services. has transferred or may transfer money from your Bank If notification of an error is received within 30 calendar Note for Ohio Residents: The Ohio taws again! Account without permission, call: days after your Bank Account is opened, we will have 20 discrimination require that all creditors make credit equally 1- 800 -528 -4800 (within U.S.) or 1 -336 -393 -11 it (outside business days to provide you with the results of our available to all creditworthy customers, and that credit reporting U.S.) anytime, or write: American Express Credit Department, investigation and correct any error, and 90 days to complete agencies maintain separate credit histories on each individual P.O. Box 53830, Phoenix, Arizona 85072 -3830. the investigation. upon request. The Ohio Civil Rights Commission administers If we determine that there was no error, we will send you a Our Liability for Improper Transactions or Payments compliance with this law written explanation within three business days after we finish if a transaction is not completed as you have directed or if our investigation. Upon your request we will provide you with b i ," we do not complete a transfer to or from your Bank Account on copies of the documents that we used in our imesti anon. If ' +c time in the correct amount, we will research and correct it as we have provisionally recredited your Bank Account the necessary, once you advise us. We will also reimburse you for y investigation and determine that there was no error, we will your actual losses or damages, if any, caused by our error. notify you of the date on which we will redebit your Bank However, there are some exceptions. We will not be liable to Account, and the amount to be debited. You authorize us or an t 0i you in the following instances: agent to debit your Bank Account for this amount. You should I'k t t 9 f through no fault oCours, your Bank Account does not —�� make certain that your Bank Account contains sufficient funds or did not contain enough money to complete the to cover this debit. If it does nut, we have the right to charge Once You Enroll In Pay By Computer, Pay By Phone Or Any transaction or the transfer would exceed an established Other American Express Electronic Funds Transfer Service such amount to the Account or to collect the amount from you. credit limit; If this happens, we may cancel our Tight to participate in the (Hereafter The "Program'), You Will Be Subject To This PP Y Y g P P Electronic Funds Transfer Agreement (The "EFT Agreement "). if the funds in your Bank Account are o were at the time Program. of the attempted transaction subject to legal processor Scope of Agreement other encumbrance restricting the transaction; Termination This EFT Agreement covers your participation in the if circumstances beyond our control (such as fire or N9e, or any bank or financial institution participating in the Program. In this EFT Agreement, the words "you" and "your" Flood) prevent or prevented the transaction, despite Program, may add to or remove from the Program any or all refer to the Basic Cardmember and also include all Additional reasonable precautions that we have taken; ATMs or extend or limit the services provided at any location Cardmembers who have enrolled in the Program. The words if a technical malfunction known to you prevented the without notifying you beforehand. In addition, we may "we, "our" and "us" refer to American Express Travel Related transaction; discontinue the Program at any time. Services Company, Inc. The words "your American Express or any other exceptions stated in this EFT Agreement. Your right to participate in the Program will be terminated Accounts" refer to your card account governed by your or suspended if the Card Account is cancelled or suspended, if Business Day Cardmember n ember Agreement ( "Card Account ") or y other For purposes of this EFT Agreement, y reement, our business days are Y ou cancel the authorization Y ou have your bank to given American Express Accounts that we permit you to enroll in the p directly charge checks to your Bank Account, if the Bank Monday through Friday. Holidays are not included. Account from which payment will be made when Program. The words "your Bank Account" refer to the account P Yyou make rn Y held by a bank, securities firm or other financial institution Arbitration transactions under the Program is closed to withdrawal from which payment will be made when you make The Card Account is governed by the Cardmember transactions by us or our agents, if your participation in the transactions under the Program. The words "your bank" mean Agreement contained herein. The Arbitration provision Program is inactive for 18 consecutive months or more, or if the bank, securities firm or other financial institution that contained within that agreement applies to this EFT the Card Account is no longer in good standing. holds your Bank Account. The words "other options' refer to Agreement. Please refer to that provision as you read this EFT In addition to the foregoing, we may revoke your right to electronic payment transfer options and /or other cash access Agreement. participate in the Program, at any time, at our sole discretion, that American Express may make available from time to time, Privacy with or without cause, subject to applicable law. If we do so, we including the option to pay your Account bill electronically Electronic funds transfers you initiate pursuant to this EFT will send you written notice, but we may not send you the using a computer, phone or other device. Agreement are covered by the American Express Privacy notice until after the revocation. We also have the right to deny Your Account is governed by the Cardmember Agreement policy, a copy of which was given to you together with your authorization for any requested transaction, at any time, at our that is attached to this EFT Agreement. That agreement and American Express Card. To view our Privacy Policy online, sole discretion, with or without cause, and without giving you the capitalized terms in it also apply here. please visit americanexpress.com. notice, subject to applicable law. You may terminate your participation in the Program but you must do so by writing to 1 apntent for Cash Transactions blow to Contact Ls us at the address disclosed in the Section of this EFT Each time you initiate a transaction under the Program, If for any reason you wish to contact us about the Program, Agreement entitled How to Contact tls. you instruct and authorize us or our agent to draw a check or about your participation in the Program, or about transactions initiate an automated clearing house ( "ACH ") debit in your relating to the Program, write or call us as follows: Prior Agreements and Assignments name on your Bank Account, payable to us or to our agent, in Address: American Express Travel Related Services This EFT Agreement supercedes all prior agreements you the amount of the transaction. The amount of the transaction Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. may have with us relating to the Program. We have the right to FDR 974954 5 CD25932_FDR974954_p12:FDR815199 6/1/2009 3:19 PM Pace 6 I — assign this EFT Agreement to a subsidiary or affiliate company you will be compensated will not exceed the manufacturer's Purchases Not Covered at any time. suggested retail price. The following are not covered: 1. products covered by an AMERICAN EXPRESS TRAVEL RELATED SERVICES Items not eligible for a refund are: animals and living unconditional satisfaction guarantee; 2. motorized vehicles COMPANY, INC. plants; one -of -a -kind items (including antiques, artwork, and (including, but not limited to, passenger cars, trucks, furs); limited edition items; going-out-of-business sale items; motorcycles, boats, airplanes) and their parts, subject to high Note for Massachusetts Residents consumable or perishable items with limited life spans (such as risk, combustible, wear and tear or mileage stipulations General Disclosure Statement: Any documentation perfume, light bulbs, non - rechargeable batteries); jewelry (including, but not limited to, batteries, carburetors, pipes, provided to you which indicates that an electronic funds (including, but not limited to, loose gems, precious stones, hoses, pistons, brakes, tires, or mufflers); 3. motorized devices transfer was made shall be admissible as evidence of such metals, and pearls); watches; services and additional costs and their parts used for agriculture, landscaping, demolition or transfer and shall constitute prima facie proof that such (such as installation charges, warranties, shipping, or construction; 4. motorized devices and their parts which are transfer was made. memberships); rare and precious coins: used, altered, rebuilt permanent additions or fixtures to a residential or commercial The initiation by you of certain electronic funds transfers and refurbished items; custom -built items, cellular phones; building; 5. business fixtures, including, but not limited to, air from your Bank Accoum will, except as otherwise provided in pagers; compact discs; digital video discs, mini discs; conditioners, refrigerators, heaters; 6. land or buildings; 7. this EFT Agreement, effectively eliminate your ability to stop audiotapes; videotapes; computer software; firmware (such as consumable or perishable items; 8. animals or living plants; 9. payment of the transfer. console games, Nintendo, etc.); maps; books of any kind; more than one article in a pair or set. Coverage will be limited UNLESS OTHERWISE PROVIDED IN THIS EFT health care items (such as blood pressure machines and to no more than the value of any particular part or parts, AGREEMENT, YOU MAY NOT STOP PAYMENT OF diabetes equipment); formal wear; tickets of any kind; unless the articles are unusable individually and cannot be ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU motorized vehicles (such as cars, trucks, motorcycles, boats, or replaced individually, regardless of any special value they may SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR airplanes) and their parts; land and buildings; firearms; have had as part of a set or collection; 10. items still under PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED ammunition; negotiable instruments (such as promissory installment billing; 11. additional service contract or extended THAT YOU WILL NOT NEED TO STOP PAYMENT. notes, stamps and travelers checks); cash and its equivalent; warranty coverage for a computer, computer component or Disclosure of Account Information to Third Parties: if and items permanently affixed to home, office, vehicles, etc., part that you buy which already comes with an original United you give as your written authorization to disclose information (such as garage door openers, car alarms). States of America manufacturer's warranty, unless such about you, your Account or the transactions that you make to If you have any questions regarding a Return Protection coverage is provided and administered by the original any person, that authorization shall automatically expire 45 Request or the Return Protection program, please call our manufacturer; and 12. items purchased for resale, professional, days after we receive it. Customer Service Department at 1 -800- 297 -8019. or commercial use (this does not apply to OPEN Optional Limit on Obtaining Cash: You have the option Cardmembers). to request that we limit the total amount of cash that you may t ' r Genera) Provisions obtain from ATMs in a single day to $50. If you elect this option we will take all reasonable steps to comply with your The information below summarizes the terms and Excess Coverage request. conditions of the Extended Warranty plan (formerly the If any loss under this policy is insured