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HomeMy WebLinkAbout13-4773 Supreme Co a -: nsylvania COUP .C o 1nI�O ?' Pleas For Prothonotary Use Only: r C N w " ' t j Docket No: 1„ Cu e v�' ,� County `` �� ! tip 1 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 papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: American Express Centurion Bank, a Utah State Charteii. Fred Zehring T Dollar Amount Requested: Flwithin arbitration limits I Are money damages requested? 1l Yes ® No (check one) [3outside arbitration limits to N Is this a Class Action Suit? ® Yes 1l No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff /Appellant's Attorney: DEMETRIOS H TSAROUHIS 130321 ® 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 i PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. i j TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies ® Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment 13 Motor Vehicle ® Debt Collection: Other Board of Elections 4 [] Nuisance Dept. of Transportation S [3 Premises Liability Statutory Appeal: Other 13 Product Liability (does not include ® Employment Dispute: E mass tort) C Q ® Slander /Libel/ Defamation Discrimination Other: 13 Employment Dispute: Other ® Zoning Board T E3 Other: I ' ® Other: O MASS TORT ® Asbestos N 13 Tobacco ® Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E 13 Toxic Waste ® Other: ® Ejectment Common Law /Statutory Arbitration B M Eminent Domain /Condemnation ® Declaratory Judgment 0 Ground Rent 0 Mandamus l 0 Landlord /Tenant Dispute M Non- Domestic Relations — ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial ® Quo Warranto El Dental M Partition ® Replevin Mi Legal © Quiet Title ® Other: 13 Medical Other: ® Other Professional: Updated 11112011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Centurion Bank,a Utah state chartered bank Plaintiff V. No. ;; FRED ZEHRING T Defendant • r -- � - °+rte -r • 130321.001 �;. C:3 NOTICE TO DEFEND 1 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 O OLfy ! a I C A tN e 1j,yoo it o2gy30 I do hereby certify that the within is a true and correct copy oft a original filed in this action. 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. FRED ZEHRING, Defendant 130321.001/ 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,aUtah 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, FRED ZEHRING , is an adult individual resident of Pennsylvania who maintains an address at 1349 KUHN RD , BOILING SPRINGS PA 17007. 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 * * * * * * * ** *51008. 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 * * * * * * * * * * 51008,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 05/07/2010 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $4,510.70. 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 $4,510.70 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 Plaintiff s 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 $4,510.70. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $4,510.70 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 Date: July 30, 2013 130321.001 4 FDR 974934 CD 25454 (07/09) Agreement Between Amer E xpress , 1 and AMERICAN Americ 1 Ban EW�RESS Welcome to American Express Cardmembership been fraudulently used, the Card and the ExpressPay feature Cardmember that Additional Cardmembers are subject to all This document and the accompanying supplement(s) will be deactivated and another may be reissued. You agree to applicable provisions of this Agreement. constitute your Agreement. Please read and keep this use ExpressPay only in accordance with our instructions, and Billing Statements Agreement. Abide by its terms. When you keep, sign or use the you agree not to attempt to get cash with ExpressPay from any You must notify us immediately of any change in the Card issued to you (including any renewal or replacement source. You may cancel the ExpressPay feature on the Card or mailing or e-mail address to which we send billing statements Cards), or you use the account associated with this Agreement any Additional Card at any time upon notice to us by calling or notices that a billing statement has been posted ( "Billing (your `Account "), you agree to the terms of this Agreement. the number on the back of the Card. Address "). If you wish a Billing Address change to apply to The words "you; "your" and "yours" mean the person who Annual Fee more than one account you maintain with us, you must tell us. applied for the Account and the person to whom we address There is no annual fee for this Account. You agree that we may also update your Billing Address if we billing statements, as well as any person who agrees to be liable Credit Line receive information that your Billing Address has changed or is on the Account. The "Basic Cardmember" is the person who opened the Account. At your request, we may also issue a Card A portion of your credit line may be available to you for incorrect. on your Account to another person (an Additional Cash Advances up to your Cash Advance limit. We may, at any The "New Balance" appears on your billing statement. To Cardmember "). The term "Card" refers to the American time and in our sole discretion, increase and /or decrease vour determine the New Balance, we begin with the outstanding Express` Card issued to you, all other Cards issued on your credit line and Cash Advance limit. We may limit Charges at an balance on your Account at the beginning of each billing Account, and any other device (such as Account numbers and automated teller machine ('ATM ") to the lesser of (i) a total of period, called the "Previous Balance" on the billing statement. convenience checks) with which you may access your Account. $1,000 in any seven -day period, or (ii) the remaining amount We add any Charges, subtract any credits or payments credited "We : "our" and "us" refer to American Express Centurion of the Cash Advance limit on your Account; and we may as of that billing period, and make other applicable impose additional limits at our sole discretion Bank, the issuer of your Account. to addition to adjustments. P ( any limits imposed by the ATMs owner). Your billing Minimum Amount Due Using the Gard statements will show your credit line and Cash Advance limit Each billing statement will reflect a Minimum Amount You may use the Card to obtain goods and services from and the unused portions of such line and limit as of the Due. Payment is due by the time and date shown and in the any person who accepts the Card ( "Purchase(s) "). You may statement date. You agree to manage your Account so that your manner prescribed on the statement. The Minimum Amount also use the Card to obtain loans ('Cash Advances) ") through balance for Cash Advances (including fees and Finance Duce will not exceed the New Balance. You may pay more than various means we may make available (e.g., ATM machines) Charges) will not exceed the Cash Advance limit and your the Minimum Amount Due, up to the entire outstanding up to the applicable limits on your Account. At our discretion, overall balance (including fees and Finance Charges) will not balance, at any time. To calculate the Minimum Amount Due, we may permit you to transfer balances from other accounts to exceed your credit line. You agree to pay us, immediately upon we add together the following amounts, round the result to the your Account ( "Balance Transfer(s) "). At our discretion, we request, the amount of any balance on your Account in excess nearest whole dollar, and then add any amount past due: may issue convenience checks that you can use to access your of an ap credit line or limit. We reserve the right to be used on b y ou. y PP l (1) the greatest of: Account. Each convenience check may y y y decline any attempted Charge, even if the Charge would not (a) 2% of the New Balance (excluding from the New You may not use convenience checks to pay any amount you cause you to exceed your credit line or limit. Balance any any late fees or over -limit fees); owe under this Agreement or to pay any other account you We are not responsible for any losses or other consequences (b) the lesser of have with us or our affiliates. Transactions you make in if a transaction on your Account is not approved for an ° response to promotional offers from us will be subject to the y PP ) (i) current billed Finance Charges plus 1 /o the New reason, even if you have sufficient credit available. Except as Balance (excluding from the New Balance any late terms of the promotion and this Agreement. otherwise required by applicable law, we will not be fees or over -limit fees and finance charges), or All amounts charged to your Account, including Purchases, responsible if any merchant refuses to honor the Card or for (ii) 4% of the New Balance; or Cash Advances, Balance Transfers, convenience checks, annual any other problem you may have with a merchant. (c) $15; fee(s), if any, any amounts guaranteed by use of the Card, other fees, and any Finance Charges, are "Charges" A convenience Promise to Pay (2) any over -limit fees added during the billing period; and check that we identify as having been made payable to cash, to You promise to pay all Charges, including Charges incurred (3) any late fees added during the billing period. you, or to a bank, brokerage or similar asset account will be by Additional Cardmembers, on your Account. This promise Adjusted Minimum Amount Due treated as a Cash Advance. Any other convenience check includes any Charge for which you or an Additional Summary: If you consistently pay more than the and /or a Balance Transfer will be treated as a Purchase, except Cardmember indicated an intent to incur the Charge, even if Minimum Amount Due outlined above, we may calculate your as otherwise noted. If you make a Purchase or a Balance you or the Additional Cardmember have not signed a charge minimum payment without any late fees or the additional 1% Transfer, or use a convenience check, that is governed by a form or presented the Card. You also promise to pay any of the balance referenced in (1)(b)(i). If we do this, and promotional offer from us, the Charge will be included in a Charge incurred by anyone that you or an Additional finance charges are more than 2% of the balance, we may add Promotional Balance, unless we notify you otherwise. Cardmember let use the Card, even though you have agreed $15 to your minimum payment. For information about how You agree not to let any person use a Card except a not to let anyone else use the Card. this works, read the detailed description below. Cardmember whose name is on it. You agree to notify us if the Status of and Responsibility for Additional Cardmembers Detailed Description: We may adjust the outlined Card is lost or stolen, or you suspect that it is being used Additional Cardmembers do not have accounts with us. calculation above by removing the late fees in (3) and "plus 1% without your permission. You agree to use the Account only for Instead, they are authorized users on your Account, and the of the New Balance" in (1)(b)(i). In the adjusted calculation, Purchases, Cash Advances, or Balance Transfers that are lawful Cards issued to them may be cancelled by you or us at any we will exclude only the over -limit fees from the New Balance and are permitted under this Agreement. We may issue you time. You must notify us to revoke an Additional in (1)(a). After the adjustment, if (1) is equal to the current renewal or replacement Cards before a previously issued Card Cardmembers permission to use your Account. You are billed Finance Charges, we will increase your Minimum expires. responsible under this Agreement for all use of your Account Amount Due by $15. If you or an Additional Cardmember authorize a third by the Additional Cardmembers, and by anyone else you or an We will apply the adjusted calculation to your Account if: party to bill Charges on a recurring basis to your Account Additional Cardmember lets use the Card, and the Charges • the sum of your payments (credited to your Account in ( "Recurring Charge(s) "), we may (but are not required to) they incur will be billed to you. You have this responsibility the six consecutive billing periods ending with the provide such third party with your current Account status, even if you did not intend for an Additional Cardmember, or Closing Date of the current billing period) is greater than Card number and /or expiration date to permit that third party other person, to use the Card for any transactions. the sum of the Minimum Amounts Due (for the six to continue billing your Account. We may take such steps even An Additional Cardmember is not liable for Charges consecutive billing periods ending with the Closing Date if your account number changes or if we issue a renewal or incurred by the Basic Cardmember or by other Additional of the previous billing period, not using the adjusted replacement Card to you or an Additional Cardmember.'ro Cardmembers. However, by each use of the Additional Card to calculation and including the amount past due in only withdraw authorization for a Recurring Charge, you must incur Charges, the Additional Cardmember indicates his or her the first of those six periods); notify the third party. agreement to pay us for the Charge if you fail to or refuse to the sum of the Minimum Amounts Due is equal to the ExpressPay pay it, and we may, at our discretion, pursue Additional sum of your payments and it is less than or equal to $90; The Card may be equipped with the ExpressPay feature Cardmembers for payment of Charges they incur or authorize. • the sum of the Minimum Amounts Due is zero and we ( "ExpressPay "), which enables you to make Charges without You authorize us to provide Account information to Additional used the adjusted calculation in the last billing period having the Card swiped or imprinted at a participating Cardmembers and to discuss the Account with them. when your Minimum Amount Due was not zero; or merchant. ExpressPay uses a computer chip that is built into You agree to notify each Additional Cardmember, at the ]f we adjust your Minimum Amount Due, we will do so for the Card and transfers encrypted payment information time he or she becomes an Additional Cardmember, that we at least six billing periods, and if we stop adjusting your wirelessly when you hold the Card to a contactless reader, may receive, record, exchange and use information about him Minimum Amount Due, we will not adjust it again for at least Charges made with ExpressPay are as secure as other Charges or her in the same manner we do with information about you, six billing periods, regardless of your payment history. you make with the Card. ExpressPay generates a unique as described below in the Consumer Reports, Telephone Payments cryptogram to further protect your account from fraudulent Communications, and Suspension/ Cancellation sections of All payments must be sent to the payment address shown transactions. If you notify us that the Card is lost, stolen or has this Agreement. You agree to notify each Additional on your billing statement and must include the remittance 1 Exhi " " coupon from your billing statement. You must pay us in U.S. Account by its Payment Due Date. The "Review Period" is the balances. Unless we elect to use a later date, we add a Charge currency, with a single draft or check drawn on a U.S. bank and period, constituting approximately one year, of twelve to the daily balance as follows: We add a Cash Advance or payable in U.S. dollars, or with a negotiable instrument payable consecutive billing periods ending with the Closing Date of the Purchase to the appropriate daily balance as of the date of in U.S. dollars and clearable through the U.S. banking system, current billing period, whether or not you received a statement request or the transaction date 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 system. Your Account number must be D. Notwithstanding the foregoing, the DPR (and the date of first deposit. We add a Balance Transfer other than included on or with all payments. Ifwe decide to accept a corresponding APR) on all balances will increase to the Default through a convenience check to the appropriate daily balance payment made in a foreign currency, you authorize us to Rate if during the Review Period (i) payment of your as of the date of the request. We add periodic Finance Charges choose a conversion rate that is acceptable to us to convert Minimum Amount Due is not credited to your Account by the to the daily balance as described above. We add any other your remittance into U.S. currency, unless a particular rate is Payment Due Date in any two billing periods, (ii) a