HomeMy WebLinkAbout14-0982 Stlpreme Court of Pennsylvania
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and set-vice of pleadings or other papers as required by lane= or rules of court.
S Commencement of Action:
E ® Complaint El Writ of Summons El Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff s Name: Lead Defendant's Name:
T AMERICAN EXPRESS CENTURION BANK SYLVIA SALAZAR
I Are mone dam requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits
O Y g q (check one) ❑ outside arbitration limits
N Is this a Class Action Suit? El Yes E No Is this an MDJAppeal? El Yes ® No
A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates P.C.
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution E Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not ❑ Employment Dispute:
S include mass tort) Discrimination
E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: Other
E] Zoning Board
C r_1 Other:
❑ Other:
I ❑ Other:
MASS TORT
N El Asbestos
❑ Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
B ❑ Other: ❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
PROFESSIONAL ❑ Partition ❑ Replevin
LIABLITY ❑ Quiet Title ❑ Other:
El Other:
❑ Dental
❑ Legal
❑ Medical
❑ Other Professional:
Updated I /1/2011
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Our File No.: 351102
APOTHAKER & ASSOCIATES, P.C. Q 4 l
BY: David J. Apothaker, Esquire �
Attorney I.D.# 38423 PEViiS } L A of i T y 520 Fellowship Road C306 A
Mount Laurel, NJ 08054
(800) 672 -0215
Attorneys for Plaintiff
AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS
4315 S. 2700 WEST ) CUMBERLAND COUNTY
SALT LAKE CITY, UTAH 84148 ) a (
NO.. ,
Plaintiff, )
VS. )
SYLVIA SALAZAR )
50 LONG VW )
CARLISLE, PA 17013 )
Defendant. )
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR
ASSOCIATION
34 S. BEDFORD ST.
CARLISLE PA 17013
717- 249 -3166
I
Our File No.: 351102
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672 -0215
Attorneys for Plaintiff
AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS
4315 S. 2700 WEST ) CUMBERLAND COUNTY
SALT LAKE CITY, UTAH 84148 )
NO..
Plaintiff, )
VS. )
SYLVIA SALAZAR )
50 LONG VW )
CARLISLE, PA 17013 )
Defendant. )
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is American Express Centurion Bank ( "Plaintiff'), an industrial bank, organized
under the laws of the State of Utah with a principal place of business in Salt Lake City,
Utah.
2. Defendant(s) is /are SYLVIA SALAZAR ( "Defendant "), an adult individual residing at
50 LONG VW, CARLISLE, PA 17013.
3. At the special instance and request of Defendant, Plaintiff issued a credit account
( "Account ") to Defendant.
4. The Account number ends in 3003.
5. Defendant received, accepted and used the account by making purchases, balance transfers,
and /or cash advances.
6. The account is in default due to Defendant's failure to make timely payments.
r i
7. Although demand has been made, Defendant has failed to make payment of the amount
due.
8. The amount due as of this date is $12,400.61.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s)
for the sum of $12,400.61 and requests this Court award costs to the extent permitted by
applicable law.
APOT & ASSOCIATES, P.C.
A rney for Plaintiff
A Law :Fi ( Enga ., ed in Debt C ect' ion
BY:
David J. A aker, Esquire
Our File No.: 351102
351102
VERIFICATION
I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify
that, upon information and belief, the statements made in the foregoing Civil Action Complaint are
true and accurate. The undersigned understands that the statements therein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
ffi nt Name LIND SALAR
�
2 00) C� ASSISTANT CUSTODIAN OF RECORDS
Date: W M ,�— ..!'
Defendant's Name: SYLVIA SALAZAR
Account Number: ending in 3003
FDR 974934
CD 254M (07109)
Agreement Be C re dit 1
AMERICAN
1 A merican Ex Centuri B ank
EXPRESS
14elcometo Americno, Express Cardmembership been fraudulently used, the Card and the ExpressPayfeature Cardmember that Additi onal Cardme mbers are subject to all
This document and the accomparryiug 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 ExprmPay only i n 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 an change in the
Card issued to you (including any renewal or replacement source. You may cancel the ExpressPay feature on the Card or mailingor e-mail address to which we send billing statements
Cards), or you use the account associatedwith this Agreement any Additional Card at anytime upon notice to us by calling or notices that a billingstatemem has been posted ('Billing
(your Account "), you agree to the terms ofthis Agreement. the number on the backoftheCard. Address "),Ifyou wish a Billing Address change to apply to
The words "you," `your" and' youre' meanthe 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 thatwe may also update your Billing Address ifwe
billing statements, as well as artyperson who agrees to be liable Credit Line receive information thatyour Billing Address has changed or is
on the Account. The "Basic Cardmember' is the person who incurred.