under any other "For Massachusetts residents: 10 calendar clays instead of Buyer's Assurance Plan). Extended Warranty is underwritten valid and collectible policy, then this policy shall cover such business Jays. by AMEX Assurance Company, Administrative Office, Green loss, subject to its exclusions, conditions, provisions and other Bay, WI. Coverage is determined by the terms, conditions, and terms herein, only to the extent that the amount of such loss is t r t t exclusions of Policy AX0953 and is subject to change with in excess of the amount of such other insurance which is Return notice. This document does not supplement or replace the payable or paid. Program Description Policy. Please call us at the number on back of your Termination or Cancellation Return Protection offers you guaranteed product American Express Card for a complete copy of your terms Coverage will cease on the earliest of the following: L the satisfaction r designated items purchased entirely with an and conditions. Extended Warranty will extend the terms of date you no longer maintain a permanent residence in the 50 Express Card. If you try to return a the original manufacturer's warranty for a period of time equal United States of America, the District of Columbia, Puerto Rico eligible American r designated item nEpr Express days .rom the date et purchase and to the duration of the original manufacturer's warranty, up to or the U.S. Virgin Islands; 2. the date we determine that you or the merchant won't take 0 back, American Express will refund one (1) additional year (Centurion Cardmembets up to three someone on your behalf intentionally misrepresented or fraud (3) additional years) on warranties of five (5) years or less that occurred; 3. the date the policy is cancelled; 4. the date you are the full purchase price, up to $300 per item, excluding shipping are eligible in the United States of America. no longer a cardmember; S. the date your account ceases to be and handling, and up to a maximum of $1,000 annually per Cardmember Account. Description of ReneEsES current and in good standing; or 6. the date the plan is not How to File a Rehire Protection Request Where a loss has occurred during this plan's extended available in the location where you maintain a permanent q warranty time period of up to one (1) additional year residence. Termination or cancellation of coverage will not Once you have verified that the merchant will not accept (Centurion Cardmembers up to three (3) additional years), we prejudice any claim originating prior to termination or the designated item, call 1 -800 -297 -8019 within 90 days of the will provide a benefit equal to the coverage of the original cancellation subject to all other terms of the policy. The purchase date to notify us of your request. Within 30 days from manufacturer's warranty n warranties o a to five S ears. an has the right to cancel the policy at an time b ty of up O company P y g P cy Y y the date of your initial call, we need to receive the following: Original store receipt We will pay up to the actual amount charged to your account sending a written notice at least forty five (45) days in advance American Express Card record of charge for the product for which a loss is claimed, but not to exceed to you at your last known address The notice will include the Any other items deemed reasonable us to process $10,000. If the product also is covered by a purchased service reason for cancellation. Your request contract, this plans extended warranty time period begins at Form Numbers Once your request has been approved, you will he the end of the service contract and extends the original EW- DOC- CCSG102 /07, EW -DOC -CCSG2 02/07, EW- instructed to send the purchased item to us within 30 days. manufacturer's warranty for a period of time equal to that DOC -OSBN 1 02/07, EW -DOC -0SBN2 02/07 warranty, up to one (1) additional year (Centurion Please keep a record of your shipping statement, as you will Applicable for Residents of the State of Alaska need to provide proof of shipping in the event that your c combine e ne d d cov cov up erage a of the on three o additional years). ginal manufacturer's the warranty Form Number: PP /FW -RDR I -AK 06/07 biri designated items are not received. You are responsible for the and the purchased service contract exceed five (5) years, the Applicable for Residents in the States of Arizona and shipping and handling charges for the item. The refund – up to product purchased is not eligible under this plan and no Indiana $300 per item and up to a maximum of 51,000 per coverage applies. Extended Warranty does not reimburse for Form Numbers: EW- IND -CCSGI 07/07, EW -IND -CCSG2 Cardmember per year – will be reimbursed to you. shipping and handling expenses or installation, assembly, 07/07, EW- IND -OSBN1 07/07, EW- IND -0SBN2 07/07 Limitations professional advice, maintenance or other service charges. If Applicable for Residents of the State of Kentucky Purchases must be made in the United States and charged you experience more than one loss in a calendar year, we will Form Number: PP /EW -RDRI -KY 05/07 -In the in full on your Card. A refund will not be paid if, on the date we pay an amount not to exceed $50,000 for all losses in a Termination or Cancellation section: The company has the receive your Return Protection Request, or on the date of calendar year. Our benefit payment will not include any right to cancel the policy at any time by sending a written would -be payment, any amount on your Card Account is past product rebates, discounts or money received from the lowest notice at least seventy -five (75) days in advance to you at your due for one or more billing cycle(s) or your Card is canceled. price comparison programs that reduced the original cost of last known address. Refunds are limited to $300 per designated item, and $1,000 the property. Applicable for Residents of the State of Oklahoma annually per Cardmember Account. The item must be in "like Exclusions Form Number: PP /EW- RDRI -OK 07/07 -The following is new" condition (not visibly used or worn) and in working Benefits are not payable if the loss for which coverage is added to your Description of Coverage: WARNING: Any order to be eligible. An item is eligible if it may not be returned Sought was direct/ or indirectly, wholly or partially, by the Cardmember to the merchant from which it was g y y y l y person who knowingly, and with intent to injure, defraud or originally purchased. Any item purchased from a merchant contributed to or caused by: 1. any physical damage, deceive any insurer, makes any claim for the proceeds of an that has an established return/ satisfaction guarantee program including, but not limited to, damage as a direct result of insurance policy containing any false, incomplete or neater than or equal the terms of Return natural disaster or a power surge, except to the extent the misleading information is guilty of a felony. which is or a Protection, and than a/ t t a for claim, will not be eligible original manufacturer's warranty covers such damage; 2. Applicable for Residents of the State of Oregon provides qu g g mechanical failure covered under product recall; or 3. fraud or for a Return Protection Refund. Product rebates, discounts or Form Number EW -RDR 1 -OR 05/07 -In the Exclusions money received from lowest price comparison programs will abuse or illegal activity of any kind by the cardmember. section the following is removed: 3. fraud or abuse or illegal be deducted from the original cost of the item. The maximum activity of any kind by the cardmember; FUR 974954 6 CD25932 _F 6/1/2009 3:19 PM Page 7 Applicable for Residents of the State of South Dakota 3, participation in a riot, civil disturbance, protest or You are required to cooperate with Us and provide Form Number: PP /FXV- RDRI -SD 05/07 insurrection; documentation as requested by Us which is required and Applicable for Residents of the State of Texas 4. violation of a criminal law, offense or infraction; necessary to process Your claim and determine if benefits are Form Number: EW- IND -TX 07/07 i. natural disasters, including, but not limited to, payable. hurricanes, floods, tornados, earthquakes or any other event in For residents of Missouri, no claim will be denied based applicable for Residents of the State of Vermont the course of nature, that occurs at the same time or in separate upon Your failure to provide notice within such specified time, Form Number: PP /EW -RDR I -VT 05/07 instances; unless this failure operates to prejudice the right of Us. t P 6. fraud or abuse or illegal activity of any kind by the proof of Loss Cardmember, Proof of Loss requires You to send Us all the information °. confiscation by any governmental authority, public We request, at Your expense, in order that Your claim may be Description of Coverage authority, or customs official; evaluated and that We may make a determination as to Underwritten by AMEX Assurance Company, 8. negligent failure of a duty to care by any third party in whether the claim may be paid. You must provide Us with Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay, whose possession the property purchased by a Cardmember satisfactoy Proof of Loss within thirty (30) days (for residents WI 54304 has been temporarily placed; of North Dakota sixty (60) days) after We have provided You Purchase Protection provides coverage for Your purchases 9, not being reasonably safeguarded by You; with instructions and /or a claim form in response to Your for ninety (90) days from the date of purchase when You 10. theft from baggage not carried by hand and under Your Notice of Claim or Your claim may be denied. Your Proof of charge any portion of the price of the purchased item to Your personal supervision or under the supervision of a traveling Loss documentation may be mailed to Us at the same address Account. You will be reimbursed only for the amount charged companion known by You; provided above for mailing Your Notice of Claim. We reserve to Your Account. (See Description of Benefits section.) 11. damage through alteration (including, but not limited the right to request all the information We deem necessary to Definitions to, cutting, sawing and shaping); determine that Your claim is payable, and We will not consider Certain words used in this Description of Coverage are 12. normal wear and tear, inherent product defect or that We have received complete Proof of Loss until the capitalized throughout and have special meanings. Wherever manufacturer's defects or normal course of play; information We have requested is received. used herein, the singular shall include the plural, the plural 13, damage or theft while under the care and control of a Proof of Loss may require documentation consisting of, but shall include the singular, as the context requires. common carrier; not necessarily limited to, the following: Account means Your American Express Card Account. 14, food spoilage; or 1. a Purchase Protection Claim Form; Cardmember means a person who has been issued a 15, leaving property at an unoccupied construction site. 2. the original itemized store receipt; United States of America based proprietary American Express For residents of Washington, the first paragraph of this 3, the insurance declaration forms for Your other sources Card, which is Current and in Good Standing, and who has a section is removed and replaced with the following: We will of insurance or indemnity (e.g., homeowner's or renter's Permanent Residence in the 50 United States of America, the not pay for loss caused by any of the excluded events described insurance); District of Columbia, Puerto Rico or the U.S. Virgin Islands. below. Loss will be considered to have been caused by an 4, a photograph of and /or repair estimate for the damaged Covered Incident means the theft of, or damage, whether excluded event if the occurrences of that event directly and property; and by accident or vandalism, to any one item of property solely results in loss, or initiates a sequence of events that result 5. for theft and vandalism claims, a report regarding the purchased worldwide as a gift or for personal or business use in loss, regardless of the nature of any intermediate or final stolen or vandalized property must be filed with the and charged to Your Account. event in that sequence. appropriate authority before You call to file a claim under Company means AMEX Assurance Company, and its duly Purchases Not Covered Purchase Protection. authorized agents. 