payment on Charge to the appropriate daily balance as of the date of the required by law. your Account is not honored by your bank or other financial transaction. Payments conforming to the above requirements that we institution, or (iii) you exceed any designated credit limit on Periodic Finance Charges are added to the outstanding receive no later than the hour specified on your billing your Account three or more times. The "Review Period" is the balance at the end of the billing period for which Finance statement will be credited to your Account as of the day period, constituting approximately one year, of twelve Charges are calculated. In any such billing period, we will received; payments conforming to the above requirements that consecutive billing periods ending with the Closing Date of the impose a minimum Finance Charge of $0.50, which will be we receive after the hour specified on your billing statement current billing period, whether or not you received a statement added to the balance with the highest APR unless, for our will be credited to your Account as of the following day. for each such billing period. If the Default Rate is applied, it convenience and in our sole discretion, we choose to add it to a Ifpayment does not conform to the requirements stated will apply to your Account for a minimum of twelve balance with a lower APR. In our sole discretion, we also may above, crediting may be delayed. If this happens, additional consecutive billing periods, beginning with the current billing round any calculations made in determining the Finance Charges may be imposed. We may accept late payments, period. The Default Rate is a DPR which corresponds to an Charges on your Account in any way that is convenient to us. partial payments or any payments marked as being payment in APR equal to the Prime Rate plus 23.99 %. Any such rounding may apply to or cause variations in your full or as being settlement of any dispute without losing any of E. The "Prime Rate' is determined once with respect to DPRs. our rights under this Agreement or under the law. Our accep- each billing period. The Prime Rate for each billing period is hate Fees tance of any such payments does not mean we agree to change the Prime Rate published in the Money Rates section (or We may assess a Late Fee if a payment of at least the this Agreement in any way. You agree that an acceptance of successor section) of The Wall Street Journal on (a) the first day Minimum Amount Due is not credited to your Account by the such payments will not operate as an accord and satisfaction of that billing period or (b) the day that is two days prior to the Payment Due Date. The amount of the Late Fee depends on the without our prior express written approval. Closing Date of that billing period, whichever is higher. In each amount of the Previous Balance on the statement on which the Subject to applicable law, we will apply and allocate case, if such a day is not a customary publication day for The Late Fee appears, as follows: payments and credits among balances and Charges on your Wall Street Journal, we will substitute the closest preceding day previous Balance )rate Fee Account in any order and manner determined by us in our sole that is a customary publication day. If The Wall Street Journal Less than $400 $19 discretion. In most cases, we will apply and allocate payments ceases or suspends publication, we may refer to the Prime Rate $400 or greater $38 first to balances at lower Annual Percentage Rates (`APRs ") published in any other newspaper of general circulation in and then to higher APR balances, and apply Purchase credits New York, New York, or we may substitute a similar reference Other Fees first to the balance from which the corresponding debit rate at our sole discretion. Any increase or decrease to an APR We may charge the following fees to your Account, subject originated. However, for servicing, administrative, systems or resulting from a change in the Prime Rate takes effect as of the to applicable law. Except as otherwise noted, these fees will be other business reasons, we may apply and allocate payments first day of the billing period. An increase in the Prime Rate added to the Purchase Balance. and credits among balances and to Charges on your Account in means that the variable APRs (and corresponding DPRs) 1. Dishonored Payments: We may charge a fee of $38 some other order or manner that we may determine in our sole applicable to your Account will increase and you may incur whenever any check, similar instrument, or electronic discretion. You agree that we have the unconditional right to higher Finance Charges and may have a higher Minimum payment order that we receive as payment on your Account is exercise this discretion in a way that is most favorable or Amount Due. not honored upon first presentment. convenient to us. If a Card is presented in connection with cashing a check at Average Daily Balance Method for Calculation of Finance an American Express Travel Service Office or other authorized Authorization for Electronic Debit to Your Checking Charges location and the check is not honored, we may charge a fee of Account We use the Average Daily Balance method to calculate $38. (We will also add a Charge to the Cash Advance balance of When you provide a check as payment, you authorize us to Finance Charges on your Account. Under this method, we your Account in the amount of the check that was not use information from your check to make an electronic fund calculate the Finance Charges on your Account by applying the honored.) transfer from your account or to process the payment as a DPR to the Average Daily Balance (as described below) 2. Copies of Statements: We may charge a fee of $5 for check transaction. if we process your check electronically, separately for each balance subject to Finance Charges. each billing period for which a copy of a billing statement is funds may be withdrawn from your bank or asset account as Different periodic rates may be used for different balances. For requested. We will not charge this fee for any request for a copy soon as the same day we receive your check. Also, if we process example, different DPRs may be applied to separate balances, of any of the billing statements for the three billing periods your check electronically, you will not receive that cancelled such as Purchase, Cash Advance, and Promotional Balances. To immediately prior to the request. check with your bank or asset account statement. get the Average Daily Balance for each balance, we (1) take the 3. Account Re- opening Fee: We may charge a re- opening Finance Charges beginning balance for each day (including unpaid Finance fee of $25 if your Account is cancelled for any reason and you A. Finance Charges begin to accrue for each Charge as of Charges from previous billing periods), (2) add any new request reinstatement and such request is honored. the date the Charge is added to the daily balance, as described transactions, debits, or fees, (3) subtract any payments or 4. Wire Transfers: We may charge a fee of $1.5 each time a below. If payment in full for any New Balance shown on the credits credited as of that day, and (4) make any appropriate wire transfer from your Account is initiated and authorized. statement for a billing period is credited to your Account by adjustments. For each day after the first day of the billing 5. Stop Payment Orders: We may charge a fee of $29 the Payment Due Date shown on that statement, then Finance period, we also add an amount (linterest equal to the previous each time we receive a request to stop payment on a Charges will not accrue for Purchases from the date on which day's daily balance multiplied by the DPR for the balance. This convenience check drawn on your Account. payment in full of that New Balance is credited to your gives us the daily balance for the particular balance for that day 6. Over -limit Fee: We may charge a fee of $35 in each Account until the end of the billing period in which such and the beginning balance for that balance for the next day. if billing period the New Balance on your statement exceeds your payment is credited to your Account. In addition, Finance this balance is negative, it is considered to be zero. Then, we credit line. Charges will not accrue for Purchases during a billing period if add up all the daily balances for each balance for the billing 7. Convenience Check Usage /Balance Transfer (a) the Previous Balance shown on the billing statement for period and divide the total by the number of days in the billing Transaction Fee: We may assess a transaction fee for each that billing period is zero or a credit balance, or (b) payment in period. This gives us the Average Daily Balance for that Balance Transfer and each convenience check drawn on your full for the New Balance, if any, shown on the statements balance. Account, as disclosed in the applicable Promotional Offer, in covering the two immediately preceding billing periods is If you multiply the Average Daily Balance for each balance the materials accompanying the convenience check, or at the credited to your Account by the respective Payment Due Dates by the number of days in the billing period and the DPR for time of the transaction. This fee is a Finance Charge and, if shown on those statements. For purposes of this paragraph, that balance, the result will be the Finance Charge assessed on assessed, will be added to the same Purchase or Cash Advance Purchases do not include Balance Transfers or convenience that balance, except for variations caused by rounding. The balance as the convenience check transaction or Balance checks. total Finance Charge for the billing period is calculated by Transfer. For convenience checks made payable to cash or to B. The Daily Periodic Rate ( "DPR") for Purchases and the adding the Finance Charges assessed on all balances of the you, a bank, brokerage or similar asset account, however, DPR for Cash Advances are each based on an APR, which may Account. This method of calculating the Average Daily Balance unless otherwise disclosed in the applicable Promotional Offer, vary. The APR for Cash Advances is the Prime Rate plus and Finance Charge results in daily compounding offinance in the materials accompanying the convenience check, or at the 17.99 %. A DPR is 1 /365th of the APR. Your DPRs and APRs for Charges. We may use mathematical formulas which produce time of the transaction, there will be a transaction fee of 3 %, Purchases appear on the accompanying supplement(s). When equivalent results to calculate the Average Daily Balance, with a minimum of $5. an APR changes, we apply it to any existing balance subject to Finance Charge, and related amounts. For example, we may 8, ATM Fee: We will impose a fee each time a Card is used that rate. utilize computer programs or other computational methods to obtain cash or any other services from an ATM. This fee will C. Notwithstanding the foregoing, unless a higher rate that are designed to produce mathematically equivalent results b 3% of the amount of the cash withdrawn or other services applies, the APR for all balances except Cash Advances will be while using fewer and /or simpler computational steps than are obtained (including any additional fee imposed for use of the equal to Prime plus 14.99% if during an Review Period an described in this Agreement. q P g Y Y At our discretion, we may exclude certain categories of ATM by its operator), with a minimum of $5. This fee will he portion of any Minimum Amount Due is not credited to your Y g added to the Cash Advance balance. debit transactions or fees from the calculation of the daily FDR 974934 2 I Suspension /Cancellation Arbitration Restrictions on Arbitration: IF EITHER PARTY ELECTS . In addition to any other actions we may take under this Purpose: This Arbitration Provision sets forth the TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM Agreement, we may suspend or cancel your Account or any circumstances and procedures under which Claims (as defined SHALL. BE ARBITRATED ON AN INDIVIDUAL BASIS. feature offered in connection with your Account, we may below) may be arbitrated instead of litigated in court. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY reduce your credit line or cash advance limit (including to a Definitions: As used in this Arbitration Provision, the CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS level below your outstanding balance), and /or we may suspend term "Claim' means any claim, dispute or controversy between OR ON BASES INVOLVING CLAIMS BROUGHT IN A or cancel the authorization of any Additional Cardmember to you and us arising from or relating to your Account, this PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF make Charges to your Account, at our sole discretion at any Agreement, the Electronic Funds Transfer Services Agreement, THE GENERAL. PUBLIC, OTHER CARDMEMBERS OR time, with or without cause, whether or not your Account is in and any other related or prior agreement that you may have OTHER PERSONS SIMILARLY SITUATED. The arbitrator's default, and without giving you notice, subject to applicable had with us, or the relationships resulting from any of the authority to resolve Claims is limited to Claims between you law. Any such action on our part will not cancel your obligation above agreements ("Agreements"), except for the validity, and us alone, and the arbitrator's authority to make awards is to pay all Charges due on your Account under the terms of this enforceability or scope of this Arbitration Provision or the limited to awards to you and us alone. Furthermore, claims Agreement in effect at the time of such action or as Agreements. For purposes of this Arbitration Provision, "you" brought by you against us, or by us against you, may not be subsequently amended, and you agree to pay us all such and "us" also includes any corporate parent, or wholly or joined or consolidated in arbitration with Claims brought by or Charges despite any such action. We may advise third parties majority owned subsidiaries, affiliates, any licensees, against someone other than you, unless agreed to in writing by who accept the Card that the Card(s) issued to you and/or predecessors, successors, assigns, any purchaser of any all parties. No arbitration award or decision will have any Additional Cardmembers have been cancelled. If we cancel the accounts, all agents, employees, directors and representatives preclusive effect as to issues or claims in any dispute with Card or it expires, you may no longer use it and you must of any of the foregoing, and other persons referred to below in anyone who is not a named party to the arbitration. destroy it or return it to us or, if we request, to a third party. If the definition of °Claims.