opened the Account. At your request we mayalso issue a Card A portion ofyour credit line maybe available to you for the "New Balance' statement. To
on n A
your Account to another erson additional Cash Advances up to your Cash Advance limit. We may, at any appears on your billing
P { time and inour sole discretion, increase and /or decrease your determine the New Balance, we begin with the outstanding Cardmember"). The term °Card" refers the American balance on your Account at the beginning of each billing
"t rests' Card issmd to you. all other Cards issued on your credit line and Cash Advance limit. We maylim8 Charges at an
Account, and any other device (such as Account numbers an d automated teller machine ('ATM") to the lesser of( i) a total of period,
ad Char a sr an he b
convenience checks with which u m your e a rr subtract access our Account. $1.000 in any seven -day period, or (ii) the remaining amount any credits P
ofthe Cash Advance limit onyour Account; and we may as ofthat billing period, and make other applicable
"N e," °our ".and °us". rekr to American Express Centurion
Bank, the issuer of your Account impose additional limits at our sole discretion (in addition to adjustments.
any limits imposed bythe ATM's owner). Your billing Minimum Amount Due
Using the Card statements will show y-our creditline 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 umtsedportions of such line and limit as ofthe Due. Payment is due by the time and date shown and in the
any person who accepts the Card ('Purchase(s) "). You may statemen 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 Due will not exceed the New Balance. You maypay 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 tothe applicable limits on your Account. At out discretion, overall balance (including fees and Finance Charges) will not balance, at anytime.,To calculate the Minimum Amount Due,
we maypermityou 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 Transfers) "). At our discretion, we request. the amount ofany balance on your Account in excess nearest whole dollar, and then add any amount past due:
may issue convenience checks that you can use 16 access your of airy applicable credit line or limit We reserve the right to (1) the greatest of
Account. Each convenience check maybe used only by you7 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 arty any late fees or over-limit fees);
owe under this Agreement or to payany 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 ary (i) current billed Finance Charges plus 1 %ofthe New
response to promotional offers from us will be subject to the reason, even if youhave sufficient credit available. Except as Balance (excluding from the New Balance any late
terms ofthe 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 otherproblem you may have with a merchant: (c) $15;
fee(s), if arty, my amounts guaranteed by use of the Card. other (2) any ovei -limit fees added during the billing period; and
fees, and an Finance Charges; arc °Ch s:' A convenience Promise to I iy
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check that we identify as having been made payable to ash, to You promise to pay all Charges, including Charges incurred (3) anylate fees added during the billingperiod.
you, or to abank, brokerage or similar asset account will be by Additional Cardmembers, on your Account This promise Adjusted Minimum Amount Due
,treated as aCash Advance. Any other convenience check includes any Charge for which you or an Additional Summary: Ifyou 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 orthe additional 1%
Transfer, or use a convenience check, that is governed by a form or presented the Card. You also promise to pay any ofthe balance referenced in (1)(b)(i). Ifwe do this, and
promotional offer from us, the Charge will be included in a Charge incdrredby anyone that you or an Additional finance charges are more than 2% ofthe 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 abort how
You agree not to let anyperson.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 ifthe 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 nothave accounts with us. calculation above by removing the late fees in (3) and'plus l%
without your permission You agree to use the Account only for. Inslead they are authorized users on your Account, and the ofthe New Balance' in (1)(b)(i). In the adjusted calculation,
Purchases, Cash Advances, or Balance Transfers that arc lawful Cards issued to them maybe 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 unto revoke an Additional in ( 1)(a). After the adjustment, if (l) is equal to the current
renewal or replacement Cards before apreviously issued Card Cardmember's 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.