'The following purchases are not covered: No payment will be made on claims not substantiated in Current and in Good Standing means a Cardmember 1, travelers checks, tickets of any kind, negotiable the manner required by Us. Account for which the monthly minimum requirement has instruments (including, but not limited to, gift certificates, gift If all required documentation is not received within thirty been paid prior to the date in which the claim is payable. cards and gift checks), cash or its equivalent; (30) days (for residents of North Dakota sixty (60) days) of the Master Policyholder means American Express Travel 2, animals or living plants; date of the Covered Incident (except for documentation which Related Services Company, Inc. 3. rare stamps or coins; has not been furnished for reasons beyond Your control), Permanent Residence means the one primary dwelling 4. consumable or perishable items with limited life spans coverage may be denied. It is Your responsibility to provide all place where the Cardmember resides and to which they intend (including, but not limited to, perfume, light bulbs, batteries); required documentation We request. to return. i. antique or previously owned items; You may be required to send in the damaged property at Plan means the Policy and the benefits described therein. 6. motorized vehicles and watercraft, aircraft, and Your expense for further evaluation of Your claim. If Platinum Cardmember means a Cardmember who has a motorcycles or their motors, equipment, parts or accessories; requested, You must send in the damaged property within Platinum Charge Card (required to be paid in full monthly), a 7, stolen or damaged property consisting of articles in a thirty (30) days (for residents of North Dakota sixty (60) days) Corporate Platinum Card, or a Fidelity American Express pair or set. Coverage will be limited to no more than the value from the date of Our request to remain eligible for coverage. Platinum Card. Any other Card which may reference the of any particular part or parts, unless the articles are unusable Payment of Claim Platinum name or has Platinum colored plastic will not receive individually and cannot be replaced individually, regardless of A claim for benefits provided by this Plan will be paid upon higher coverage limits or benefits. any special value they may have had as part of a set or Our receipt and review of Your complete Proof of Loss Policy means the Group Insurance Master Policy (AX0951 collection; documentation and Our determination that a claim is payable issued to American Express Travel Related Services Company, 8, items purchased for resale, professional, or commercial according to the terms of the Plan. Inc.). use; Any payment made by Us in good faith pursuant to this or We, L's, Our means the Company. 9, permanent household and /or business fixtures, any other provision of this Plan will fully discharge Us to the You, Your means the Cardmember. including, but not limited to, carpeting, flooring and /or tile; extent of such payment. Description of Benefits 10. business fixtures, including, but not limited to, air If other insurance is available to You which provides the We will pay You the expense charged to Your Account up to conditioners, refrigerators, heaters; and same or similar coverage as that provided by this Plan, this $1,000 for any one Covered Incident and up to $50,000 for all 11. hospital, medical and dental equipment and devices. Plan becomes excess and We will pay only that portion of the Covered Incidents during a calendar year. Purchase Protection Claims Provisions Covered Incident benefit which is not reimbursed by other provides benefits, for ninety (90) days from the date of If You experience a loss for which You believe a benefit is insurance up to Our limits, as provided under the Description purchase, if a Covered Incident occurs with respect to property payable under this Plan, You must provide both Notice of of Benefits section- You purchased and charged to Your Account. Our benefit Claim and Proof of Loss. a ment will not include shipping and handling expenses or General Provisions p ayment PP $ $ P " � To insure prompt processing of Your claim, report any theft installation, assembly, professional advice, maintenance or or damage immediately following the date of the Covered Change of Permanent Residence other service charges or any product rebates, discounts or Incident, including for gifts purchased with the Card. Retain If the change is to a different state, Your Policy provisions money received from lowest price comparison programs that Your receipts and Your damaged property (if applicable) until may be adjusted to conform to the requirements of that state. reduced the original cost of the property. the claim process is complete. Clerical Error Our payment of any eligible benefit amount is further Notice of Claim A clerical error made by the Company will not invalidate contingent upon Your Account being Current and in Good Notice of Claim should be provided to Us within thirty (30) insurance otherwise validly in force nor continue insurance Standing. not validly in force. Only a Cardmember has a legal and equitable right to any days of the loss. You may contact Us by calling toll -free insurance benefit that may be available under this Plan. stateside 1 -800- 322 -1277 or, if from overseas, by calling collect Conformity with State and Federal Law 1- 303 -273 -6498. You may also write to Us at Purchase If a Plan provision does not conform to applicable Exclusions Protection, PO Box 402, Golden, CO 80402 -0402. provisions of State or Federal law, the Plan is hereby amended Benefits are not payable if the loss for which coverage is Failure to provide Notice of Claim within thirty (30) days to comply with such law. sought was directly or indirec0 wholly or partially, will not invalidate a claim or reduce any benefit payment that Entire Contract; Representation; Change contributed to or caused by: may be found to be eligible, if it can be shown that it was This Description of Coverage, the Policy and any 1. war or any act of war, whether declared or undeclared; provided as soon as reasonably possible. At the time You applications, endorsements or riders make up the entire 2. any activity directly related to and occurring while in provide Us with Notice of Claim, We will assist You with Your contract. Any statement You make is a representation and not the service of any armed military force of any nation state Proof of Loss by providing You with instructions and /or a warranty. This Description of Coverage may be changed at recognized by the United Nations; documents, which You may have to complete and return to Us. any time by written agreement between the Master FDR 974954 7 CD25932_FDR974954 p12:FDR815199 `6/1/2009 3 :19 PM Page 8 Policyholder and the Company. Only the President, lice- advance to You at Your last known address. The notice will ninety (90) days from the date of Our request to remain eligible President or Secretary of AMEX Assurance Company may include the reason for cancellation. for coverage. change or waive the provisions of the Description of Coverage. Important Additional Information For You PP- RDRI -OR 05/07 No agent or other person may change the Description of For those eligible and enrolled in the Membership Applicable for Residents of the State of South Dakota Coverage or waive any of its terms. This Description of Rewards` program, benefits are also paid when the purchased The Legal Actions section is hereby removed in its entirety Coverage may be changed at any time by providing notice to property is received through the redemption of a Membership and replaced with the following: You. A copy of the Policy will be maintained and kept by the Rewards redemption certificate. Payment or credit will not Legal Actions Master Policyholder and may be examined at any time exceed the original assigned value of the property received No legal action may be brought to recover against this Plan Excess Coverage through redemption of a Membership Rewards redemption until sixty (60) days after Proof of Loss has been received by if any loss under this Policy is insured under any other certificate up to the stated limits, excluding shipping and Us. No such action may be brought after six (6) years from the valid and collectible policy, then this Policy shall cover such handling expenses. Benefits will not be paid when a time Proof of Loss is required to be given. loss, subject to its exclusions, conditions, provisions and other Membership Rewards redemption certificate has been PP/EW- RDRI -SD 05/07 terms herein, only to the extent that the amount of such loss is transferred to a non - eligible Cardmember or non - in excess of the amount of such other insurance which is Cardmembers. Applicable for Residents of the State of Vermont payable or paid. This Description of Coverage replaces any other In the Termination or Cancellation section the following Fraud Description of Coverage that You may have previously received is removed: if any request for benefits made under the Plan is for Purchase Protection. The Company has the right to cancel the Policy at any time determined to be fraudulent, or if any fraudulent means or This Description of Coverage is an important by sending a written notice at least forty five (45) days in document. Please read it and keep it in a safe lace. advance to You at Your last known address. 