° "Claim' includes claims of every Notwithstanding any other provision in this Agreement you want to cancel the Account or any Additional Cards, you kind and nature, including but not limited to, initial claims, (including but not limited to the Continuation provision must notify us and destroy the Card(s), counterclaims, cross- claims and third -party claims and claims below) and without waiving either party's right to appeal such If we agree to reinstate your Account after a cancellation, based upon contract, tort, fraud and other intentional torts, decision, should any portion of this Restrictions on Arbitration the new Agreement we send you (or, if we do not send you a statutes, regulations, common law and equity. "Claim' also provision be deemed invalid or unenforceable, then the entire new Agreement, this Agreement as it may be amended) will includes claims by or against any third party using or providing Arbitration Provision (other than this sentence) shall not govern your reinstated Account. When we reinstate your any product, service or benefit in connection with any account apply. Account, we may reinstate any Additional Cards issued in (including, but not limited to, credit bureaus, third parties who Arbitration Procedures: This Arbitration Provision is connection with your Account, and bill you the applicable accept the Card, third parties who use, provide or participate in made pursuant to a transaction involving interstate commerce, annual fee(s), fee -based or free benefit programs, enrollment services and and shall be governed by the Federal Arbitration Act, 9 U.S.C. Default rewards programs, credit insurance companies, debt collectors Sections 1 -16, as it may be amended (the "FAA'). The We may consider your Account to be in default at any time and all of their agents, employees, directors and arbitration shall be governed by the applicable Code, except if you fail to pay us any amount when it is due, or if you breach representatives) if and only if, such third party is named as a that (to the extent enforceable under the FAA) this Arbitration any other promise or obligation under this Agreement. co-party with you or us (or files a Claim with or against you or Provision shall control if it is inconsistent with the applicable Subject to applicable law, we may also consider your us) in connection with a Claim asserted by you or us against Code. The arbitrator shall apply applicable substantive law Account to be in default at any time if any statement made by the other. The term "Claim' is to be given the broadest possible consistent with the FAA and applicable statutes of limitations you to us in connection with this Account or any other credit meaning that will be enforced and includes, by way of example and shall honor claims of privilege recognized at law and, at program was false or misleading; if you breach any promise or and without limitation, any claim, dispute or controversy that the timely request of either party, shall provide a brief written obligation under any other agreement that you may have with arises from or relates to (a) any of the accounts created under explanation of the basis for the decision. The arbitration us or with any of our affiliates; if we receive information any of the Agreements, or any balances on any such accounts, proceeding shall not be governed by any Federal or state rules indicating that you are bankrupt, intend to file bankruptcy, or (b) advertisements, promotions or oral or written statements of civil procedure or rules of evidence. Either party may submit are unable to pay your debts as they become due; or we receive related to any such accounts, goods or services financed under a request to the arbitrator to expand the scope of discovery information leading us to conclude that you are otherwise not any of the accounts or the terms of financing, (c) the benefits under the applicable Code. The party submitting such a creditworthy. In evaluating your creditworthiness, you agree and services related to Cardmembership (including fee -based request must provide a copy to the other party, who may that we may rely on information contained in consumer or free benefit programs, enrollment services and rewards submit objections to the arbitrator with a copy of the reports, and in our discretion we may consider the amount of programs), and (d) your application for any account. We shall objections provided to the requesting party, within fifteen (15) debt you are carrying compared to your resources or any other not elect to use arbitration under the Arbitration Provision for days of receiving the requesting party s notice. The granting or ofyour credit characteristics, regardless of your performance any Claim that you properly file and pursue in a small claims denial of such a request will be in the sole discretion of the on this Account. We may also consider your Account in default court of your state or municipality so long as the Claim is arbitrator, who shall notify the parties of his /her decision in the event of your death. individual and pending only in that court. within twenty (20) days of the objecting party s submission. In the event of your default, and subject to any limitations Initiation of Arbitration Proceeding /Selection of The arbitrator shall take reasonable steps to preserve the or requirements of applicable law, we may require payment of a Administrator: Any Claim shall be resolved, upon the election privacy of individuals, and of business matters. Judgment upon portion of your outstanding balance greater than the by you or us, by arbitration pursuant to this Arbitration the award rendered by the arbitrator may be entered in any Minimum Amount Due, declare the entire amount of your Provision and the code of procedures of the national court having jurisdiction. The arbitrator's decision will be final obligations to us immediately due and payable, and /or suspend arbitration organization to which the Claim is referred in effect and binding, except for any right of appeal provided by the or cancel your Account and /or any feature that may be offered at the time the Claim is filed (the "Code "), except to the extent FAA. However, any party can appeal that award to a three - in connection with the Account. You agree to pay all the Code conflicts with this Agreement. Claims shall be arbitrator panel administered by the same arbitration reasonable costs, including reasonable attorneys' fees, incurred referred to either the National Arbitration Forum ( "NAF ") or organization, which shall consider anew any aspect of the by us (1) in connection with the collection of any amount due the American Arbitration Association ( "AAA'), as selected by initial award objected to by the appealing party. The appealing on your Account, whether or not any arbitration, litigation, or the party electing to use arbitration. If a selection by us of party shall have thirty (30) days from the date of entry of the similar proceedings are initiated; and (2) in reasonably either of these organizations is unacceptable to you, you shall written arbitration award to notify the arbitration organization protecting ourselves from any loss, harm, or risk relating to any have the right within 30 days after you receive notice of our that it is exercising the right of appeal. The appeal shall be filed default on your Account. election to select the other organization listed to serve as with the arbitration organization in the form of a dated arbitration administrator. For a copy of the procedures, to file a writing. The arbitration organization will then notify the other Transactions Made in Foreign Currencies Claim or for other information about these organizations, party that the award has been appealed. The arbitration If you incur a Charge in a foreign currency, it will be contact them as follows: organization will appoint a three - arbitrator panel that will converted into U.S. dollars on the date it is processed by us or NAF at P.O. Box 50191, Minneapolis, MN 55405; conduct an arbitration pursuant to its Code and issue its our agents. Unless a particular rate is required by applicable website: www.arbitration- forum.com. decision within one hundred and twenty (120) days of the date law, you authorize us to choose a conversion rate that is AAA at 335 Madison Avenue, New York, NY 10017; of the appellant's written notice. The decision of the panel shall acceptable to us for that date. Currently, the conversion rate we website: wwtv.adr.org. be by majority vote and shall be final and binding. use for a Charge in a foreign currency is no greater than (a) the Significance of Arbitration: IF ARBITRATION IS Location of Arbitration /Payment of Fees: Any highest official conversion rate published by a government CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, arbitration hearing that you attend shall take place in the agency, or (b) the highest interbank conversion rate identified NEITHER YOU NOR WE WILL HAVE THE RIGHT TO federal judicial district of ,your residence. You will be by us from customary banking sources, on the conversion date LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL responsible for paying your share, if any, of the arbitration fees or the prior business day, in each instance increased by 2.7 %. ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT This conversion rate may differ from rates in effect on the date (including filing, administrative, hearing and/or other fees) HAVE THE RIGHT TO PARTICIPATE IN A provided by the Code, to the extent that such fees do not of your Charge. Charges converted by establishments (such as REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY exceed the amount of the filing fees you would have incurred if airlines) will be billed at the rates such establishments use. CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM the Claim had been brought in the state or federal court closest Benefits and Services SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH to your billing address that would have jurisdiction over the Subject to applicable law, we have the right to add, modify BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL Claim. We will be responsible for paying the remainder of any or delete any benefit, service, or Feature that may accompany AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU arbitration fees. At your written request, we will consider in your Account at any time and without notice to you. OR WE WOULD HAVE IF YOU WENT TO COURT ALSO good faith making a temporary advance of all or part of your MAY NOT BE AVAILABLE IN ARBITRATION. share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will not be assessed any FDR 974934 3 arbitration fees in excess of your share if you do not prevail in Notices If we find that we made a mistake on your statement, you any arbitration with us. Any notice given by us shall be deemed given when will not have to pay any Finance Charges related to any Continuation: This Arbitration Provision shall survive deposited in the U.S. mail, postage prepaid, addressed to you at questioned amount. If we did not make a mistake, you may termination of your accounts as well as voluntary payment of the latest Billing Address shown on our records. have to pay Finance Charges, and you will have to make up any the Account balance in full by you, any legal proceeding by you Changing this Agreement /Assignment of this Agreement missed payments on the questioned amounts. In either case, or us to collect a debt owed by the other, any bankruptcy by We. may change the terms of or add new terms to this we will send you a statement of the amount you owe and the you or us, and any sale by us of your Account (and in the case Agreement at any time, in accordance with applicable law. We date that it is due. of sale, its terms shall apply to the buyer of any of your may apply any changed or new terms to any then - existing If you fail to pay the amount that we think you owe, we may Account). Except as otherwise provided in the Restrictions on balances on your Account as well as to future balances. This report you as delinquent. However, if our explanation does not Arbitration provision above, if any portion of this Arbitration written Agreement is a final expression of the agreement satisfyyou and you write to us within ten (10) days telling us Provision (other than the Restrictions on Arbitration between the creditor and the debtor and the written that you still refuse to pay, we trust tell anyone the report you provision) is deemed invalid or unenforceable, it shall not Agreement may not be contradicted by evidence of any alleged to that you have a question about your statement, and we must invalidate the remaining portions of this Arbitration Provision, oral agreement. We may also sell, transfer or assign this tell you the name of anyone we reported you to. We must tell the Agreement or any predecessor agreement you may have Agreement and the Account at any time without notice to you. anyone we report you to that the matter has been settled had with us, each of which shall be enforceable regardless of You may not sell, assign or transfer your Account or any of between us when it finally is. such invalidity. your obligations under this Agreement. Your Account may be It do not follow these rules, we cannot collect the first Waiver transferred to American Express Centurion Services $50 of the questioned amount, even if your statement was Our failure to exercise any of our rights under this Corporation if your Account is in default under the terms of correct. Agreement, our delay in enforcing any of our rights, or our this Agreement. Special Rule for Credit Card Purchases waiver of our rights on any occasion, shall not constitute a Assignment of Claims If you have a problem with the quality of property or waiver of such rights on any other occasion. In the event you dispute a Charge and we credit your services that you purchased with the Card, and you have tried Consumer Reports Account for all or part of such disputed Charge, we in good faith to correct the problem with the merchant, you You authorize us to request consumer reports about you, to automatically succeed to, and you are automatically deemed to may have the right not to pay the remaining amount due on make whatever credit investigations we deem appropriate, to assign and transfer to us, any rights and claims (excluding tort the property or services. There are two limitations to this right: obtain and exchange any information we may receive from claims) that you have, had or may have against any third party (a) You must have made the purchase in your home state or, if consumer reports and other sources, and to use such for an amount equal to the amount we credited to your not within your home state, within 100 miles of your current information for any purposes, subject to applicable law. Account. After we make such credit, you agree that without our mailing address; and (b) The purchase price must have been You authorize us to furnish information concerning your consent you will not pursue any claim against or more than $50. Account to consumer reporting agencies, or others, subject M reimbursement from such third party for the amount that we These limitations do not apply if we own or operate the applicable law. If you believe information we have furnished credited to your Account, and that you will cooperate with us if merchant, or if we mailed you the advertisement for the about your Account to a consumer reporting agency is we decide to pursue the third party for the amount credited. Property or services. inaccurate, you should write to us at: American Express Credit Applicable Law Note for Ohio Residents: The Ohio laws against Bureau Unit, P.O. Box 7871, Ft. Lauderdale, FL 33329 -7871 and This Agreement and your Account, and all questions about discrimnation require that all creditors make credit equally identify the specific information you believe is inaccurate. av cri at all creditworthy customers, and that credit reporting y their legality, enforceability and interpretation, are gove i rned by agencies maintain separate credit histories on each individual You are hereb • notified that information about your the laws of the State of Utah (without regard to internal Account that may have a negative impact on your credit record upon request. The Ohio Civil Rights Commission administers may be submitted to a credit reporting agency if you fail to Principles are located i conflicts of law), and n Utah, hold your Account nt in Utah, and entered applicable federal law We compliance with this law. fulfill the terms of your credit obligations. into this Agreement with you in Utah. Agreement Between Telephone Communications AMERICAN EXPRESS CENTURION BANK You agree that from time to time we may monitor and /or t r Cardmember r record telephone calls between you (or Additional To American Express Cardmembers In The United States American Express Cardmembers on your Account) and us to assure the quality of and Its Territories our customer service or as required by applicable law. Services Company, Concerning You authorize us to call or send a text message to you at any Your Billing Rights - Keep This Notice for Future Use Electronic number you give us or from which you call us, including This notice contains important information about your mobile phones. rights and our responsibilities under the "Fair Credit Billing Once You Enroll In Pay By Computer, Pay By Phone Or Any You authorize us to make such calls using automatic Act.' Other American Express Electronic Funds Transfer Service telephone dialing systems for any lawful purpose, including Notify Us in Case of Errors or Questions About Your (Hereafter The "Program'), You Will Be Subject To This but not limited to: suspected fraud or identity theft; Account Account Statement Electronic Funds Transfer Agreement (The "EFT Agreement") transactions or servicing; offers of American Express products If you think your statement is wrong or if you need more Scope of Agreement and services; and collecting on your Account. You authorize us information about a transaction on your statement, write us on This EFT Agreement covers your participation in the to place prerecorded calls in connection with the status of your a separate sheet of paper at the address for billing inquiries Program. In this EPT Agreement, the words "you" and "your" account, or security and identity theft matters. listed o» your statement. Write to us as soon as possible. We refer to the Basic Cardmember and