Ifyou or an Additional Cardmember authorize a third by the Additional Cardmembers, and by anyone else you car 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 lo 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
ifyour account numbe r changes or ifwe issue a renewal or incurred by the Basic Cardmember o r by other Additional of the previous billing period, not using the adjust ed
replacement. Card to you or an Additional Cardmember. To 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 ofthose six periods);
not ifytbe third party agreement to pay us for the Charge if you fail to or refuse to the sum ofthe Minimum Amounts Due is equal to the
F ressPa pay it, and we may, at our discretion, pursue Add'aional sum of your payment s and it is less than or equal to $90;
-xP y the somoftheMinimuin Amounts Dueis zero and we
The Card ma bee equipped the Ex essP feature Cardmembers for payment of Charges they incur or authorize.
y PPe You authorize us to provide Account information to Additional used the adjusted calculat ion in the last billi ng pe rio d
{"ExpressPay ), which enables you to make Charges without when your Minimum Amount Due was not zero; or
Iravin the Cardsw' edorim imprinted antic• atin CardmembersandtodiseusstheAccountwiththem. us
g P P g You agree to hotifyeach Additional Cardmember, at the Ifwe adjust your ?vfinimum Amount Due, we will do so for
merchant. ExpressPay uses acomputer chip that isbu0linto atltastsixbill i eriods,andifwesto adjusting your
the Card and transfers encrypted payment information timebeorshebecomesanAdditionalCardmember , thatwe n gp P 1 gy
�� may receive, record l not adjust it again for at least
exchange and use information about him Minimum Amount Due, we will
Charges when you hold the Card to a secure as of reader.
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 Consume Reports, Telephone Payments
cryptogram to further protect your account from fraudulent Communications, and Suspension/ Cancellation sections of Allpayments 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
I I
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 data we add a Charge
currency, with a single draft or check drawn on a U.S. bank and period, constituting approximately one year, oftwelve to the daily balance as follows: We add a (ash Advance or
payable in U.S. dollars, or with a negotiable instrument payable consecutive billing periods endingwith 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 billingperiod. 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. If we decide to accept a corresponding APR) on all balances will increase to the Default through a convenience checkto the appropriate daily balance
payment made in a foreign currency, you authorize us to Rate if duringthe Review Period. (i) payment of your as of the date ofthe 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 bythe to the dailybalance as described above. We add any other
your remittance into US. currency, unless a particular rate is Payment Due Date in any two billing periods, (ii) apayment on Charge to the appropriate daily balance as of the date of the
requiredbylaw. 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, oftwelve Charges are calculated. In any such billing period, we will
received;paymems conforming to the above requirements that consecutive billingperiods endingwith the Closing Date of the impose a minimum Finance Charge of $050, which will be
we receive after the hour specified on your billing statement currentbilling 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 itio a
Upayment does notconform to the requirements stated will applyto your Account for a minimum of twelve balance with a lowrorAPR. In our sole discretion, we also may
above, crediting may be delayed. If this happens, additional consecutive billingperiods , 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 oranypaymems marked as being payment in APRequal 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 billingperiod is Late 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 Sheet Journal on (a) the first day Minimum Amount Due is not credited to your Account by the
such paymentswill not operate as an accord and satisfaction of thatbilling period or (b) the daythat is two days prior to the Payment Due Date The amount of the late Fee depends onthe
without our prior express writt en approval. Closing Dale ofthatbilling period, whichever is higher. in each amount of the Previous Balance on the statement onwbich the
Subject to applicable law, we wig 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 Laic Fee
Accourttinary order and manner determined byusin 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 suspendspublication,we may refer to the Prime Rate $400 or greater $38
first to balances al lower Annual Percentage Rates (AM ") published in any other newspaper of general circulation in
and then to higher APRbalances , and apply Purchase credits New York, New York, of we may substitute a similar reference Other Fees
first tothebalance from which the corresponding debit rate at our sole discretion. Any increase or decreaseto 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 biillingperiod. Anrncreaseinthe 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 yon may incur whenever any check, similar instrument, or electronic
discretion. You agree that we bave 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 awaythat is most favorable of AmountDua. nothonored upon first presentment
corn enientto us. If a Card is presented in connection with cashing a check at
Average Daily BalanceMethod 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 yo 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 abilling statement is
funds maybe 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 irnmediatelyprior 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 Reopening 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 $15 each time a