7'he notice will devices are used all benefits will be forfeited. IN WITNESS WHEREOF, We have caused this Description You or by anyone acting on Your behalf to P include the reason for cancellation. obtain benefits, all of Coverage to be signed by Our officers: And replaced with the following: We do not provide coverage to a Cardmember who, g g The Company has the right to cancel the Policy by sending whether before or after a loss, has: 1. concealed or fv a written notice at least forty five (45) days in advance to You at misrepresented any fact upon which we rely, if the Your last known address. The notice will include the reason concealment or misrepresentation is material and is made with the in Joy intent to deceive; or 2. concealed or misrepresented any A. Hanson, President John M. Collins, Secretary for cancellation. fact the tact misrepresented contributes to the loss. AMEX Assurance Company AMEX Assurance Company PP /EW- RDRI -VT 05 /07 PP- DOC- CCSG102 /07 Applicable for Residents of the State of Alaska Legal Actions Applicable for Residents of the State of Kentucky The opening paragraph in the Exclusion section is No legal action may be brought to recover against this Plan In the Termination or Cancellation section the following removed in its entirety and replaced with the following which until sixty (60) days after Proof of Loss has been received by is removed: is added and made part of the Description of Coverage: Us. No such action may be brought after three (3) years (for Th Company has the right to cancel the Policy at any time These exclusions do not apply if the dominate cause of a residents of Arkansas five (5) years and residents of Missouri by sending a written notice at least forty five (45) days in loss is a risk or peril that is not otherwise excluded. Benefits ten (10) years) from the time written Proof of Loss is required advance to You at Your last known address. The notice will are not payable if the loss for which coverage is sought was to be given. include the reason for cancellation. directly or indirectly, wholly or partially, contributed to or if a time limit of this Plan is less than allowed by the laws of And replaced with the following: caused by: the state where You live, the limit is extended to meet the The Company has the right to cancel the Policy at any time The Legal Actions section is hereby removed in its entirety minimum time allowed by such law. by sending a written notice at least seventy -five (75) days in and replaced with the following which is added and made part Right of Recovery advance to You at Your last known address. The notice will of the Description of Coverage: If lVe make a payment to You under this Plan and You include the reason for cancellation. Legal Actions recover an amount from another, equal to or less than Our PP /EW -RDRI -KY 05/07 No legal action may be brought to recover against this Plan payment, You shall hold in trust for Us the proceeds of the Applicable for Residents of the State of Oregon until sixty (60) day's after Proof of Loss has been received by recovery and reimburse Us to the extent of Our payment. It Us. No such action may be brought after three (3) years from In the Exclusions section the following are removed: 4. Our payments exceed the maximum amount payable under the violation of a criminal law, offense or infraction; 6. fraud or I the time roof of Lass is required to be given. If there are any T benefits of this Plan, We have the right to recover from You any abuse or illegal activity of any kind by the Cardmember, claims the three vear timeframe does not begin to run until amount exceeding the maximum amount payable. The Proof oFLoss section is hereby removed in its entirety after the c'aim has been denied. Subrogation and replaced with the following: PP /F.11 RDRI -AK 06/07 In the event of any payment under this Policy, We shall be Proof of Loss Applicable for Residents of the State of Oklahoma subrogated to the extent of such payment to all Your rights of The following is added to your Description of Coverage: recovery. You shall execute all papers required and shall d We request, o Proof , Loss requires You to send at Your expense, in order that all the information t Your claim maybe WARNING: Any person who knowingly, and tv th intent to everything necessary to secure and preserve such rights, evaluated and that We may make a determination as to injure, defraud or deceive any insurer, makes any claim for the including the execution of such documents necessary to enable proceeds of an insurance policy containing any false, whether the Claim may be paid. You must provide Us with Us to effectively bring suit or otherwise pursue subrogation incomplete or misleading information is guilty of a felony. rights in Your name. You shall do nothing to prejudice such satisfactory' Proof of Loss within ninety (90) days after We have PP /E\4r- RDRI -OK 07/07 subro anon rights. provided You with instructions and /or a claim form in g g response to Your Notice of Claim or Your claim may be denied. The following form numbers are applicable to residents in We shall be entitled to a recovery as stated in these Your Proof of Loss documentation may be mailed to Us at the the followin g rates: provisions only alter You have been fully compensated for damages by another parry. same address provided above for mailing Your Notice of Claim. Arizona and Indiana. Form Numbers: PP- IND -CCSG I We reserve the right to request all the information We deem 07/07, PP- IND -CCSG2 07/07, PP- IND -OSBNI 07/07, PP -IND- For residents of Louisiana, the Right of Recovery, necessary to determine that Your claim is payable, and We will OSBN2 07/07 Subrogation and Excess Coverage sections are revised to not consider that We have received complete Proof of Loss Texas, Form Number: PP- IND -TX 07/07 reflect: if the Company makes any payment under this Policy until the information We have requested is received. and the Cardmember has the right to recover damages from Proof of Loss may require documentation consisting of, but another, the Company shall be subrogated to that right. not necessarily limited to, the following: 1. Purchase However, the Company's right to recover is subordinate to the Protection Claim Form; 2. the original itemized store receipt; Travel Accident Insurance is underwritten by AMEX Cardmember's right to be hilly compensated. 3. the insurance declaration forms for Your other sources of Assurance Company, Administrative Office, Green Bay, WI. Termination or Cancellation insurance or indemnity (e.g., homeowner's or renter's Coverage is determined by the terms, conditions, and Coverage will cease on the earliest of the following: 1. the insurance); 4. a photograph of and /or repair estimate for the exclusions of Policy AX0948 and is subject to change with date You no longer maintain a Permanent Residence in the 50 damaged property; and 5. or theft and vandalism claims, a notice to you. This document does not supplement or replace United States of America, the District of Columbia, Puerto Rica report regarding the stolen or vandalized property must be the Policy. Please call us at the number at 1- 800 - 437.9209 or the U.S. Virgin Islands; 2. the date We determine that You or filed with the appropriate authority before You call to file a for a complete copy of your terms and conditions or if you someone on Your behalf intentionally misrepresented or fraud claim under Purchase Protection. need to file a claim. occurred; 3. the date the Policy is cancelled; 4. the date You No payment will be made on claims not substantiated in Travel Accident Insurance provides accidental death and are no longer a Cardmember; 5. the date Your Account ceases the manner required by Us, dismemberment insurance while traveling on a Common to remain Current and in Good Standing; or 6. the date the If all required documentation is not received within ninety, Carrier Conveyance (plane, train, helicopter, ship, or bus) Plan is not available in the location where You maintain a (90) days of the date of the Covered Incident (except for when the entire fare has been charged to the Card. As a benefit Permanent Residence. documentation which has not been furnished for reasons of Cardmembership, the Covered Person will receive a benefit Termination or Cancellation of coverage will not prejudice beyond Your control), coverage may be denied. It is Your level of coverage depending on the type of American Express any claim originating prior to termination or cancellation responsibility to provide all required documentation We Card account to which the entire fare for the Common Carrier subject to all other terms of the Policy. request. Conveyance was charged for the covered trip. Covered Persons The Company has the right to cancel the Policy at any time You may be required to send in the damaged property at include the basic Cardmember, each additional Cardmember, by sending a written notice at least forty five (45) days in Your expense for further evaluation of Your claim. If and each of these Cardmember's spouses or domestic partners requested, You must send in the damaged property within and dependent children under 23 years of age. All Covered FUR 974954 S CD25932 FDR974954 p12:FDR8i5199 6/2/20C9 3:19 PM Page 9 Persons must have a permanent residence within the 50 United Termination or Cancellation Vermont, Form Number TAI - RDRI -VT 03107. in the States of American or the District of Columbia. All other Coverage under the Policy will cease on the earliest of the Exclusions section the following replaces the exclusion persons are not Covered Persons under the Policy following: regarding suicide: suicide or self - destruction or any attempt The capitalized terms used herein shall have the meaning the date the Covered Person no longer maintains a thereat, while sane; intentionally self - inflicted injury, suicide assigned to such terms in the Policy. Please note that certain permanent residence in the 50 United States of America or the or any attempt thereat, while sane. In the Exclusions section terms contained in this summary are defined within the full District of Columbia the following replaces the exclusion regarding specific policy document. • the date we determine that the Covered Person or conditions: sickness, physical infirmity, pregnancy, or any Description of Benefits someone on the Covered Persons' behalf intentionally medical or surgical treatment for such conditions, unless Accidental Death and Accidental Dismemberment. The misrepresented or fraud occurred treatment of the condition is required as the direct result of an Plan provides coverage for accidental death and • the date the policy is cancelled injury. dismemberment due to a loss from an injury while coverage is • the date the basic Cardmembers account ceases to remain II III I in force under the Policy, but only if such loss occurs within current and in good standing Car Rental Loss tl Damage 100 days after the date of the accident which caused the injury. • the date the Plan is not available in the location where the Plan If more than one loss is sustained, benefits will be paid for the Covered Person maintains a permanent residence. greatest loss- The Company has the right to cancel the Policy at any time B Description of Coverage Benefits are aid accordin to the followin schedule: by sending a written notice at least forty five (45) days in P g g advance to you at last known address. The notice will Car Rental Loss and Damage Insurance provides the a our Loss of Life - 100% Y Y Cardmember, if the Cardmember is the primary renter, (as • Loss of both hands or both feet - 100% include the reason for cancellation. defined below) with insurance coverage for damage to or theft Loss of one hand and one foot - 100% Form Numbers: TAI -DOC 03/07 of most Rental Autos when the Cardmember uses the Card (as • Loss of entire sight of both eyes -100% Forms in addition to those listed above are also g applicable to residents in the following states: described below) reserve and pay for t rental from • Loss of entire sight of on a e eye and one hand or one foot - PF g any Commercial Car Rental Company ("Rental Company ") 100% Connecticut, Form Number: TAI -RDRI -CT 03/07 other than those located in Australia, Ireland, Israel, Italy, • Loss of one hand or one foot - 50% Illinois, Form Number: TAI - RDRI -1L 03/07 • Loss of the entire sight of one eye - 50 %. Kansas, Form Number: TAi -RDR I -KS 03/07 Jamaica, and New Zealand.' This coverage is always excess g Y insurance. Common Carrier Benefit. This benefit is a able if the Maine, Form Number: TAI - RDRI -ME 03/01 P 1 r Rental Auto means afour- wheeled, two-axle passenger - Covered Person sustains accidental death or dismemberment Minnesota, Form Number: TAI - RDRI -MN 03/07. In the hype motor vehicle, designed for and sold to accommodate as a result of an accident which occurs while riding ole] Exclusions section the following replaces the exclusion g Y as a private passenger transport on public roads. passenger in, or boarding, or alighting from, or being struck by regarding illegal acts: injury in which a contributory cause was a Common Carrier Conveyance on a covered trip. the commission of or attempt to commit a felony by or on Who is Eligible for Coverage Exposure and Disappearance. If the Covered Person is behalf of the Covered Person or his beneficiaries. You are eligible for coverage if: unavoidably exposed to the elements because of an accident on Nevada, Form Number: TAI - RDRI -NV 03/07. In the L. You area Basic or Additional Cardmember and an a covered trip which results in the disappearance, sinking or Termination and Cancellation section the forty five (45) day American Express* Card or Optima` Card in association with wrecking of the common carrier conveyance, and if as a result advance written notice is replaced by a sixty (60) day advance that Card (the "Card ") has been issued to you in your name; of such exposure, the Covered Person suffers a loss for which written notice. 