also include all Additional You agree to pay any fees or charges you incur for incoming must hear from you no later than 60 days after we sent you the Cardmembers who have enrolled in the Program. The words calls or text messages from us without reimbursement. first statement on which the error or problem appeared. You can "we; "'our" and "us" refer to American Express'Fravel Related Privacy Act of 1974 Notification also telephone us, but doing so will not preserve your rights. Services Company, Inc. The words "your American Express In your letter, give us the following information: Accounts" refer to your card account governed by your Use of the Card at Federal Government Agencies Your name and Account number. Cardmember Agreement ( "Card Account ") or any other American Express has entered into contracts that enable The dollar amount of the suspected error. American Express Accounts that we permit you to enroll in the the Card to be accepted at certain federal government agencies Describe the error and explain, if you can, why you Program. The words "your Bank Account" refer to the account and departments ( "Agencies "). As with Card transactions at believe there is an error. If you need more information, held by a bank, securities firm or other financial institution commercial establishments, when you choose to use your Card describe the item you are not sure about. from which payment will be made when you make at an Agency, certain Charge information is necessarily If you have authorized us to pay your Account statement transactions under the Program. The words "your bank" mean collected by us. Charge information from Card transactions at automatically from your savings, checking or other account, the bank, securities firm or other financial institution that Agencies maybe used for routine uses, such as processing you can stop the payment on any amount you think is wrong. holds your Bank Account. The words "other options" refer to Charges and payments, billing and collections activities and To stop the payment, your letter must reach us three business electronic payment transfer options and /or other cash access may be aggregated for reporting, analysis and marketing days before the automatic payment is scheduled to occur. that American Express may make available from time to time, activities. Additional "routine uses" of Charge information by Your Rights and Our Responsibilities After We Receive including the option to pay your Account bill electronically Agencies are published periodically in the Federal Register. Your Written Notice using a computer, phone or other device. Insurance Products Notice We must acknowledge your letter within thirty (30) days, Your Account is governed by the Cardmember Agreement We identify insurance providers and products that may be unless we have corrected the error by then. Within ninety (90) that is attached to this EFT Agreement. That agreement and of interest to you. In this role we may act on behalf of the days, we must either correct the error or explain why we the capitalized terms in it also apply here. insurance provider, as permitted by law. We receive believe the statement was correct. Payment for Cash Transactions compensation from insurance providers that may vary by After we receive your letter, we cannot try to collect any Each time you initiate a transaction under the Program, provider and product. Also, we may receive additional amount you question, or report you as delinquent. We can you instruct and authorize us or our agent to draw a check or compensation or financial benefit when AMEX Assurance continue to bill you for the amount you question, including initiate an automated clearing house (ACH ") debit in your Company or another American Express entity acts as the Finance Charges, and we can apply any unpaid amount against name on your Bank Account, payable to us or to our agent, in insurer or reinsurer for these products. The arrangements we your credit line. You do not have to pay any questioned amount the amount of the transaction. The amount of the transaction have with providers, including the potential to insure or while we are investigating, but you are still obligated to pay the is the amount of the Account bill you paid or other funds reinsure products, may also influence what products and parts of your statement that are not in question. transfer you authorized, plus any applicable fees or charges. providers we identify. FDR 974934 4 We may charge a fee of $38 for each check or ACH debit Telephone: 1- 800 - CASH -NOW. 24 hours a day, seven days AMERICAN EXPRESS TRAVEL RELATED SERVICES drawn by us or our agent in connection with the Program that a week. COMPANY, INC. is not honored upon first presentment, subject to applicable In Case of Errors or Questions About Your Transactions law. Your bank may also assess its customary charge for such Write or call us at the number or address given above as Note for Massachusetts Residents items, if any. soon as you can if you think your statement or receipt is wrong General Disclosure Statement: Any documentation Dishonored Requests for Payments or if you need more information about a transaction listed on provided to you which indicates that an electronic funds 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 transfer was made shall be admissible as evidence of such connection with the Program is not honored by your bank, we 60 days after we sent you the FIRST statement on which the transfer and shall constitute prima facie proof that such have the right to charge the amount of any such transaction, problem or error appeared. If you are delayed in contacting us transfer was made. and the dishonored payment fee referred to above, to the Card due to extenuating circumstances (such as a hospital stay), we The initiation by you of certain electronic funds transfers Account or to collect the amount from you. If this happens, we may extend this 60 days for a reasonable time. from your Bank Account will, except as otherwise provided in may cancel your right to participate in the Program. 1. Tell us your name and Account number. this EFT Agreement, effectively eliminate your ability to stop For certain Bank Accounts, you may have a separate 2. Describe the error or the transaction you are unsure Payment of the transfer. agreement with us or with a participating bank, securities about, and explain as clearly as you can why you believe it is an UNLESS OTHERWISE PROVIDED IN THIS EFT firm, or other financial institution that allows a line of credit to error or why you need more information. AGREEMENT, YOU MAY NOT STOP PAYMF.N'.T' OF be accessed in the event that your Bank Account contains 3. Tell us the dollar amount of the suspected error. ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU insufficient funds to make payment to us. You should refer to If you tell us orally, we may require that you send us your SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR the appropriate agreement relating to that line of credit for the complaint or question in writing within 10 business days* from PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED terms and conditions that govern its use. the date you notified us. THAT YOU WILL NOT NEED TO STOP PAYMENT. Liability for Unauthorized'Transactions and Advisability of We will tell you the results of our investigation within 10 Disclosure of Account Information to Third Parties: If Prompt Reporting business days* after we hear from you and we will correct any you give us your written authorization to disclose information You must tell its AT ONCE if you believe a transaction error promptly. If we need more time, however, we may take up about you, your Account or the transactions that you make to under the Program has been made without your authorization. to 45 calendar days to investigate your complaint or question. any person, that authorization shall automatically expire 45 Telephoning is the best way of minimizing possible losses. If a If we decide to do this we will assure that your bank recredits days after we receive it. transaction was unauthorized, and within two days after you Your Bank Account within 10 business days* for the amount Optional Limit on Obtaining Cash: You have the option learn about it y ou notify us that the transaction was you think is in error, so that you will have the use of the money to request that we limit the total amount of cash that you may unauthorized, we will not hold you liable for that transaction. during the time it takes us to complete our investigation. If we obtain from ATMs in a single day to $50. If you elect this 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 option we will take all reasonable steps to comply with your unauthorized transaction or series of related unauthorized not receive it within 10 business days* following your oral request. transactions shall not exceed $50. If you believe that someone notification, we may not recredit your Bank Account. *For Massachusetts residents: 10 calendar days instead of has transferred or may transfer money from your Bank If notification of an error is received within 30 calendar business days. Account without permission, call: 1 -800-528-4800 (within U.S.) days after your Bank Account is opened, we will have 20 business days to provide you with the results of our Return Protection or 1- 336 - 393 -1111 (outside U.S.) anytime, or write: American Y P )' Express Credit Department, P.O. Box 53830, Phoenix, Arizona investigation and correct any error, and 90 days to complete 85072 -3830. the investigation. Program Description If we determine that there was no error, we will send you a Return Protection offers you guaranteed product Our Liabilitv for Improper Transactimis or Payments written explanation within three business days after we finish satisfaction on designated items purchased entirely with an If a transaction is not completed as you have directed or if we do not complete a transfer to or from your Bank Account on our investigation. Upon your request we will provide you with eligible American Express Card. If you try to return a copies of the documents that we used in our investigation. If designated item within 90 days from the date of purchase and time in the correct amount, we will research and correct it as we have provisionally recredited your Bank Account during the the merchant won't take it back, American Express will refund necessary, once you advise us. We will also reimburse you for investigation and determine that there was no error, we will the full purchase price, up to $300 per item, excluding shipping your actual losses or damages, if any, caused by our error. notify you of the date on which we will redebit your Bank and handling, and up to a maximum of $1,000 annually per However, there are some exceptions. We will not be liable to Account, and the amount to be debited. You authorize us or an Cardmember Account. you in the following instances: agent to debit your Bank Account for this amount. You should FIow to File a Return Protection Request • if, through no fault of ours, your Bank Account does not make certain that your Bank Account contains sufficient funds Once you have verified that the merchant will not accept or did not contain enough money to complete the to cover this debit. If it does not, we have the right to charge the designated item, call 1 -800- 297 -8019 within 90 days of the transaction or the transfer would exceed an established such amount to the Account or to collect the amount from you. purchase date to notify us of your request. Within 30 days from credit limit; If this happens, we may cancel your right to participate in the the date of your initial call, we need to receive the followin if the funds in your Bank Account are or were at the time pro g Program. of the attempted transaction subject to legal process or g •Original store receipt other encumbrance restricting the transaction; Termination American Express Card record of charge • if circumstances beyond our control (such as fire or We, or any bank or financial institution participating in the Any other items deemed reasonable by us to process flood) prevent or prevented the transaction, despite Program, may add to or remove from the Program any or all your request reasonable precautions that we have taken; ATMs or extend or limit the services provided at any location Once your request has been approved, you will be • if a technical malfunction known to you prevented the without notifying you beforehand. In addition, we may instructed to send the purchased item to us within 30 days. transaction; discontinue the Program at any time. Please keep a record of your shipping statement, as you will • or any other exceptions stated in this EFT Agreement. Your right to participate in the Program will be terminated need to provide proof of shipping in the event that your or suspended if the Card Account is cancelled or suspended, if designated items are not received. You are responsible for the Business Day you cancel the authorization you have given your bank to shipping and handling charges for the item. The refund — up to For purposes of this L'F"1' Agreement, our business days are directly charge checks to your Bank Account, if the Bank $300 per item and up to a maximum of $1,000 per Monday through Friday. Holidays are not included. Account from which payment will be made when you make Cardmember per year — will be reimbursed to you. Arbitration transactions under the Program is closed to withdrawal Limitations The Card Account is governed by the Cardmember transactions by us or our agents, if your participation in the Purchases must be made in the United States and charged Agreement contained herein. The Arbitration provision Program is inactive for 18 consecutive months or more, or if in full on your Card. A refund will not be paid if, on the date we contained within that agreement applies to this EFT the Card Account is no longer in good standing. receive your Return Protection Request, or on the date of Agreement. Please refer to that provision as you read this EFT In addition to the foregoing, we may revoke your right to would -be payment, any amount on your Card Account is past Agreement, participate in the Program, at any time, at our sole discretion, due for one or more billing cycle(s) or your Card is canceled. Privacy with or without cause, subject to applicable law. If we do so, we Refunds are limited to $300 per designated item, and $1,000 Electronic funds transfers you initiate pursuant to this EFT will send you written notice, but we may not send you the annually per Cardmember Account. The item must be in "like Agreement are covered by the American Express Privacy notice until after the revocation. We also have the right to deny new" condition (not visibly used or worn) and in working Policy, a copy of which was given to you together with your authorization for any requested transaction, at any time, at our order to be eligible. An item is eligible if it may not be returned American Express Card. To view our Privacy Policy online, sole discretion, with or without cause, and without giving you by the Cardmember to the merchant from which it was please visit americanexpress.com. notice, subject to applicable law. You may terminate your originally purchased. Any item purchased from a merchant IIow to Contact Us participation in the Program but you must do so by writing to that has an established return/ satisfaction guarantee program If for any reason you wish to contact us about the Program, uss at the address disclosed in the Section of this EFT which is greater than or equal to the terms of Return about your participation in the Program, or about transactions Agreement entitled How to Contact Us. Protection, and provides coverage for claim, will not be eligible relating to the Program, write or call us as follows: Prior Agreements and Assignments for a Return Protection Refund. Product rebates, discounts or Address: American Express Travel Related Services This EFT Agreement supercedes all prior agreements you money received from lowest price comparison programs will Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. may have with us relating to the Program. We have the right to be deducted from the original cost of the item. The maximum Lauderdale, FL 33329 -7815 or e-mail us by clicking on the assign this EFT Agreement to a subsidiary or affiliate company you will be compensated will not exceed the manufacturers Customer Service link online at www.americanexpress.com. at any time. suggested retail price. FDR 974934 5 items not eligible for a refund are: animals and living motorcycles, boats, airplanes) and their