day afterthefrrst davofthebilling 5, Stop below. Ifpaymerl in full for any New Balance shown on the credits credited as of that day, and (4) make any appropriate wire transfer from yourAccount is initiated and authorized
statement for abIDing period is credited to your Account by adjustments. For each p 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 of interest equal to the previous each time we receive a request to stop payment ona
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 biting period in which such andthe beginning balance for that balance for the next day. lf billing period the New Balanceon your statement exceeds your
payment is credited to your Account. In addition. Finance this balance isnegative ,itis considered tobe 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 billingstatement for period and divide the total by the number of days in the billing Transaction Fee: We may assess a transact ion fee for each
that billingperiod 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 theNew Balance, if any, shown an the statements balance. Account, as disclosed inure applicable Promotional Offer, in
covering the two immediatelypreceding billingperiods is [ fyou multiply the Average Daily Hance for each balance m e materials accompanying the convenience check. oratthe
y days period and the DPR for time of the transaction. This fee is a Finance Charge and, if
credited to your Accountbythe respective Payment Due Dates b the number of das in the billing
shown onthose 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 billingperiod is calculatedby 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 y ou a bank, brokerage or similar asset account, however,
DPR for Cash Advances are each based on anAPR, which may Account.1his method of calculating the Average DailyBalanre unless otherwise disclosed in the applicable Promotional Offer,
vary. The APR for Cash Advances is the Prime Rate plus and Finance Charge results in dailycompoundingafFrnanre in the materials accompanying the convenience check, oratthe
17. 99%. ADPRis11 365thof the APR. Your DPRsand APR, for Charges. Wemayuse mathematical formulas which produce time of the transaction, there will beatransaction fee of3 %.
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 ecistingbalance subjectto Finance Charge, and related amounts. For example. we may S. 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 be 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 any Review Period any described in this Agreement. ATM by its operator), with a minimum of $5. This fee will be
portion of any Minimum Amount Due is not credited to your At our discretion, we may exclude certain categories of added to the Cash Advance balance.
debit transactions or fees from the calculation of the daily
FDR 974934 2
I I
Suspension!Cancellation . Arbitration Restrictions on Arbitration: IF EITHERPARTY ELECTS
In addition to any other actions we may take under this ' Purpose: This Arbitration Provision sets forth the TO RESOLVE A CLAIM BYA ,RBiTRATION,THATCLAIM
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 FORANY
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 belowyour 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 Curimember 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 ofthe authorityto resolve Claims is limited to Claims between you
law. Any such action on our part will not cancelyour obligation , above agreements ( Agreements "), except for the validity. and us alone, and the arbitrators authority to make awards is
to pay all Charges due on your Account under theterms ofthis enforceability or scope ofthis 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 ofthis Arbitration Provision, you!' brought byyou against us, or by us against you, may not be
subsequently amended, endynu agree to pay us all such and °us "also includes any corporate parent, orwhollyor joined or consolidated in arbitration with Claims brought by Or
Charges despite any such action We may advise third parties majority owned subsidiaries, affiliates, arry licensees, against someone other than you, unless agreed to in writing by
who accept the Card that The Card(s) issued toyou 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 am dispute with
Card or it expires, you may no longer use it and you must of any ofthe foregoing, and other persons referredto below in anyone who is not a namedparty to the arbitration.
destroy it or return it to us or, ifwe request, to a thirdparty. If the definition of'Claims" 'Claim" includes claims of every Notwithstanding any other provision in this Agreement
)•ouw=t to cancel the Account or auyAdditional Cards, you kind and nature, includingbut not limited to, initial claims, (including but not limited to the Continuation provision
must notify us and destroy theCar(l(s). counterclaims cross - claims and third-party clai ms 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 ofthis Restrictions on Arbitration
the new Agreement we send you (or, ifwe do not send you a statutes, regulations, common law and equity. "Claim' also provision be deemed im-alid or unenforceable, then the entire
new Agreement, this Agreement as it may be amended ) will includes claims by or against any th i rd patty using or providing Arbitration Provision (other than ibis sentence) shall not
govern your reinstated Account. When we reinstate your any product, service or benefit in connection with arty account apply.,
Account, we may reinstate any Additional Cards issued in ( including, but not limited to. credit bureaus, third parties wbo Arbitration Procedures: This Arbitration Provision is
connection with your Account, and bill you the applicable acceptthe Card, third parties who use, provide or participate in made pursuant to a transaction involving interstate commerce,
annualfee(s). fee- basedorfreebeneritprograms ,enrollment services and and shall hegovernedbytlie Federal Arbitration Act,9U.S.C.