2. You are of an account status and class that is provided benefits are otherwise payable under the Policy, such loss will New York, Form Number TAI - RDRI -NY 03/07. Covered Car Rental Loss and Damage Insurance as a benefit of be covered under the Policy; if the Covered Person's body has Persons does not include language requiring a permanent Cardmembership ( "Cardmember "); not been found within 52 weeks after the date of such accident, residence within the 50 United States of American or the 3. Your Card account is billed from a U.S. operating center it will be presumed, subject to there being no evidence to the District of Columbia. The following replaces the exclusions in U.S. dollars; and co y, that the Covered Person suffered loss of life as a result found in the Exclusion section: 4. You maintain your Permanent Residence within the 50 of injury Covered by the Policy •suicide, attempted suicide or intentionally self- inflicted United States of America, the District of Columbia, Puerto Rico injury or the U.S. Virgin Islands. Beneficiary . war or any act of war, whether declared or undeclared; Permanent Residence means the Covered Person's one The Basic Cardmember may designate a beneficiary or participation in a felony, riot or insurrection; service in the primary dwelling place where the Covered Person permanently change a previously designated beneficiary for himself or Armed Forces or units auxiliary thereto resides and intends to return. 7 I herself and his or her spouse or domestic partner and njury in which a contributing cause was the Covered A Personal, Gold, or Rewards Plus Gold Cardmember who dependent children who are not Additional Cardmembers. An Person's commission of or attempt to commit a felony or to is enrolled at an accredited four -year college, university or Additional Cardmember may designate a beneficiary or which a contributing cause was the Covered Person's being graduate school in the United States and is receiving student change a previously designated beneficiary for himself or engaged in an illegal occupation benefits provided as a benefit of Cardmennbership is not herself and his or her spouse or domestic partner and . sickness, except for an infection that was the result of an eligible for benefits under this Policy dependent children who are not also the Basic Cardmember, Injury Commercial Car Rental Company or Car Rental the Basic Cardmembers spouse or domestic partner or mental or emotional disorder Company means any commercial car rental agency which children, or Additional Cardmembers. If no beneficiary is . pregnancy, except complications of pregnancy and except rents Rental Autos.' For the purposes of this Description of designated benefits will be paid to the surviving person or to the extent coverage is required pursuant to Section 3221 of Coverage, Commercial Car Rental company means "Rental equally to the surviving persons in the first of the following the New York Insurance Law Company." classes: spouse or domestic partner; children, equally per • the consequence of the Covered Person's being How to Activate Coverage stirpes; and the estate. intoxicated or under the influence of any narcotic unless Coverage for theft of or damage to a Rental Auto is Exclusions administered on the advice of a physician. activated when the Cardmember: The Policy contains the following exclusions: In the Termination and Cancellation section the following 1. presents his or her eligible Card to the Rental Company • suicide or self- destruction or any attempt thereat, while is removed in its entirety: the date the Covered Person no to reserve the Rental Auto by making a reservation; or by sane or insane; intentionally self - inflicted injury, suicide or any longer maintains a permanent residence in the 50 United placing a hold or deposit at the time the Rental Auto is checked attempt thereat, while sane States of America or the District of Columbia. out; • war or any act of war whether declared or undeclared; In the Termination and Cancellation section the following 2. declines the full Collision Damage Waiver or similar however, any act committed by an agent of any government, replaces the language regarding misrepresentation or fraud: option (CDW), or pays for a partial collision damage waiver, Party, or faction engaged in war, hostilities, or other warlike the date we determine that the Covered Person or someone on offered by the Rental Company; operations provided such agent is acting secretly and not in the Covered Persons' behalf intentionally misrepresented or 3. is the primary renter, which is defined as the connection with any operation of armed forces (whether fraud occurred in a written instrument signed by the Covered Cardmember, who is named on the written agreement with the military, naval or air forces) in the country where the injury Person. Rental Company as the person renting and taking control and occurs shall not be deemed an act of war North Carolina, Form Number: TAI -RDR 1 -NC 03107 possession of the Rental Auto ( "Primary Renter "); and injury to which a contributory cause was the commission Oklahoma, Form Number: TAI - RDRI -OK 03/07. in the 4. uses the Card to pay for the entire auto rental from the of or attempt to commit an illegal act by or on behalf of the Exclusions section the following replaces the exclusion Rental Company at the time of vehicle return. Covered Person or his /her beneficiaries regarding war: war or act of war, declared or undeclared, while Coverage continues in effect while the Cardmember • injury received while serving as an operator or crew serving in the military service or any auxiliary unit attached remains in control and possession of the Rental Auto. A member of any conveyance thereto. Cardmember, who is physically challenged and unable to • injury received while driving, riding as a passenger in, Texas, Form Number: TAi- RDRI -TX 03/07. Covered operate the Rental Auto, maybe the Primary Renter if he /she is boarding or alighting from a rental vehicle Persons include dependent children under 25 years of age who the Cardmember entering into the rental transaction. injury received during or as a result of commutation are stepchildren; adopted or a party to a suit to be adopted When Coverage Terminates sickness, physical or mental infirmity, pregnancy, or any children; grandchildren who are unmarried and dependent on Coverage for theft of or damage to the Rental Auto medical or surgical treatment for such conditions, unless the Cardmember for tax purposes at the time the application terminates when: treatment of the condition is required as the direct result of an for coverage is made; and physically or mentally handicapped 1. the Rental Company resumes control of the Rental injury. children who are unmarried, cannot self- support themselves, Auto, or 30 consecutive days after the Rental Auto was checked and are beyond the termination age. out, whichever is earlier; or 2. the Policy is cancelled. FDR 974954 9 I CD25932 _FDR974954_p12:FDR815199 6/1/2009 3:19 PM Paae 1 Length of Coverage S. antique cars, which means cars that are 20 years old or other locations worldwide. If the failure of a Cardmember to Car Rental Loss and Damage Insurance covers eligible have not been manufactured for 10 or more years; promptly report a loss prejudices the rights of the Insurer, the Rental Autos when rented under a written rental agreement 9. limousines; claim may be denied. from a Rental Company for no more than 30 consecutive days. 10, full -sized sport utility vehicles, including but not A representative will answer any questions a Cardmember Note: In no event shall coverage be provided when the limited to, Chevrolet /GMC Suburban, Tahoe and Yukon, Ford may have and will send the Cardmember a claim form with Cardmember rents a Rental Auto beyond 30 consecutive days Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus instructions. Complete and sign the claim form. Written proof from the same Rental Company, regardless of whether the LX450, Range Rover or full -sized Ford Bronco; of loss, which includes the claim form and all other requested original agreement is extended, or a new written agreement is 11. sportlutility vehicles when driven "off-road"; and documentation (listed below), must be received within 60 days entered into, or a new vehicle is rented. Note: Compact sport /utility vehicles, including but not following the date of the damage or theft by: American Express Additionally, no coverage will be provided when the limited to Ford Explorer, Jeep Grand Cherokee, Nissan Car Rental Loss and Damage Claims Unit, PO Box, 94729, Primary Renter rents a Rental Auto for more than 30 Patl finder, Toyota Four Runner, Chevrolet Blazer and Isuzu Cleveland, Ohio 44101 -4729. if the proof of loss and other consecutive days out of a 45 -day period within the same Trooper and Rodeo are covered when driven on paved roads. documentation is not received within 60 days of the date of geographic market/location (75 mile radius). 12. off -road vehicles, motorcycles, mopeds, recreational loss, coverage may be denied. AkThat is Covered vehicles, golfer motorized carts, campers, trailers and any Required documentation may consist of, but is not limited Car Rental Loss and Damage Insurance reimburses a other vehicle which is not a Rental Auto. to: Cardmember for payments for damage to or theft of a Rental bosses Not Covered 1. our signed and completed claim form; Auto that the Cardmember is required to make, up to the lesser Car Rental Loss and Damage Insurance does not cover 2. an itemized repair bill; of 1) the actual cost to repair the Rental Auto, 2) the wholesale losses caused by or contributed to by: 3. a copy of charge slip for the rental of the Rental Auto, Book value minus salvage and depreciation costs, or 3) the 1. operation of the Rental Auto in violation of the terms Rental Auto contract or machine generated receipt to show purchase invoice price of the Rental Auto minus salvage and and conditions of the Rental Company agreement (including rental was charged and paid for with an American Express depreciation costs. The coverage also reimburses the but not limited to losses occurring when: a person not Card; Cardmember for reasonable charges (those charges incurred at permitted to operate the vehicle pursuant to terms of the rental 4. a police report (if applicable); the closest facility that are usual and customary in the vicinity agreement was in possession or control of the vehicle; or, 5. photos of the damaged vehicle, if available; in which the loss or disablement took place) imposed by the driving the vehicle outside of the authorized rental territory); 6. a copy of the Cardmember's, authorized driver's or Rental Company, such as towing or storage and Loss of Use. 2, leased or mini- leased vehicles; employer's auto insurance coverage, or a notarized letter Loss of Use means the unavailability of a Rental Auto and 3. costs attributed to the Commercial Car Rental stating no insurance; consequent loss of revenue by the Rental Company due to Company's normal course of doing business; 7. a copy of all claim documents and correspondence, damage or theft. Unless otherwise required by law, the Rental 4. intentional damage; provided by the Car Rental Company; Company must submit a fleet utilization log indicating that 5. illegal activity, such as losses where the Rental Auto was A. a copy of the Rental Company's utilization log; during such time: used for, or involved in illegal activity or felony; 9. a copy of the driver's license of the Cardmember and /or 1. no other Rental Auto was available; and 6. pre - existing conditions, damage or defect; authorized driver, unless the driver's license number shows on 2. there was a demand for a Rental Auto. 7. alcohol intoxication on the part of the driver, as defined the rental agreement; Car Rental Loss and Damage Insurance covers no other in the state where the Accident occurred; 10. a copy of the written rental agreement, front and back, type of loss. For example, in the event of a collision involving S. voluntarily taking any drug or acting under the which documents when the Rental Auto was checked out and the Cardmember's Rental Auto, damage to any other driver's influence or effect of that drug (unless taken as prescribed or checked in; and car or the injury of anyone or anything is not covered. administered by a Doctor); 11. information pertaining to other available insurance Note: This policy does not provide liability or any other 9, war or military activity; coverage(s). coverage such as uninsured Motorists, benefits under any 10. radioactivity; Cardmember cooperation with issues related to their Worker's Compensation law, Disability benefits law or other 13. confiscation by authority; benefits is required. If all required documentation is not mandated Government Plats. 