parts, subject to high Applicable for Residents of the State of Vermont plants; one -of -a -kind items (including antiques, artwork, and risk, combustible, wear and tear or mileage stipulations Form Number: PP /EW- RDRI -VT 05/07 furs); limited edition items; going - out -of- business sale items; (including, but not limited to, batteries, carburetors, pipes, consumable or perishable items with limited life spans (such as hoses, pistons, brakes, tires, or mufflers); 3. motorized devices Purchase Protection perfume, light bulbs, non- rechargeable batteries); jewelry and their parts used for agriculture, landscaping, demolition or (including, but not limited to, loose gems, precious stones, construction; 4. motorized devices and their parts which are Description of Coverage metals, and pearls); watches; services and additional costs permanent additions or fixtures to a residential or commercial Underwritten by AMEX Assurance Company, (such as installation charges, warranties, shipping, or building; 5. business fixtures, including, but not limited to, air Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay, memberships); rare and precious coins; used, altered, rebuilt conditioners, refrigerators, heaters; 6. land or buildings; 7. WI 54304 and refurbished items; custom -built items, cellular phones; consumable or perishable items; 8. animals or living plants; 9. Purchase Protection provides coverage for Your purchases pagers; compact discs; digital video discs; mini discs; more than one article in a pair or set. Coverage will be limited for ninety (90) days from the date of purchase when You audiotapes; videotapes; computer software; firmware (such as to no more than the value of any particular part or parts, charge any portion of the price of the purchased item to Your console games, Nintendo, etc.); maps; books of any kind; unless the articles are unusable individually and cannot be Account. You will be reimbursed only for the amount charged health care items (such as blood pressure machines and replaced individually, regardless of any special value they may to Your Account. (See Description of Benefits section.) diabetes equipment); formal wear; tickets of any kind; have had as part of a set or collection; 10. items still under Definitions motorized vehicles (such as cars, trucks, motorcycles, boats, or installment billing; 11. additional service contract or extended Certain words used in this Description of Coverage are airplanes) and their parts; land and buildings; firearms; warranty coverage for a computer, computer component or capitalized throughout and have special meanings. Wherever ammunition; negotiable instruments (such as promissory part that you buy which already comes with an original United used notes, stamps and travelers checks); cash and its equivalent; States of America manufacturer's warranty, unless such the singular shall include the plural, the plural shall herein, , the singular, as the context requires, and items permanently affixed to home, office, vehicles, etc., coverage is provided and administered by the original Account means Your American Express Card Account. (such as garage door openers, car alarms). manufacturer; and 12. items purchased for resale, professional, Cardmember means a person who has been issued a If you have any questions regarding a Return Protection or commercial use (this does not apply to OPEN United States of America based proprietary American Express Request or the Return Protection program, please call our Cardmembers). Card, which is Current and Good Standing, and who has a Customer Service Department at 1- 800- 297 -8019. General Provisions Permanent Residence in the 50 United States ofAmerica, the Extended Excess Coverage District of Columbia, Puerto Rico or the U.S. Virgin Islands. If any loss under this policy is insured under any other Covered Incident means the theft of, or damage, whether The information below summarizes the terms and valid and collectible policy, then this policy shall cover such by accident or vandalism, to any one item of property conditions of the Extended Warranty plan (formerly the loss, subject to its exclusions, conditions, provisions and other purchased worldwide as a gift or for personal or business use Buyer's Assurance Plan). Extended Warranty is underwritten terms herein, only to the extent that the amount of such loss is and charged to Your Account. by AMEX Assurance Company, Administrative Office, Green in excess of the amount of sucli other insurance which is Company means AMEX Assurance Company, and its duly Bay, WI. Coverage is determined by the terms, conditions, and payable or paid. authorized agents. exclusions of Policy AX0953 and is subject to change with Termination or Cancellation Current and in Good Standing means a Cardmember notice. This document does not supplement or replace the Coverage will cease on the earliest of the following: I. the Account for which the monthly minimum requirement has Policy. Please call us at the number on back of your date you no longer maintain a permanent residence in the 50 been Mas as t a prior to the date which the claim is Express Travel American Express Card for a complete copy of your terms United States of America, the District of Columbia, Puerto Rico ter Policyholder means American Express Travel and conditions. Extended Warranty will extend the terms of or the U.S. Virgin Islands; 2. the date we determine that you or Related Services Company, Inc. the original manufacturer's warranty for a period of time equal someone on your behalf intentionally misrepresented or fraud Permanent Residence means the one primary dwelling to the duration of the original manufacturer's warranty, up to occurred; 3. the date the policy is cancelled; 4. the date you are Place where the Cardmember resides and to which they intend one (1) additional year (Centurion Cardmembers up to three no longer a cardmember; 5, the date your account ceases to be to return, t (3) additional years) on warranties of five (5) years or less that current and in good standing; or 6. the date the plan is not Plan means the Policy and the benefits described therein. are eligible in the United States of America. available in the location where you maintain a permanent Platinum Cardmember means a Cardmember who has a Description of Benefits residence. Termination or cancellation of coverage will not Platinum Charge Card (required to be paid in fi monthly), a an claim originating Corporate Platinum Card, or a Fidelity American Express Where a loss has occurred during this plan's extended prejudice y p rior to termination or warranty time period of up to one (1) additional year cancellation subject to all other terms of the policy. The Platinum Card. Any other Card which may reference the (Centurion Cardmembers up to three (3) additional years), we company has the right to cancel the policy at any time by Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. will provide a benefit equal to the coverage of the original sending a written notice at least forty five (45) days in advance manufacturer's warranty on warranties of up to five (5) years. to you at your last known address. The notice will include the Policy means the Group Insurance Master Policy (AX095 We will pay up to the actual amount charged to your account reason for cancellation. issued to American Express Travel Related Services Company, product for which a loss is claimed, but not to exceed Inc.). for the P Form Numbers We, Us, Our means the Company. $10,000. If the product also is covered by a purchased service EW- DOC- CCSG102 /07, EW -DOC -CCSG2 02/07, EW- You, Your means the Cardmember. contract, this plan's extended warranty time period begins at DOC -OSBNI 02/07, FW- DOC -OSBN2 02/07 the end of the service contract and extends the original Description of Benefits manufacturers warranty for a period of time equal to that Applicable for Residents of the State of Alaska We will pay You the expense charged to Your Account up to warranty, up to one (1) additional year (Centurion Form Number: PP /EW- RDRI -AK 06/07 $1,000 for any one Covered Incident and up to $50,000 for all Cardmembers up to three (3) additional years). If the Applicable for Residents in the States of Arizona and Covered Incidents during a calendar year. Purchase Protection combined coverage of the original manufacturer's warranty Indiana provides benefits, for ninety (90) days from the date of and the purchased service contract exceed five (5) years, the Form Numbers: EW- IND- CCSG107 /07, EW -IND -CCSG2 purchase, if a Covered Incident occurs with respect to property product purchased is not eligible under this plan and no 07/07, EW- IND- OSBN107 /07, EW- IND -OSBN2 07/07 You purchased and charged to Your Account. Our benefit coverage applies. Extended Warranty does not reimburse for Applicable for Residents of the State of Kentucky Payment will not include shipping and handling expenses or shipping and handling expenses or installation, assembly, Form Number: PP /EW- RDRI -KY 05 /07 -In the installation, assembly, professional advice, maintenance or professional advice, maintenance or other service charges. If Termination or Cancellation section: The company has the other service charges or any product rebates, discounts or you experience more than one loss in a calendar year, we will right to cancel the policy at any time by sending a written money received from lowest price comparison programs that pay an amount not to exceed $50,000 for all losses in a notice at least seventy -five (75) days in advance to you at your reduced the original cost of the property. calendar year. Our benefit payment will not include any last known address. Our payment of any eligible benefit amount is further product rebates, discounts or money received from the loves[ contingent upon Your Account being Current and in Good price comparison programs that reduced the original cost of AI >Flicable for Residents of the State of Oklahoma Standing. the property. Form Number: PP /EW- RDRI -OK 07/07 -The following is Only a Cardmember has a legal and equitable right to any added to your Description of Coverage: WARNING: Any insurance benefit that maybe available under this Plan. Exclusions person who knowingly, and with intent to injure, defraud or Benefits are not payable if the loss for which coverage is deceive any insurer, makes any claim for the proceeds of an Exclusions sought was directly or indirectly, wholly or partially, insurance policy containing any false, incomplete or Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. any physical damage, misleading information is guilty of a felony. including, but not limited to, damage as a direct result of contributed to or caused by: natural disaster or a power surge, except to the extent the Applicable for Residents of the State of Oregon 1. war or any act of war, whether declared or undeclared; original manufacturer's warranty covers such damage; 2. Form Number EW- RDRI -OR 05/07 -In the Exclusions 2, any activity directly related to and occurring while in mechanical failure covered under product recall; or 3. fraud or section the following is removed: 3. fraud or abuse or illegal the service of any armed military force of any nation state abuse or illegal activity of any kind by the cardmember, activity of any kind by the cardmember; recognized by the United Nations; Purchases Not Covered Applicable for Residents of the State of South Dakota 3. participation in a riot, civil disturbance, protestor The following are not covered: 1. products covered by an Form Number: PP /EW- RDRI -SD 05/07 insurrection; unconditional satisfaction guarantee; 2. motorized vehicles Applicable for Residents of the State of Texas 4. violation of a criminal law, offense or infraction; Form Number: F.W- IND -TX 07/07 5. natural disasters, including, but not limited to, (including, but not limited to, passenger cars, trucks, hurricanes, floods, tornados, earthquakes or any other event in FDR 974934 6 I the course of nature, that occurs at the same time or in separate For residents of.Missouri, no claim will be denied based Coverage or waive any of its terms. This Description of instances; upon Your failure to provide notice within such specified time, Coverage may be changed at any time by providing notice to 6. fraud or abuse or illegal activity of any kind by the unless this failure operates to prejudice the right of Us. You. A copy of the Policy will be maintained and kept by the Cardmember•, Proof of Loss Master Policyholder and may be examined at any time. 7. confiscation by any governmental authority, public Proof of Loss requires You to send Us all the information Excess Coverage authority, or customs official; We request, at Your expense, in order that Your claim may be If any loss under this Policy is insured under any other 8. negligent failure of a duty to care by any third party in evaluated and that We may make a determination as to valid and collectible policy, then this Policy shall cover such whose possession the property purchased by a Cardmember whether the claim may be paid. You must provide Us with loss, subject to its exclusions, conditions, provisions and other has been temporarily placed; satisfactory Proof of Loss within thirty (30) days (for residents terms herein, only to the extent that the amount of such loss is 9. not being reasonably safeguarded by You; with Dakota sixty (60) days) after We have provided You in excess of the amount of such other insurance which is 10. theft from baggage not carried by hand and under Your with instructions and /or a claim form in response to Your payable or paid. personal supervision or under the supervision of a traveling Notice of Claim or Your claim may be denied. Your Proof of companion known by You; Loss documentation may be mailed to U at the same address Fraud Us 11. damage through alteration (including, but not limited provided above for mailing Your Notice s Claim. W If any request for benefits made under the Plan is to, cutting, sawing and shaping); e reserve determined to be fraudulent, or if any fraudulent means or the right to request all the information We deem necessary to devices are used by You or by anyone acting on Your behalf to 12. normal wear and tear, inherent product defect or determine that Your claim is payable, and We will not consider manufacturer's defects or normal course of play; obtain benefits, all provide coverage will to forfeited. g that have received complete Proof of Loss until the We do not provide coverage to a Cardmember who, 13, damage or theft while under the care and control of a information We have requested is received. common carrier; Proof of Loss ma whether before or after a loss, has: 1. concealed or 14. food spoilage; or y require documentation consisting of, but misrepresented any fact upon which we rely, if the not necessarily limited to, the following: concealment or msure resentation is material and is made with 1,5. leaving property at an unoccupied construction site. p g paragraph I. a Purchase Protection Claim Form; For residents of Washin ton, the first of this 2. the original itemized store receipt; the intent to deceive; or 2. concealed or misrepresented any section is removed and replaced with the following: We will fact if the fad misrepresented contributes to the loss. 3, the insurance declaration forms for Your other sources not pay for loss caused by any of the excluded events described of insurance or indemnity (e.g., homeowner's or renter's Legal Actions below. Loss will be considered to have been caused by an insurance); No legal action may be brought to recover against this Plan excluded event if the occurrences of that event directly and 4, a photograph of and /or repair estimate for the damaged until sixty (60) days after Proof of Loss has been received by solely results in loss, or initiates a sequence of events that result property; and Us. No such action may be brought after three (3) years (for in loss, regardless of the nature of any intermediate or final 5. for theft and vandalism claims, a report regarding the residents of Arkansas five (5) years and residents of Missouri event in that sequence. stolen or vandalized property must be filed with the ten (10) years) from the time written Proof of Loss is required Purchases Not Covered appropriate authority before You call to file a claim under to be given. The following purchases are not covered: Purchase Protection. If a time limit of this Plan is less than allowed by the laws of 1. travelers checks, tickets of any kind, negotiable No payment will be made on claims not substantiated in the state where You live, the limit is extended to meet the instruments (including, but not limited to, gift certificates, gift the manner required by Us. minimum time allowed by such law. cards and gift checks), cash or its equivalent; If all required documentation is not received within thirty Right of Recovery 2. animals or living plants; (30) days (for residents of North Dakota sixty (60) days) of the If We make a payment to You under this Plan and You 3. rare stamps or coins; date of the Covered Incident (except for documentation which recover an amount from another, equal to or less than Our 4. consumable or perishable items with limited life spans has not been furnished for reasons beyond Your control), payment, You shall hold in trust for Us the proceeds of the (including, but not limited to, perfume, light bulbs, batteries); coverage may be denied. It is Your responsibility to provide all recovery and reimburse Us to the extent of Our payment. If 5. antique or previously owned items; required documentation We request. Our payments exceed the maximum amount payable under the 6. motorized vehicles and watercraft, aircraft, and You may be required to send in the damaged property at benefits of this Plan, We have the right to recover from You any motorcycles or their motors, equipment, parts or accessories; Your expense for further evaluation of Your claim. If amount exceeding the maximum amount payable. 