12. wear and tear, including gradual deterioration; received within 180 days of the date of loss (except for What Excess Coverage Means 13, damage which is due and confined to freezing, documentation which has not been furnished for reasons Car Rental Loss and Damage Insurance is an excess mechanical or electrical breakdown or failure unless such beyond the Cardmember's control), coverage may be denied. insurance plan. This means that this excess coverage will damage results from a theft covered by the Policy; Ilow Benefits are paid reimburse the Cardmember only for losses /expenses not 14. failure to return keys to the Rental Company when the All Car Rental Loss and Damage Insurance payments covered by plans, such as a partial collision damage waiver, any vehicle is stolen; reimbursable under the policy are payable to the Cardmember, personal auto insurance, employers auto insurance or 15. theft or damage to unsecured vehicles; except that payment may be made, at the discretion of the reimbursement plan or other sources of insurance. When these 16. theft of or damage to tires (flats or blowouts), unless Insurer, jointly to the Cardmember and the Commercial Car other plans apply, a Cardmember must first seek payment or damaged by fire, malicious mischief, vandalism, or stolen, Rental Company when the Car Rental Company has not been reimbursement and receive a determination based on the unless the loss is coincident with and from the same cause as reimbursed for the covered loss or damage, or the stated terms of such other Plans, that any such Plans do not other loss covered by the Policy; and Cardmember has not validly assigned his /her payments to the provide coverage before this excess coverage will reimburse the 1:. off -road operation of the vehicle. Rental Company or any other party. Cardmember. Car Rental Loss and Damage insurance does not cover, and Note: Benefits will not be paid if, on the date ofloss, on the benefits will not be paid for: date of claim filing, or on the date of potential claim payment, Vehicles Not Covered .1. sales tax related to repair of damages, unless any amount due on Your Card account is past due or Your Card Car Rental Loss and Damage insurance does not cover reimbursement of such sales tax is required bylaw; is cancelled.' rentals of 2, damage to any vehicle other than the Rental Auto; g Rights of Recoven 1. expensive cars, which means cars with an original 3. damage to any property other than the Rental Auto, In the event of a payment under this Policy, the Insurer is manufacturer's suggested retail price oC$50,000 or more when owner's ro er or items not permanently attached to the to a t p Y a p p ty� p } entitled all he rights of recovery that the Cardmember, to new' Rental Auto; 2. exotic cars regardless of year or value, including but not 4, the injury f anyone or anything; him whom payment was made, has against another. That limited to Chevrolet Corvette, Toyota Supra, Mazda RX -7, Y y g Cardmember must sign and deliver to the ensurer any legal 5. expenses assumed, waived or paid for by the Rental a ers relating [n that recover do whatever else is necessary P P g Y• Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 Company or its insurer, to he] the insurer exercise those rights and do nothing after GT, Nissan 300'1.X, Jaguar XJS, Acura NSX, Mercedes SL, SIX, fi. expenses enses covered b the Cardmember's personal auto p g g S Coupe and F320 Coupe and Convertible, BMW M3, 7.3 and 8 insurer, employer or employer's insurer, or authorized driver loss to harm the Insurers rights. 's Series. Cadillac Allante and all Porsche, Ferrari, Lamborghirri, insurer; When a Cardmember or Commercial Car Rental Company y Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra, has been paid damages under Policy No. AX0925, and also 7, value added tax or similar tax, unless reimbursement of recovers from another, the amount recovered from the other Bentley, Rolls Royce; such tax is required by law; shall be held b that Cardmember or Commercial Car Rental 3. trucks, pick-ups, cargo vans, custom vans; S, diminishmentofvalue: } 4. full -sized vans, including but not limited to, Ford 9, anv Rental Auto used for hire or commercial P p ur oses; Company in trust for the Insurer and reimbursed to the extent Econoline or Club Wagon, Chevy Van or Sportvan, GMC and of the Insurer's payment. Asa condition precedent to coverage, the Cardmember is Vandura and Rally, Dodge Ram Vans and Ram Wagon; 10. depreciation, unless reimbursement for depreciation is S. vehicles which have been customized or modified from any and has , duty to fully cooperate with the Insurer in required by law. sub matters or legal proceedings b the manufacturer's factory specifications except for drivers }' investi g ations, ro g anon g P g Y assistance equipment for the physically challenged; I fow to File a Claim providing copies of any and all legal notices and any and all 6. vehicles used for hire or commercial purposes; Notification of damage, including vandalism, theft, or an statements, including sworn statements and contributing any mini -vans used for commercial hire; accident must be reported to the appropriate law enforcement other papers and documents to reasonably assist in the Note: Passenger Mini -Vans (not Cargo Afini- Trans) with agency as soon as reasonably possible. This requirement disposition of the legal matter. factory specified seating capacity o(8 passengers or less, applies regardless of whether the Rental Auto is involved with Notification of Legal Action including but not limited to. Dodge Caravan, Plymouth Voyager, other vehicles. Failure to notify may result in denial of benefits. When a Cardmember is served with suit and /or summons Ford lV ndstar and Nissan Quest, are covered when rented for If a loss occurs, a Cardmember should promptly notify the papers relating to a Car Rental Loss and Damage claim, the personal or business use only. Car Rental loss and Damage Claims Unit toll free at Cardmember must notify (see address and phone number (800) 338 -1670 in the U.S. only or call (440) 914 -2950 from under Claims Notice section) and provide copies of the suit or FDR 974954 10 CD25932 FDR9749$4_p12:FCR815199 6/1/2009 3:19 PM Page 11 summons papers to the Car Rental Loss and Damage claims Under Losses Not Covered, the following item is added: unit within 15 days of when the Cardmember is served. Failure 18. The use of the Rental Auto for unlawful purposes, or for to comply may result in denial of benefits. transportation of liquor in violation of law, or while the driver Additional Information for You is under the influence of an intoxicant or a controlled This coverage is underwritten by AMEX Assurance substance or controlled substance analog, or a combination Company ( "insurer ") through insurance Policy AX0925 (the thereof, or under the influence of any other drug to a degree 'Policy') issued to American Express Travel Related Services which renders him or her incapable of safely driving, or under Company, inc. and its participating subsidiaries, affiliates and the combined influence of an intoxicant and any other drug to licensees. The Policy maybe changed or terminated. a degree which renders him or her incapable of safely driving, This Description of Coverage is an important document. or any use of the motor vehicle in a reckless manner. Please keep it in a safe place. Although it describes the present CRIDi -RDRI -WI 11/05 form of insurance as it exists at the time ofprinting, this Additional information for Residents of West Virginia document is not the Policy or contract of insurance. The Under How Benefits are Paid, the Footnote, to the note benefits described in this document are subject to all of the that reads: terms, conditions and exclusions of the Policy issued by the Note: Benefits will not be paid if, on the date of loss, on the underwriter. This document replaces any prior Description of date of claim filing, or on the date of potential claim payment, Coverage under the Policy which may have been furnished to any amount due on Your Card account is past due or your Card the Cardmember. is cancelled, is hereby revised to read as follows: Does not apply to West Virginia and New York State h INUw residents. CRLDI- RDRI -tNV 11105 Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company Additional Information for Residents of North Carolina CRLDI -DOC -CCSG 11105 A portion of the fees associated with this Card are applied 1. For those eligible and enrolled in Membership Rewards, if a to the insurance benefit. Membership Rewards redemption certificate is used, coverage is CRLDI - RDRI -NC 11/05 provided only to Rental Autos rented in the United States. The following form numbers are applicable to residents in 2. h%en used in conjunction with a Membership Rewards the following states: redemption cert ificate, theparticipating Car Rental Companies Arizona and Indiana, Form Numbers: CRLDI -IND -CCSG are limited to Hertz, National and Budget. 11/05; CRLDI - IND -OSBN 11105; CRLDi -iND -PLAT 11/05; 3. If eligible and enrolled in Membership Rewards, coverage is CRLDI- IND -CEN 11/05; CRLDI- IND -OSBN -PLAT 11/05; also activated when the Cardmember (I) presents a Membership CRLDI- IND -Endl 10/08 Rewards redemption certificate and (2) uses a Membership Texas, Form Numbers: CRLDI -iND- CCSG -TX 11/05; Rewards redemption certificate at aparticipating Commercial CRIDi- IND - OSBN -TX 11 /05;CRLD1- IND- PI.AT -TX 11/05; Car Rental Company. Important note for those enrolled in CRLDi -IND- CEN -TX 11/05; C.RLDi- iND -OSBN- PLAT -TX Membership Rewards: A Membership Rewards redemption 11/05. certificate can only be redeemed by eligible Cardmembers. The following is added to the policy: This polity only Benefits will not be paid when a Membership Rewards provides coverage if you decline the full Collision Damage redemption certificate has been transferred to non - eligible Waiver offered by the Rental Company. This policy is not Cardmembers and /or non - Cardmembers. automobile liability insurance and does not comply with any 4. Does not apply to New York State residents. financial responsibility law. Your personal automobile Additional Information for Residents of Louisiana insurance policy may or may not provide coverage for your The Rights of Recovery section is replaced with the responsibility for the loss of or damage to a rented vehicle `i J following: during the rental term. Before deciding whether to purchase a I T if the Company makes any payment under this Policy and damage waiver, you may wish to determine whether your the Cardmember has the right to recover damages from automobile insurance policy provides you coverage for rental another, the Company shall be subrogated to that right. Vehicle damage or loss. if you file a claim under your personal However, the Company's right to recover is subordinate to the automobile insurance policy, your insurance company may Cardmembees right to be fully compensated. choose to no renew your policy at your renewal date, but may CRLDI - RDRI -LA 11/05 do so only if you are at fault for the claim. A Termination and Cancellation section is added: Additional information for Residents of South Dakota Coverage will cease on the earliest of the following - the date Under Losses Not Covered, item number 5. is replaced von no longer maintain a permanent residence in the 50 with the following: United States of America or the District of Columbia; the date Car Rental Loss and Damage insurance does not cover we determine that you or someone on your behalf intentionally losses caused by or contributed to by: misrepresented or fraud occurred; the date we cancel the :. violation of criminal law, or commission of a criminal Policy; the date you are no longer a Cardmember; or the date act, whether cited or charged; the Policy is not available in the location where you maintain a Under Losses Not Covered, item number 7. is replaced Permanent Residence. If the Policy is cancelled, we will send with the following: written notice at least forty five (45) days in advance. lore may Car Rental Loss and Damage Insurance does not cover not cancel or non -renew this Policy based solely on the fact losses caused by or contributed to by: that you are an elected official. 7. 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; CRLDI- RDRI -SD 11105 Additional Information for Residents of Vermont Under Losses Not Covered, the following item is hereby removed: 7, alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; CRLDi- RDRI -VT 11/05 Additional Information for Residents of iVisconsin 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; 7. 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); FDR 974954 11 jCD25932 _FDR974954_pl2:FDR81S199 6/1/2009 3:19 PM Page 12 AMERICAN ©6>RE55 FDR 974954 12 (0 2009 American Express e @ Blue Cash° from American Express p. 1112 - <c"XW!2E55 RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 Blue Cash Rewards New Balance $27,179.41 as of Jan 2013 Minimum Payment Due $1,831.00 27.33 Includes the past due amount of $1,380.00 For details, please seeyour Reward Dollar Summary Payment Due Date 03!04/13 Account Summary Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $26,998.77 the Payment Due Date listed above, you may have to pay a late fee of up to Payments /Credits -$0.00 $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24 %. New Charges +$0.00 Fees +$35.00 Interest Charged +$145.64 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $27,179.41 you will pay more in interest and it will take you longer to payoff your balance. For Minimum Payment Due $1,831.00 example: Credit Limit $27,300.00 If you make no additional You will payoff the balance And you will pay an AvailableCredit $120.59 charges and each month you shown on this statement in estimated total of Pay I about... Cash Advance Limit $200.00 Only the - AvailableCash $120.59 Da in Billing s Minimum Payment Due 27 years 41,482 Y 9 Period: 28 If you would like information about credit counseling services, call 1- 888 - 733 -4139. Customer Care O Seepage 2 for important information about your account. Pay by Computer Im a mencanexpress.com /pbc Q WARNING: Your account is past due. Customer Care Pay by Phone 1- 888 - 258 -3741 1 -800- 472 -9297 See Page 7 for Important Information About Your Rewards O See Page 2 for additional information Program See Page 9 for an important Privacy Notice and the following pages for important notices about Your Billing Rights, Electronic Fund Transfer Error Resolution and a notice for WA residents. + Pleasefold on the perforation below, detach and return with your payment + ® Payment Coupon r Pay by Computer Pay by Phone AccountEnding6 -62004 Do not stapleor use paperclips amencanexpress.com /pbc 1- 800 - 472 -9297 Enteraccount numberon alldocuments. Make check payableto American Express. 1 "I" 11 "' 1 111 "11' "1 RICHARD F HEISEN Payment Due Date 807 STRATFORD DR 03/04/13 CARLISLE PA 17013 -3538 New Balance $27,179.41 Minimum Payment Due $1,831.00 1 11 1 ' 1 1 1 11111 1 11 1 "IIIII111'I�I��Irlll�l '111 " "Illllll�lr AMERICAN EXPRESS $ El • Check here if your addressor Amount Enclosed phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK NJ 07101 -1270 0000349991068012947 002717941000183100 06 d Exhibit �� e RICHARD F HEISEN Account Ending 6 -62004 p 2/12 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollarsand clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic paymentsmust be made through an electronic payment method payable in US dollarsand clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Pleasedo not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re- present to your financial institution any payment that is returned unpaid. You may pay more than the Minimum Payment Due, up to your New Balance, at anytime. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permissionto electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account num ber and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your depositor other asset account statement. If we cannot collect the funds electronically we may issue draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in doilycompounding ofinterest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advancesand (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge fee of 2.7% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Customer Care& Billing Inquiries 1- 888 -258 -3741 Hearinglmpaired Website: americanexpress.com International Collect 1- 336 - 393 -1111 M: 1-800-221-9950 Mobile Site: amexmobile.com Large Print& Braille Statements 1- 888 -258 -3741 FAX: 1-800-695-9090 Im Express Cash 1- 800 -CASH -NOW In NY: 1-800-522-1897 Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998 -1535 07101 -1270 Changeof Address If correct on front do not use. • To change your address online, visit www. americanexpress .com /updatecontactinfo Pay Your Bill with AutoPay • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care" Avoid late fees • Please print clearly in blue or black ink only in the boxes provided. Save time _.___-......._.___...._...._____._._,___..._....._._........_..__. ..._...__.,..._._...._.._._.,._ _ ___ Deduct yourpaymentfromyourbank Street address j I - account automatically each month Visit americanex ress.com /auto a City, State today to enroll. P P y ._.... __ -- .. ....... ._�. __......_._... Zip Code Area Code and Home Phone Area Code and _.�_...__._ _. __....._.__.... Work Phone qq For information on how we protect your Email ! privacy and to set your communication i and privacy choices, please visit �- —_ -, www.americanexpress.com /privacy. Blue Cash® from American Express p. 3/12 EXP RESS ES RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 Fees Amount 02/04/13 Late Payment Fee $35.00 Total Fees for this Period $35.00 Interest Charged Amount 02/07113 Interest Charge on Purchases $ 145.64 Total Interest Charged for this Period $ 14 5. 64 2013 Fees and Interest Totals Year -to -Date Amount Total F ees in 2013 $70.00 Total Interest in 2013 $305.78 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 6.99% $27,066.47 $145.51 Cash Advances 25.24% (v) $0.00 $0.00 Purchases- Penalty APR 27.24% (v) $6.19 $0.13 Total $145.64 (v) Variable Rate RICHARD F HEISEN Account Ending 6 -62004 p. 4112 kMEBltAIV p. 5/12 EXPRESS RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 [Reward Dollar Summary Total Reward Dollars as of Jan 2013 Billing Period 27.33 Beginning Reward Dollar Balance +27.35 Reward Dollars Earned" +0.00 Reward Dollars Forfeited -0.02 Total Reward Dollar Balance +27.33 "Reward Dollars Earned this period are pending until the minimumdue is paid and your account is in good standing. Base Reward Dollars As of Jan 2013 Billing Period Qualified Spend $ Reward Dollars Gasoline $0.00 @1% 0.00 Supermarket $0.00 @1% 0.00 Drugstore $0.00 @1% 0.00 Other Eligible Purchases $0.00 @0.5% 0.00 Total $0.00 0.00 Total Qualified Spend This Reward Year $808.21 Reward Dollars Forfeited Reason Reward Dollars Forfeited Date Forfeited Pending amount month forfeited 0.02 01/13/13 Important Messages Since your account was in default, you did not receive your base Reward Dollars for the billing period ending Jan 2013. RICHARD F HEISEN Account Ending 6 -62004 p. 6/12 Blue Cashm from American Express p. 7112 AMEB�tAF7 EXPRE55 RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 Important Information About Your Rewards Program With your Blue Cash from American Express Card, you earn a reward based on a percentage of the dollar amount of eligible purchases you make each billing period. On purchases in certain categories, called Everyday Purchases, you can earn a higher percentage reward. We are making changes to the Everyday Purchases on which you can earn higher percentage rewards. These changes are summarized below. Effective with billing periods beginning on or after May 1, 2013, to earn higher percentage rewards for Everyday Purchases: At supermarkets The supermarket must be located in the United States. (Superstores and warehouse clubs are not considered supermarkets.) The gas station where you purchase gasoline must be located in the United At gas stations States. (Superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations.) The drugstore must be included on our list of select major drugstores, which At drugstores is available at amedcanexpress.com /rewards -info and must be located in the United States. Please visit americanexpress.com /rewards -info for more information about rewards. We determine if purchases qualify as Everyday Purchases by using merchant codes. Each merchant is typically assigned a code based on what they primarily sell. A purchase will not qualify as an Everyday Purchase, and will not earn a higher percentage reward, if the merchant uses a code that is not eligible to qualify as an Everyday Purchase. See the changes to the Supplement to your Cardmember Agreement on the reverse side of this page. SO423 BP /BCLEGCY /0213 RICHARD F HEISEN Account Ending 6 -62004 p. 8/12 Amendment to the Supplement to the Cardmember Agreement titled "How Your Reward Program Works" Effective with your first billing period that begins on or after May 1, 2013, in the Supplement to the Cardmember Agreement that describes "How Your Rewards Program Works," the section titled "How you receive reward dollars" is deleted and replaced with the following: How you receive reward dollars You will receive Blue Cash Reward Dollars (reward dollars) for eligible purchases on your Blue Cash from American Express Card Account. The number of reward dollars you receive is based on a percentage of the dollar amount of your eligible purchases during the billing period. Eligible purchases are purchases made on your Card for goods and services minus returns and other credits. Eligible