7. stolen or damaged property consisting of articles in a requested, You must send in the damaged property within Subrogation pair or set. Coverage will be limited to no more than the value thirty (30) days (for residents of North Dakota sixty (60) days) In the event of any payment under this Policy, We shall be of any particular part or parts, unless the articles are unusable from the date of Our request to remain eligible for coverage. subrogated to the extent of such payment to all Your rights of individually and cannot be replaced individually, regardless of payment of Claim recovery. You shall execute all papers required and shall do any special value they may have had as part of a set or A claim for benefits provided by this Plan will be paid upon everything necessary to secure and preserve such rights, collection; Our receipt and review of Your complete Proof of Loss including the execution of such documents necessary to enable 8. items purchased for resale, professional, or commercial documentation and Our determination that a claim is payable Us to effectively bring suit or otherwise pursue subrogation use; according to the terms of the Plan. rights in Your name. You shall do nothing to prejudice such 9. permanent household and /or business fixtures, Any payment made by Us in good faith pursuant to this or subrogation rights. including, but not limited to, carpeting, flooring and /or tile; any other provision of this Plan will fully discharge Us to the We shall be entitled to a recovery as stated in these 10. business fixtures, including, but not limited to, air extent of such payment. provisions only after You have been hilly compensated for conditioners, refrigerators, heaters; and If other insurance is available to You which provides the damages by another party. 11. hospital, medical and dental equipment and devices. same or similar coverage as that provided by this Plan, this For residents of Louisiana, the Right of Recovery, Claims Provisions Plan becomes excess and We will pay only that portion of the Subrogation and Excess Coverage sections are revised to If You experience a loss for which You believe a benefit is Covered Incident benefit which is not reimbursed by other reflect: If the Company makes any payment under this Policy payable under this Plan, You must provide both Notice of insurance up to Our limits, as provided under the Description and the Cardmember has the right to recover damages from Claim and Proof of Loss. of Benefits section, another, the Company shall be subrogated to that right. To insure prompt processing of Your claim, report any theft General Provisions However, the Company's right to recover is subordinate to the or damage immediately following the date of the Covered Cardmember',s right to be fully compensated. Incident, including for gifts purchased with the Card. Retain Change of Permanent Residence Your receipts and Your damaged property (if applicable) until If the change is to a different state, Your Policy provisions Termination or Cancellation the claim process is complete. may be adjusted to conform to the requirements of that state. Coverage will cease on the earliest of the following: 1. the Clerical Error date You no longer maintain a Permanent Residence in the 50 Notice of Claim United States of America, the District of Columbia, Puerto Rico Notice of Claim should be provided to Us within thirty (30) A clerical error made by the Company will not invalidate or the U.S. Virgin Islands; 2. the date We determine that You or Y } Y may days of the loss. You contact Us b calling g toll -free insurance otherwise validly in force nor continue insurance not validly to force. someone on Your behalf intentionally misrepresented or fraud stateside 1 -800- 322 -1277 or, if from overseas, by calling collect Y occurred; 3. the date the Policy is cancelled; 4. the date You 1- 303 -273 -6498. You may also write to Us at Purchase Conformity with State and Federal Law are no longer a Cardmember; 5. the date Your Account ceases Protection, PO Box 402, Golden, CO 80402 -0402. If a Plan provision does not conform to applicable to remain Current and in Good Standing; or 6. the date the Failure to provide Notice of Claim within thirty (30) days provisions of State or Federal law, the Plan is hereby amended Plan is not available in the location where You maintain a will not invalidate a claim or reduce any benefit payment that to comply with such law. Permanent Residence. may be found to be eligible, if it can be shown that it was Entire Contract; Representation; Change Termination or Cancellation of coverage will not prejudice provided as soon as reasonably possible. At the time You This Description of Coverage, the Policy and any any claim originating prior to termination or cancellation provide Us with Notice of Claim, We will assist You with Your applications, endorsements or riders make up the entire subject to all other terms of the Policy. Proof of Loss by providing You with instructions and /or contract. Any statement You make is a representation and not The Company has the right to cancel the Policy at any time documents, which You may have to complete and return to Us. a warranty. This Description of Coverage may be changed at by sending a written notice at least forty five (45) days in You are required to cooperate with Us and provide any time by written agreement between the Master advance to You at Your last known address. The notice will documentation as requested by Us which is required and Policyholder and the Company. Only the President, Vice- include the reason for cancellation. necessary to process Your claim and determine if benefits are President or Secretary of AMEX Assurance Company may Important Additional Information For You payable. change or waive the provisions of the Description of Coverage. For those eligible and enrolled in the Membership No agent or other person may change the Description of Rewards` program, benefits are also paid when the purchased FDR 974934 7 property is received through the redemption of a Membership Applicable for Residents of the Slate of South Dakota The capitalized terms used herein shall have the meaning Rewards redemption certificate. Payment or credit will not The Legal Actions section is hereby removed in its entirety assigned to such terms in the Policy. Please note that certain exceed the original assigned value of the property received and replaced with the following: terms contained in this summary are defined within the full through redemption of a Membership Rewards redemption Legal Actions policy document. certificate up to the stated limits, excluding shipping and No legal action may be brought to recover against this Plan Description of Benefits handling expenses. Benefits will not be paid when a until sixty (60) days after Proof of Loss has been received by Accidental Death and Accidental Dismemberment. The Membership Rewards redemption certificate has been Us. No such action may be brought after six (6) years from the Plan provides coverage for accidental death and transferred to a non - eligible Cardmember or non- time Proof of Loss is required to be given. dismemberment due to a loss from an injury while coverage is Cardmembers. PP /EW- RDRI -SD 05/07 This Description of Coverage replaces any other in force under the Policy, but only if such loss occurs within Description of Coverage that You may have previously received Applicable for Residents of the State of Vermont 100 days after the date of the accident which caused the injury. for Purchase Protection. In the Termination or Cancellation section the following If more than one loss is sustained, benefits will be paid for the This Description of Coverage is an important is removed: greatest loss. document. Please read it and keep it in a safe place. The Company has the right to cancel the Policy at any time Benefits are paid according to the following schedule: IN WITNESS WHEREOF We have caused this Description by sending a written notice at least forty five (45) days in • Loss of Life - 100% advance to You at Your last known address. The notice will of Coverage to he signed by Our officers: Loss of both hands or both feet - 100% include the reason for cancellation. . Loss of one hand and one foot - 100% And replaced with the following: • Loss of entire sight of both eyes - 100% J The Company has the right to cancel the Policy by sending • Loss of entire sight of one eye and one hand or one foot - Joy A. Hanson, President John M. Collins, Secretary a written notice at least forty five (45) days in advance to You at 100°% AMEX Assurance Company A1v4EX Assurance Company Your last known address. The notice will include the reason • Loss of one hand or one foot - 50% PP- DOC -CCSGI 02/07 for cancellation. • Loss of the entire sight of one eye - 50 %. Applicable for Residents of the State of Kentucky PP /EW- RDRI -V'1' 05/07 Common Carrier Benefit. This benefit is payable if the In the Termination or Cancellation section the following Applicable for Residents of the State of Alaska Covered Person sustains accidental death or dismemberment as a result of an accident which occurs while riding solely as a is removed: The opening paragraph in the Exclusion section is passenger in, or boarding, or alighting from, or being struck by The Company has the right to cancel the Policy at any time removed in its entirety and replaced with the following which a Common Carrier Conveyance on a covered trip. by sending a written notice at least forty five (45) days in is added and made part of the Description of Coverage: Exposure and Disappearance. If the Covered Person is advance to You at Your last known address. The notice will These exclusions do not apply if the dominate cause of a unavoidably exposed to the elements because of an accident on include the reason for cancellation. loss is a risk or peril that is not otherwise excluded. Benefits a covered trip which results in the disappearance, sinking or And replaced with the following: are not payable if the loss for which coverage is sought was wrecking of the common carrier conveyance, and if as a result The Company has the right to cancel the Policy at any time directly or indirectly, wholly or partially, contributed to or of such exposure, the Covered Person suffers a loss for which by sending a written notice at least seventy -five (75) days in caused by: benefits are otherwise payable under the Policy, such loss will advance to You at Your last known address. The notice will The Legal Actions section is hereby removed in its entirety be covered under the Policy; if the Covered Persons body has include the reason for cancellation. and replaced with the following which is added and made part not been found within 52 weeks after the date of such accident, PP /EW- RDRI -KY 05/07 of the Description of Coverage: it will be presumed, subject to there being no evidence to the Applicable for Residents of the State of Ore on Legal Actions PP $ contrary, that the Covered Person suffered loss of life as a result h b b ti l l No legal action may e brought to recover against this Plan In the Exclusions section the following are removed: 4. N of injury covered by the Policy violation of a criminal law, offense or infraction; 6. fraud or until sixty (60) days after Proof of Loss has been received by abuse or illegal activity of any kind by the Cardmember; Us. No such action may be brought after three (3) years from Beneficiary The Proof of Loss section is hereby removed in its entirety the time Proof of Loss is required to be given. If there are any The Basic Cardmember may designate a beneficiary or and replaced with the following: claims the three year timeframe does not begin to run until change a previously designated beneficiary for himself or after the claim has been denied. herself and his or her spouse or domestic partner and ProofofLoss PP /EW- RDRI- AK06 /07 dependent children who are not Additional Cardmembers. An Proof of Loss requires You to send Us all the information Alicable fur Resid Additional Cardmember may designate a beneficiary or pp ents of the State of Qklahmna We request, at Your expense, in order that Your claim may be change a previously designated beneficiary for himself or evaluated and that We may make a determination as to The following is added to your Description of Coverage: herself and his or her spouse or domestic partner and whether the claim may be paid. You must provide Us with WARNING: Any person who knowingly, and with intent to dependent children who are not also the Basic Cardmember, satisfactory Proof of Loss within ninety (90) days after We have injure, defraud or deceive any insurer, makes any claim for the the Basic Cardmember's spouse or domestic partner or provided You with instructions and /or a claim form in P proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. children, or Additional Cardmembers. If no beneficiary is response to Your Notice of Claim or Your claim may be denied. designated benefits will be paid to the surviving person or Your Proof of Loss documentation may be mailed to Us at the PP /EW- RDRI -OK 07/07 equally to the surviving persons in the first of the following same address provided above for mailing Your Notice of Claim. The following form numbers are applicable to residents in classes: spouse or domestic partner; children, equally per We reserve the right to request all the information We deem the following states: stirpes; and the estate. necessary to determine that Your claim is payable, and We will Arizona and Indiana, Form Numbers: PP- IND -CCSGI Exclusions not consider that We have received complete Proof of Loss 07/07, PP- IND -CCSG2 07/07, PP- IND- OSBN107 /07, PP -IND- The Policy contains the following exclusions: until the information We have requested is received. OSBN2 07/07 suicide or self-destruction or any attempt thereat, w Proof of Loss may require documentation consisting of, but Texas, Form Number: PP- IND -TX 07/07 while sane or insane; intentionally self-inflicted injury, suicide hi any not necessarily limited to, the following: 1. Purchase attempt thereat, while sane Protection Claim Form; 2. the original itemized store receipt; • war or any act of war whether declared or undeclared; 3. the insurance declaration forms for Your other sources of however, any act committed by an agent of any government, insurance or indemnity (e.g., homeowner's or renter's Travel Accident Insurance is underwritten by AMEX insurance); 4. a photograph of and /or repair estimate for the Assurance Company, Administrative Office, Green Bay, WI. party, or faction engaged in war, hostilities, or other warlike damaged property; and 5. or theft and vandalism claims, a Y g Coverage is determined b the terms, conditions, and operations provided such agent is acting secretly and not in report regarding the stolen or vandalized property must be exclusions of Policy AX0948 and is subject to change with connection with any operation of armed forces (whether filed with the appropriate authority before You call to file a notice to you. This document does not supplement or replace military, naval or air forces) in the country where the injury the Policy. Plea call us at the number at 1.800- 437 -9209 occurs shall not be deemed an act of war claim under Purchase Protection. y' se in to