purchases do NOT include: • fees or interest charges, • balance transfers, • cash advances, • purchases of traveler's checks, • purchases or reloading of prepaid cards, or • purchases of any cash equivalents. For your first $6,500 of eligible purchases in the 12 billing periods in a row beginning with the one in which the anniversary of your Card Account occurs (reward year), you will receive a reward of 1 % on Everyday Purchases and a reward of 0.5% on all other eligible purchases. For each dollar of eligible purchases in excess of $6,500 in that same reward year, you will receive a reward of 5% on Everyday Purchases and a reward of 1 % on all other eligible purchases. Everyday Purchases are eligible purchases: • made at supermarkets located in the U.S. (superstores and warehouse clubs are not considered supermarkets) • of $400 or less of gasoline at gas stations located in the U.S. (superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations), and • made at U.S. locations of select major drugstores. (The current list of select major drugstores is available at americanexpress.com /rewards- info.) Purchases made through a third -party payment account or on an online marketplace (with multiple retailers) will not receive a higher percentage reward. Merchants are typically assigned codes and categorized based on what they primarily sell. A purchase will not receive a higher percentage reward if the merchant, or a particular merchant location, uses a code that is not eligible for a higher percentage reward. For questions about a higher percentage reward on a purchase, call the number on the back of your Card. A purchase may not receive a higher percentage reward if the merchant submits the purchase using a mobile or wireless card reader or if you use a mobile or digital wallet. Please visit americanexpress.com /rewards -info for more information about rewards. SO423 BP /BCLEGCY /0213 a� E; err Blue Cash® from American Express p 9/12 RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 Rev. 9/2012 ' WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • transaction history and account history • insurance claim history and credit history All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' s personal information; the reasons American Express chooses to share; and whether you can limit this sharing. Can: you Unift:this. sharina?: For our everyday business purposes — such as to process your transactions, maintain your account(s), Yes No respond to court orders and legal investigations, or report to credit bureaus No For our marketing purposes — Yes (but please see the "To limit to offer our products and services to you direct marketing" box below for additional privacy choices) For joint marketing with other financial companies Yes No For our affiliates' everyday business purposes — Yes No information about your transactions and experiences For our affiliates' everyday business purposes — Yes Yes information about your creditworthiness For our affiliates to market to you Yes Yes No For nonaffiliates to market to you (although we may We don't share personal share aggregated or information de- identified data) • Visit us online: www.americanexpress.com /communications or • Call us at 1- 855 - 297 -7748 - our menu will prompt you through your choices Please note: ' If you are a new customer, we can begin sharing your personal information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your personal information as described in this notice. However, you can contact us at any time to limit our sharing. We provide additional privacy choices to customers. Privacy elections you make for any one product or service may not automatically be applied to other products and services. To let us know _ if you do not want us to use your personal information to communicate with you about offers by 4 mail, telephone, and /or e-mail: • Visit us online: www.americanexpress.com /communications or • Call us at 1- 855- 297 -7748 (except for choices about e-mail communications) = Call 1- 800 -528 -4800 or go to americanexpress.com /contact. Page 1 of 2 SCP23 BP /PRVCCSG /0213 RICHARD F HEISEN Account Ending 6 -62004 p. 10/12 a Who is providing American Express Travel Related Services Company, Inc. and other American Express this notice? Affiliates that provide financial products or services, including American Express Centurion Bank, American Express Bank, FSB, and AMEX Assurance Company. ,.F How does American To protect your personal information from unauthorized access and use, we use security Express protect my measures that comply with federal law. These measures include computer safeguards personal information? and secured files and buildings. We collect your personal information, for example, when you How does American • open an account or pay your bills Express collect my • give us your income information or give us your contact information personal information? • use your credit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • sharing for affiliates' everyday business purposes — information about your Why can't I limit all creditworthiness sharing of personal • affiliates from using your information to market to you information? • sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I limit sharing for an Your choices will apply to everyone on your account. account I hold jointly with someone else? ( Companies related by common ownership or control. They can be financial and nonfinancial companies. Affiliates . Our affiliates include companies with the American Express name, including financial companies such as American Express Travel Related Services Company, Inc. and nonfinancial companies such as American Express Publishing. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card - related insurance services. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial ;companies. • Nonaffiliates with which we share personal information include service providers, including, for example, direct marketers, that perform services or functions on our behalf. Joint A formal agreement between nonaffiliated companies that together market financial products or marketing services to you. • Our joint marketing partners include financial companies. • y. 1 7 s all We may transfer personal information to other countries, for example, for customer service or to process transactions. AMEX Assurance Company customers: You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance- support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law. California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law. Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our affiliates. Page 2 of 2 SCP23 BP /PRVCCSG /0213 R Blue Cash° from American Express o p. 11112 -� RICHARD F HEISEN Closing Date 02/07/13 Account Ending 6 -62004 Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at PO Box 981535, El Paso TX 79998 -1535. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • ff we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with. your credit 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 purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at PO Box 981535, El Paso TX 79998- 1535. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. SCP23 BP /PRVCCSG /0213 RICHARD F HEISEN Account Ending 6 -62004 p. 12/12 Annual EFT Error Resolution Notice This notice is to inform you about how you should notify us of errors or questions regarding any electronic fund transfers you initiate using your American Express Card, including Express Cash transactions, or electronic payments you make to American Express using Pay By Phone, Pay By Computer, or any other American Express electronic payment service. In case of errors or questions about your Electronic Transfers, please contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. You can telephone us at 1- 800 - IPAY -AXP for Pay By Phone and Pay By Computer questions, and at 1- 800 - CASH -NOW for Express Cash and Automatic Payment questions. Alternatively, you may write to us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso, TX 79998 -1531, or contact us online at w ww. americanexpress .com /inquirycenter. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or question arose. When you contact us, please provide the following information: (1) Your name and card account number. (2) Description of the error or the transfer you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information. (3) The dollar amount of the suspected error. If you notify us by phone, we may require that you send us your complaint or question in writing within 10 business days of the call. We will determine whether an error occurred within 10 business days and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your bank account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving point -of -sale or foreign- initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have credited your bank account and there was no error, we will tell you when we will withdraw that amount from your bank account again. You authorize us to withdraw this amount from your bank account. If your bank account does not have enough funds to cover this withdrawal, we can charge the amount to your card account or collect the amount from you. If this happens, we may cancel your right to use our electronic transfer services. Notice for residents of Washington State In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your account within three working days of our receipt of the credit. SCP23 BP /PRVCCSG /0213 VERIFICATION I, Demetrios H. - Tsarouhis, Esquire, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. By: Date: April 16, 2013 Demetrios H. Tsarouhis, Esquire 130138.001 6 C.) SHERIFF'S OFFICE OF CUMBERLAND COUNTY -0= w �; r'P1 X rn-- Ronny R Anderson 2 -.c -on, Sheriff cnt ' t vim; Jody S Smith r— -, Chief Deputy >c , t _"4"4 Richard W Stewart , r Solicitor w .. rt, American Express Centurion Bank, a Utah state charted bank Case Number vs. Richard Frederick Heisen 2013-2183 SHERIFF'S RETURN OF SERVICE 04/25/2013 04:31 PM- Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Douglas Heisen, Son and Power of Attorney,who accepted as"Adult Person in Charge"for Richard Frederick Heisen at 807 Stratford Drive, Carlisle Borough, Carlisle, PA 17013. The defendant, Richard Fr- 'ck Heisen, is currently a resident of Manor Care Nursing Home located at 940 Walnut :•tto `oa.), Carlisle, PA 17013. SH N HARRISON, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, April 29, 2013 RONNT R ANDERSON, SHERIFF osc• L c. COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA Cl CIVIL ACTION—LAW � ---I w ' American Express Centurion Bank,a ' Utah state chartered bank, - � Plaintiff C TI V. No. 2013-2183 Z o `. C ---t RICHARD HEISEN, C:3 f. Defendant 130138.001 PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated,the following on the records thereof: A. 1T] The within suit is Settled, Discontinued, Ended and costs paid. 2. ❑ The within suit is Settled, Discontinued,Ended WITH Prejudice and costs paid. 3. ® The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. B. 1. ❑ Satisfaction of the Award in the within suit is acknowledged. 2. ❑ Satisfaction of Judgment,with interest and costs,in the within matter is acknowledged. C. ❑ Other: By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown,PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: June 3, 2013 _COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Centurion Bank,a Utah state chartered bank, Plaintiff V. No.2013-2183 RICHARD HEISEN, Defendant 130138.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: RICHARD HEISEN 807 STRATFORD DR CARLISLE PA 17013 By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown,PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: June 3, 2013