which a contributor cause was the commission of or No payment will be made on claims not substantiated in for a complete copy of your terms and conditions or if you 1 ur y > need to file a claim. attempt to commit an illegal act by or on behalf of the the manner required by Us. Covered Person or his /her beneficiaries If all required documentation is not received within ninety Travel Accident Insurance provides accidental death and (90) days of the date of the Covered Incident (except for dismemberment insurance while traveling on a Common • injury received while serving as an operator or crew documentation which has not been furnished for reasons Carrier Conveyance (plane, train, helicopter, ship, or bus) member of any conveyance when the entire fare has been char ed to the Card. As a benefit injury received while driving, riding as a passenger in, beyond Your control), coverage may be denied. It is Your g boarding or alighting from a rental vehicle responsibility to provide all required documentation We of Cardmembership, the Covered Person will receive a benefit injury received during or as a result of commutation request, level of coverage depending on the type of American Express You may be required to send in the damaged property at Card account to which the entire fare for the Common Carrier sickness, physical or mental infirmity, pregnancy, or any Your expense for further evaluation of Your claim. If Conveyance was charged for the covered trip. Covered Persons medical or surgical treatment for such conditions, unless include the basic Cardmember, each additional Cardmember, treatment of the condition is required as the direct result of an requested, You must send in the damaged property within ninety (90) days from the date of Our request to remain eligible and each of these Cardmembers spouses or domestic partners injury. for coverage. and dependent children under 23 years of age. All Covered Termination or Cancellation PP- RDRI -OR 05/07 Persons must have a permanent residence within the 50 United Coverage under the Policy will cease on the earliest of the States of American or the District of Columbia. All other following: persons are not Covered Persons under the Policy. FDR 974934 8 the date the Covered Person no longer maintains a or any attempt thereat, while sane. In the Exclusions section Length of Coverage permanent residence in the 50 United States of America or the the following replaces the exclusion regarding specific Car Rental Loss and Damage Insurance covers eligible District of Columbia conditions: sickness, physical infirmity, pregnancy, or any Rental Autos when rented under a written rental agreement • the date we determine that the Covered Person or medical or surgical treatment for such conditions, unless from a Rental Company for no more than 30 consecutive days. someone on the Covered Persons' behalf intentionally treatment of the condition is required as the direct result of an Note: In no event shall coverage be provided when the misrepresented or fraud occurred injury. Cardmember rents a Rental Auto beyond 30 consecutive days the date the policy is cancelled front the same Rental Company, regardless of whether the the date the basic Cardmember's account ceases to remain Car Rental t and Damage original agreement is extended, or a new written agreement is current and in good standing ; Insurance Plan entered into, or a new vehicle is rented. • the date the Plan is not available in the location where the Additionally, no coverage will be provided when the Covered Person maintains a permanent residence. Description of Coverage Primary Renter rents a Rental Auto for more than 30 The Company has the right to cancel the Policy at any time consecutive days out of a 45 -day period within the same b sending a written notice at least fort five s in Car Rental Loss and Damage Insurance provides the y g y 45 ( ) days Cardmember, if the Cardmember is the primary renter, (as geographic market/location (75 mile radius). advance to you at your last known address. The notice will defined below) with insurance coverage for damage to or theft What is Covered include the reason for cancellation. in addition t of most Rental Autos when the Cardmember uses the Card (as Car Rental Loss and Damage Insurance reimburses a Forms n addi Form o n t - o those listed described below) to reserve and pay for an auto rental from Cardmember for payments for damage to or theft of a Rental isted above are also any Commercial Car Rental Company ( "Rental Company ") Auto that the Cardmember is required to make, up to the lesser applicable to residents in the following states: other than those located in Australia, Ireland, Israel, Italy, of: 1) the actual cost to repair the Rental Auto, 2) the wholesale Connecticut, Form Number: TAI - RDRI -CT 03/07 Illinois, Form Number: TAI - RDRI -IL 03/07 Jamaica, and New Zealand.' This coverage is always excess Book value minus salvage and depreciation costs, or 3) the Kansas, Form Number. TAI - RDRI -KS 03/07 insurance. purchase invoice price of the Rental Auto minus salvage and Maine, Form Number: TAI - RDRI -ME 03/07 Rental Auto means a four - wheeled, two -axle passenger- depreciation costs. The coverage also reimburses the Minnesota, Form Number: TAI- RDRI -MN 03/07. In the type motor vehicle, designed for and sold to accommodate Cardmember for reasonable charges (those charges incurred at Exclusions section the following replaces the exclusion private passenger transport on public roads. the closest facility that are usual and customary in the vicinity Who is Eli in which the loss or disablement took place) imposed by the Eligible for Coverage regarding illegal acts: injury to which a contributory cause was g g tal Company, Rensuch as towing or storage and loss of Use. the commission attempt to commit a felony by or on You are eligible for coverage if: Loss of Use means th behalf of the Covered Bred Person or his beneficiaries. 1. You area Basic or Additional Cardmember and an e unavailability of a Rental Auto and Nevada, Form Number: TAI -RDRI -NV 03/07. In the American Express' Card or Optima* Card in association with consequent loss of revenue by the Rental Company due to Termination and Cancellation section the forty five (45) day that Card (the "Card ") has been issued to you in your name; damage or theft. Unless otherwise required by law, the Rental 2. You are of an account status and class that is provided advance written notice is replaced by a sixty (60) day advance p ded Company most submit a fleet utilization log indicating that written notice. Car Rental Loss and Damage Insurance as a benefit of during such time: New York, Form Number TAI - RDRI -NY 03/07. Covered Cardmembership ( "Cardmember "); 1. no other Rental Auto was available; and Persons does not include language requiring a permanent 3. Your Card account is billed from a U.S. operating center 2. there was a demand for a Rental Auto. in U.S. dollars; and Car Rental Loss and Damage Insurance covers no other residence within the 50 United States ep American cl the District of Columbia. The following replaces the exclusions 4. You maintain your Permanent Residence within the 50 type of loss. For example, in the event of a collision involving found in the Exclusion section: United States of America, the District of Columbia, Puerto Rico the Cardmember's Rental Auto, damage to any other driver's or the U.S. Virgin Islands. car or the injury of anyone or anything is not covered. suicide, attempted suicide or intentionally self - indicted gt Note: This policy does not provide liability or any other injury Permanent Residence means the Covered Persons one war or any act of war, whether declared or undeclared; primary dwelling place where the Covered Person permanently coverage such as Uninsured Motorists, benefits under any resides and intends to return. Worker's Compensation law, Disability benefits law or other participation in a felony, riot or insurrection; service in the mandated Government Plans. Armed Forces or units auxiliary thereto A Personal, Gold, or Rewards Plus Gold Cardmember who • injury in which a contributing cause was the Covered is enrolled at an accredited four -year college, university or What Excess Coverage Means Person's commission of or attempt to commit a felony or to graduate school in the United States and is receiving student Car Rental Loss and Damage Insurance is an excess which a contributing cause was the Covered Person's being benefits provided as a benefit of Cardmembership is not insurance plan. This means that this excess coverage will engaged in an illegal occupation eligible for benefits under this Policy. reimburse the Cardmember only for losses /expenses not • sickness, except for an infection that was the result of an Commercial Car Rental Company or Car Rental covered by plans, such as a partial collision damage waiver, any Injury Company means any commercial car rental agency which personal auto insurance, employer's auto insurance or • mental or emotional disorder rents Rental Autos.' For the purposes of this Description of reimbursement plan or other sources of insurance. When these pregnancy, except complications of pregnancy and except Coverage, Commercial Car Rental company means "Rental other plans apply, a Cardmember must first seek payment or to the extent coverage is required pursuant to Section 3221 of Company" reimbursement and receive a determination based on the the New York Insurance Law How to Activate Coverage stated terms of such other Plans, that any such Plans do not • the consequence of the Covered Person's being Coverage for theft of or damage to a Rental Auto is provide coverage before this excess coverage will reimburse the intoxicated or under the influence of any narcotic unless activated when the Cardmember:' Cardmember. administered on the advice of a physician. 1. presents his or her eligible Card to the Rental Company Vehicles Not Covered In the'1'ermination and Cancellation section the following to reserve the Rental Auto by making a reservation; or by Car Rental Loss and Damage Insurance does not cover is removed in its entirety: the date the Covered Person no placing a hold or deposit at the time the Rental Auto is checked rentals of: longer maintains a permanent residence in the 50 United out; I. expensive cars, which means cars with an original States of America or the District of Columbia. 2. declines the full Collision Damage Waiver or similar manufacturer's suggested retail price of $50,000 or more when In the Termination and Cancellation section the following option (CDW ), or pays for a partial collision damage waiver, new; replaces the language regarding misrepresentation or fraud: offered by the Rental Company; 2. exotic cars regardless of year or value, including but not the date we determine that the Covered Person or someone on 3. is the primary renter, which is defined as the limited to Chevrolet Corvette, Toyota Supra, Mazda RX -7, the Covered Persons' behalf intentionally misrepresented or Cardmember, who is named on the written agreement with the Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 fraud occurred in a written instrument signed by the Covered Rental Company as the person renting and taking control and GT, Nissan 300 ZX, Jaguar XJS, Acura NSX, Mercedes SL, SLK, Person. possession of the Rental Auto ( "Primary Renter"); and S Coupe and E320 Coupe and Convertible, BMW M3, Z3 and 8 North Carolina, Form Number: TAI- RDRI -NC 03/07 4. uses the Card to pay for the entire auto rental from the Series, Cadillac Allante and all Porsche, Ferrari, Lamborghim, Oklahoma, Form Number: TAI - RDRI -OK 03/07. In the Rental Company at the time of vehicle return. Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra, Exclusions section the following replaces the exclusion Coverage continues in effect while the Cardmember Bentley, Rolls Royce; regarding war: war or act of war, declared or undeclared, while remains in control and possession of the Rental Auto. A 3. trucks, pick -ups, cargo vans, custom vans; serving in the military service or any auxiliary unit attached Cardmember, who is physically challenged and unable to 4. full -sized vans, including but not limited to, Ford thereto. operate the Rental Auto, may be the Primary Renter if he /she is Econoline or Club Wagon, Chevy Van or Sportvan, GMC Texas, Form Number: TAI - RDRI -TX 03107. Covered the Cardmember entering into the rental transaction. Vandura and Rally, Dodge Ram Vans and Rain Wagon; Persons include dependent children under 25 years of age who When Coverage Terminates 5, vehicles which have been customized or modified from are stepchildren; adopted or a party to a suit to be adopted Coverage for theft of or damage to the Rental Auto the manufacturer's factory specifications except for driver's children; grandchildren who are unmarried and dependent on terminates when: assistance equipment for the physically challenged; the Cardmember for tax purposes at the time the application 1, the Rental Company resumes control of the Rental 6. vehicles used for hire or commercial purposes; for coverage is made; and physically or mentally handicapped Auto, or 30 consecutive days after the Rental Auto was checked 7. mini -vans used for commercial hire; children who are unmarried, cannot self - support themselves, out, whichever is earlier; or Note: Passenger Mini -Vans (not Cargo Mini -Vans) with and are beyond the termination age. 2. the Policy is cancelled. factory specified seating capacity of8 passengers or less, Vermont, Form Number TAI - RDRI -VT 03/07. In the including but not limited to, Dodge Caravan, Plymouth ]voyager, Exclusions section the following replaces the exclusion Ford Windstar and Nissan Quest, are covered when rented for regarding suicide: suicide or self- destruction or any attempt personal or business use only. thereat, while sane; intentionally self - inflicted injury, suicide FDR 974934 9 I 8. antique cars, which means cars that are 20 years old or other locations worldwide. If the failure of a Cardmember to summons papers to the Car Rental Loss and Damage claims have not been manufactured for 10 or more years; promptly report a loss prejudices the rights of the Insurer, the unit within 15 days of when the Cardmember is served. Failure 9. limousines; claim may be denied. to comply may result in denial ofbenefits. .10. full -sized sport utility vehicles, including but not A representative will answer any questions a Cardmember Additional Information for You limited to, Chevrolet/GMC Suburban, Tahoe and Yukon, Ford may have and will send the Cardmember a claim form with Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus instructions. Complete and sign the claim form. Written proof This coverage is underwritten ra AMEX Assurance LX450, Range Rover or full -sized Ford Bronco; ofloss, which includes the claim form and all other requested Company issued through insurance Policy A Ser (the Policy") iss 11. sport/utility vehicles when driven "off - road'; and documentation (listed below), must be received within 60 da s ued to American Express Travel Related ery ces Note: Compact sport /utility vehicles, including but not following he date of the damage or theft b American Express Company, Inc. and its participating d subsidiaries, remi affiliates and g g y i licensees. The Policy may be changed or terminated. limited to Ford Explorer, Jeep Grand Cherokee, Nissan Car Rental Loss and Damage Claims Unit, PO Box, 94729, Pathfinder, T'ovota Fora Runner, Chevrolet Blazer and Isuzu Cleveland, Ohio 44101 -4729. If the proof of loss and other This Description of Coverage is an important document. Please keep it in a Trooper and Rodeo are covered when driven on paved roads. documentation is not received within 60 days of the date of e safe place. Although it describes the present form of insur 12, off -road vehicles, motorcycles, mopeds, recreational loss, coverage may be denied. ance as it exists c the time ontract of b i j printing, this vehicles, golf or motorized carts, campers, trailers and any Required documentation may consist of, but is not limited benefits described document is not the Policy or contract to all f other vehicle which is not a Rental Auto. to: this document are subject to all of the terms, conditions and exclusions of the Policy issued by the Losses Not Covered 1. our signed and completed claim form; underwriter. This document replaces any prior Description of Car Rental Loss and Damage Insurance does not cover 2. an itemized repair bill; Coverage under the Policy which may have been furnished to losses caused by or contributed to by: 3, a copy of charge slip for the rental of the Rental Auto, the Cardmember. 1. operation of the Rental Auto in violation of the terms Rental Auto contract or machine generated receipt to show and conditions of the Rental Company agreement (including rental was charged and paid for with an American Express but not limited to losses occurring when: a person not Card; ;v permitted to operate the vehicle pursuant to terms of the rental 4. a police report (if applicable); Joy A. Hanson, President John M. Collins, Secretary agreement was in possession or control of the vehicle; or, 5• photos of the damaged vehicle, if available; AMEX Assurance Company AMEX Assurance Company driving the vehicle outside of the authorized rental territory); 6. a copy of the Cardmember's, authorized driver's or CRLDI- DOC -CCSG 11/05 2. leased or mini - leased vehicles; employer's auto insurance coverage, or a notarized letter 1. For those eligible and enrolled in Membership Rewards, fa 3. costs attributed to the Commercial Car Rental stating no insurance; Membership Rewards redemption certificate is used, coverage is Company's normal course of doing business; 7. a copy of all claim documents and correspondence, provident only to RentalAutos rented in the United States. 4. intentional damage; provided by the Car Rental Company; 2. When used in conjunction with a Membership Rewards 5. illegal activity, such as losses where the Rental Auto was 8. a copy of the Rental Company's utilization log; redemption certificate, the participating Car Rental Companies used for, or involved in illegal activity or felony; 9. a copy of the drivers license of the Cardmember and /or are limited to Hertz, National and Budget. 6. pre - existing conditions, damage or defect; authorized driver, unless the driver's license number shows on 3. If eligible and enrolled in Membership Rewards, coverage is 7. alcohol intoxication on the part of the driver, as defied the rental agreement; also activated when the Cardmember (1) presents a Membership in the state where the Accident occurred; 10. a copy of the written rental agreement, front and back, Rewards redemption certificate and (2) uses a Membership 8. voluntarily taking any drug or acting under the which documents when the Rental Auto was checked out and Rewards redemption certificate at a participating Commercial influence or effect of that drug (unless taken as prescribed or checked in; and Car Rental Company. Important note for those enrolled in administered by a Doctor); 11. information pertaining to other available insurance Membership Rewards: A Membership Rewards redemption 9. war or military activity; coverage(s). certificate can only be redeemed by eligible Cardmembers. 10, radioactivity; Cardmember cooperation with issues related to their Benefits will not be paid when a Membership Rewards 11. confiscation by authority; benefits is required. If all required documentation is not redemption certificate has been transferred to non - eligible 12. wear and tear, including gradual deterioration; received within 180 days of the date of loss (except for Cardmembers and /or non - Cardmembers. 13. damage which is due and confined to freezing, documentation which has not been furnished for reasons 4. Does not apply to New York State residents. mechanical or electrical breakdown or failure unless such beyond the Cardmember'.s control), coverage may be denied. Additional Information for Residents of Louisiana damage results from a theft covered by the Policy; How Benefits are Paid The Rights of Recovery section is replaced with the 14. failure to return keys to the Rental Company when the All Car Rental Loss and Damage Insurance payments following: vehicle is stolen; reimbursable under the policy are payable to the Cardmember; If the Company makes any payment under this Policy and 15. theft or damage to unsecured vehicles; except that payment may be made, at the discretion of the the Cardmember has the right to recover damages from 16. theft of or damage to tires (flats or blowouts), unless Insurer, jointly to the Cardmember and the Commercial Car another, the Company shall be subrogated to that right. damaged by fire, malicious mischief, vandalism, or stolen, Rental Company when the Car Rental Company has not been However, the Company's right to recover is subordinate to die unless the loss is coincident with and from the same cause as reimbursed for the covered loss or damage, or the Cardmembers right to be fully compensated. other loss covered by the Policy; and Cardmember has not validly assigned his /her payments to the CRLDI - RDRI -LA 11/05 17. off -road operation of the vehicle. Rental Company or any other party. Additional Information for Residents of South Dakota Car Rental boss and Damage Insurance does not cover, and Note: Benefits will not be paid if, on the date of loss, on the Under Losses Not Covered, item number 5. is replaced benefits will not be paid for: date of claim filing, or art the date ofpotential claim payment, with the following: 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 by law; is cancelled.' 2. damage to any vehicle other than the Rent losses caused by or contributed to by: al Auto; Rights of Recovery g 5. violation of criminal law, or commission of a criminal 3. damage to any property other than the Rental Auto, In the event of a payment under this Policy, the Insurer is act, whether cited or charged; owners property, or items not permanently attached to the entitled to all the rights of recovery that the Cardmember, to Under Losses Not Covered, item number 7. is replaced Rental Auto; P whom payment was made, has against another. That with the following: 4, the injury of anyone or anything; Cardmember must sign and deliver to the Insurer any legal Car Rental Loss and Damage Insurance does not cover S. expenses assumed, waived or paid for by the Rental papers relating to that recovery, do whatever else is necessary losses caused by or contributed to by: Company or its insurer; to help the Insurer exercise those rights and do nothing after 7. consumption of alcohol at or in excess of the legal blood 6. expenses covered by the Cardmember's personal auto loss to harm the Insurers rights. alcohol level for a felony conviction in the state or locality in insurer, employer or employer's insurer, or authorized driver's When a Cardmember or Commercial Car Rental Company which the Accident occurred; insurer; has been paid damages under Policy No. AX0925, and also CRLDI- RDRI -SD 11/05 7. value added tax or similar tax, unless reimbursement of recovers from another, the amount recovered from the other such tax is required by law; Additional Information for Residents of Vermont 8. diminishment of value; shall be held by that Cardmember or Commercial Car Rental Under Losses Not Covered, the following item is hereby 9. any Rental Auto used for hire or commercial purposes; Company intrust for the Insurer and reimbursed to the extent removed: and of the Insurers payment. 7. alcohol intoxication on the part of the driver, as defined As a condition precedent to coverage, the Cardmember is in the state where the Accident occurred; 10. depreciation, unless reimbursement for depreciation is required, and has a duty to fully cooperate with the Insurer in required by law. any investigations, subrogation matters or legal proceedings by CRLDI -RDRI -VT 11/05 How to File a Claim providing copies of any and all legal notices and any and all Additional Information for Residents of 1Visconsin Notification of damage, including vandalism, theft, or an statements, including sworn statements and contributing any Under Losses Not Covered, the following items are hereby accident must be reported to the appropriate law enforcement other papers and documents to reasonably assist in the removed: agency as soon as reasonably possible. This requirement disposition of the legal matter. 5. illegal activity, such as losses where the Rental Auto was applies regardless of whether the Rental Auto is involved with Notification of Legal Action used for, or involved in illegal activity or felony; other vehicles. Failure to notify may result in denial of benefits. When a Cardmember is served with suit and /or summons 7. alcohol intoxication on the part of the driver, as defined If a loss occurs, a Cardmember should promptly notify the papers relating to a Car Rental Loss and Damage claim, the in the state where the Accident occurred; Car Rental Loss and Damage Claims Unit toll free at Cardmember must notify (see address and phone number 8. voluntarily taking any drug or acting under the (800) 338 -1670 in the U.S. only or call (440) 914 -2950 from under Claims Notice section) and provide copies of the suitor influence or effect of that drug (unless taken as prescribed or administered by a Doctor); FDR 974934 10 Under Losses Not Covered, the following item is added: 18. The use of the Rental Auto for unlawful purposes, or for transportation ofliquor in violation oflaw, or while the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog, or a combination thereof, or under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner. CRLDI -RDR l -WI 11/05 Additional Information for Residents of West Virginia Under How Benefits are Paid, the Footnote, to the note that reads: Note: Benefits will not be paid if, on the date of loss, on the date of claim filing or on the date of potential claim payment, any amount due on Your Card account is pas! due or Your Card is cancelled, is hereby revised to read as follows: Does not apply to West Virginia and New York State residents. CRLDI - RDRI -WV 11/05 Additional Information for Residents of North Carolina A portion of the fees associated with this Card are applied to the insurance benefit. CRLDI - RDRI -NC 11/05 The following form numbers are applicable to residents in the following states: Arizona and Indiana, Form Numbers: CRLDI - IND -CCSG 11/05; CRLDI- IND -OSBN 11/05; CRLDI - IND -PLAT 11 /05; CRLDI - IND -CEN 11/05; CRLDI- IND -OSBN -PLAT 11/05; CRLDI -IND -End 110/08 Texas, Form Numbers: CRLDI -IND- CCSG -TX 11/05; CRLDI- IND- OSBN -TX 11/05; CRLDI -IND- PLAT -TX 11/05; CRLDI - IND - CEN -TX 11/05; CRLDI - IND -OSBN- PLAT -TX 11/05. The following is added to the policy: This policy only provides coverage if you decline the full Collision Damage Waiver offered by the Rental Company. This policy is not automobile liability insurance and does not comply with any financial responsibility law. Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to no renew your policy at your renewal date, but may do so only if you are at fault for the claim. A Termination and Cancellation section is added: Coverage will cease on the earliest of the following - the date you no longer maintain a permanent residence in the 50 United States of America or the District of Columbia; the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; the date we cancel the Policy; the date you are no longer a Cardmember; or the date the Policy is not available in the location where you maintain a Permanent Residence. if the Policy is cancelled, we will send written notice at least forty five (45) days in advance. We may not cancel or non -renew this Policy based solely on the fact that you are an elected official. FDR 974934 I1 I - Afv1ERIWN E70�RE55 e FDR 974934 12 0 2009 American Express �MEa� Blue from American Expresssm p 1/3 �acss FRED W ZEHRING Closing Date 04/17/13 Account Ending 8 -51008 New Balance Earn points on all of your $4,510.70 purchases, everywhere you use Minimum Payment Due $527.34 the Card. Includes the past due amount of $482.34 Visit www.americanexpress.com /rewards Payment Due Date 05/12/13 Account Su mmary Previous Balance $4,626.36 Payments /Credits - $115.66 New Charges +$0.00 Fees +$0.00 Interest Charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $4,510.70 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $527.34 example: Credit Limit $18,000.00 If you make no additional You will payoff the balance And you will pay an Available Credit $13,489.30 charges and each month you shown on this statement in estimated total of Cash Advance Limit pay... about... $0.00 - - -- - - - - - - -- -- - - - - - - -- --- - - - - -- Available Cash - - - -- - - -- - - - - - -- $0.00 Only the Y Minimum Payment Due 12 ears 6,956 Days in Billing Period: 30 If you would like information about credit counseling services, call 1- 888 - 733 -4139. Customer Care P See page 2 for important information about youraccount. Pay byComputer amencanexpress.com /pbc O Your account is cancelled. Customer Care PaybyPhone 1- 888 - 258 -3741 1- 800 - 472 -9297 O See Page 2 for additional information + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon Pay by Computer Pay by Phone Account Ending 8 -51008 Do not staple or use paper clips americanexpress.com /pbc 1- 800 - 472 -9297 Enter account number on all documents. Make check payable to American Express. FRED W ZEHRING 1349 KUHN RD Payment Due Date BOILING SPRGS PA 17007 -9623 05/12/13 New Balance $4,510.70 Minimum Payment Due $527.34 AMERICAN EXPRESS $ ❑ Check here if your address or P.O. BOX 1270 phone number has changed. NEWARK NJ 07101 - 1270 Amount Enclosed Note changes on reverse side. 11 1111 1 1 1111111 111111/1 11 111 0000349991267833705 000451070000052734 14 d Exhibit �r FRED W ZEHRING Account Ending 8 -51008 p. 2/3 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 dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless 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 yourfinancial 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 permission to electronically withdraw your payment from your depositor other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We 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 doilycompoundingof interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will chargea fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit 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 - BLUE -741 Hearing Impaired Website: americanexpress.com 1- 888 - 258 -3741 TTY: 1-800-221-9950 Mobile Site: amexmobile.com International Collect 1- 336 - 393 -1111 FAX: 1-800-695-9090 Large Print& Braille Statements 1- 888 - BLUE -741 In NY: 1-800-522-1897 Customer Care 1- 888 - 258 -3741 & Billing Inquiries Payments Express Cash 1- 800 - CASH -NOW P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998 -1535 07101 -1270 Change of Address If correct on front, do not use. Pay Your Bill With AutoPay • To change your address online, visit www. americanexpress .com /updatecontactinfo • 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 your payment from your bank Street address ( I 1 ; ( account automatically each month .... - -, Visit americanexpress .com /autopay City, state ....... I today to enroll. .... ....................:.......... : 1 .................................................................. ............................... _._..... 1 Zip Code I i ........ ............................... ............... ...............:............... ................. Area Code and I Home Phone L� 1 Area Code and P Work Phone ! 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AMER�CPJV Blue from American Expresssm p. 3/3 E'}6�AIESS r� FRED W ZEHRING Closing Date 04/17/13 Account Ending 8 -51008 Payments and Credits Summary Total Payments - $115.66 Credits $0.00 Total Payments and Credits - $115.66 Detail *Indicates posting date Payments Amount 03/29/13* PAYMENT RECEIVED ACH - THANK YOU - $115.66 [ Fees Amount Total Fees for this Period $0.00 Interest Charged Amount Total Interest Charged for this Period $0.00 2013 Fees and Interest Totals Year -to -Date Amount Total Fees in 2013 $0.00 Tota Interest in 2013 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on youraccount. Annual Balance5ubject Interest Percentage Rate to Interest Rate Charge Purchases 9.99% $0.00 $0.00 Cash Advances 9.99% $0.00 $0.00 Total $0.00 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: Demetrios H. Tsarouhis, Esquire Date: July 30, 2013 130321.001 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY, Ronny RAnderson PILED-OFFIG�. Sheriff ,�1 uanti �,#r F THE PROT140NOTAR { QkkSkEt Jody S Smith 2413 AUG 26 AM Chief Deputy Richard W Stewart �`° �' °�" CUMBERLAND COUNTY Solicitor OFF CEOF THE HERWP PENNSYLVAHIA American Express Centurion Bank, a Utah state charted bank Case Number vs. Frederick Zehring 2013-4773 SHERIFF'S RETURN OF SERVICE 08/19/2013 03:45 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Vickie Zehring, wife, who accepted as"Adult Person in Charge"for Frederick Zehring at 1349 Kuhn Road, Monroe Township, Boiling Springs, PA 17007. RYAN BURGETT, D SHERIFF COST: $34.78 SO ANSWERS, August 20, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosofi.Inc.