Default rewards programs, credit insurance companies, debt collectors Sections I -16, as it maybe 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 governedby 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- par"th you or us (or files a Claim with or against you or Provision sball control if it is inconsistent with the applicable
Subject to applicable law, we may also consider your us) in connection with a Claim asserted byvou 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 oflimitations
youto us in connection with this Account or any other credit meaningthat will be enforced and includes, by wayof example and shall honor claims of privilege recognized atlaw and, at
program was false or misleading; ifyou breach any promise or and without limitation, any claim, dispute or wntroversythat the timely request of either party, shall provide a briefwritten
obligation under any other agreement that you may have with arises from or relates to (a) any ofthe accounts created under explanation ofthe basis for the decision The arbitration
us or with any of our affiliate, ifwe receive information any of the Agreements. or any balances on any such accounts. proceeding shall notce governed byany Federal orstate rules
indicating that you are bankrupt, intend toriile bankruptcy. or (b) advertisements, promotions or oral or written statements of civil procedure or rules ofevidence : Either party maysubmit
are unableto 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 lead ing us to conclude that you ire otherwise not any ofthe accounts or the terms offrnancing ,(c) the benefits under the applicable Code. The party submittingsucha.
creditworthy. In evaluatingyour creditworthiness, you agree and services relatedto Cardmembersbip (including fee -based request must provide a copyto the othcrpartywho 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 ofthe
"reports, and in our discretion we may consider the amount of programs), and (d) your application for any account. We shall objections providedbo the rcquestingparty, within fifteen (15)
debt you are carrying compared to your resources or any other not electto use arbitration under theArbitration Provision for days of receiving the requesting party's notice. The graining or
ofyour credit characteristics, regardless ofyour performance any Claim that you properly rile and pursue in a small claims denial of such a requestwrll be in the sole discretion ofthe
on this Account. We may also consider your Account in default. court ofyour state or municipality so long as the Claim is arbitrator, who shall notify the parties ofhis / her decision
in the event ofyour death.. individual andpending only in that court. within twenty (20) days ofthe objecting party's submission.
In the event ofyour 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 ofbusiness matters. Judgment upon
portion ofyour outstanding balance greater than the lit' you or' us, by arbitration pursuantto this Arbitration the award renderedbylhe arbitrator may be entered in any
Miniuiwn Amount Due, declare the entire amount ofyour Provision and the code ofprocedures ofthe national court havingjutisdictioiL Thearbhrator '.sdecisionwill befinal
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 providedby the
or cancel your Account and /or any feature that maybe offered at the time the Claim is filed (the 'Code'), except to the extent FAA. However, any party can appeal that award to three-
inconnection with the Account. You agree topayall the Code conflicts_ with ibis Agreement. Claims shall be arbitrator panel administered by the same arbitration
reasonable costs, including reasonable atorneys fees, incurred ' referred to either the National Arbitration Forum ( "NAF ")or organization, which shall consider anew any aspect ofthe
by us (1) in connection with the collection of any amount due theAmerican Arbitration Association (AAA'), as selected by initial award objected to by the appealing party. The appealing
on your Account, whether or not arryarbitration, litigation, or the patty electing to use arbitration. If a selection by us of parry 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 ariy loss, harm, or risk relatingtoany havethe right within30days after you receive noticeofour 'that it iscxercisingthe right of appeal. The appeal shall befiled
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 adm i nistrator. For a copy ofthe procedures, to rile a writing. The arbitration organization will then notify the other
Transactions Made in Foreign Currencies Claim or for other information about these organizations, partythat the award has been appealed, The arbitration
lfyou incur aCbargeina foreign currency, itwill be contact them as follows: organizationwillappoint athree- arbitratorpanelihatw�l
converted into U.S. dollars on the date A is process edby us or . NAF at P.O. Box 50191, Minneapolis, MN 55405; conduct an arbitration pursuant to its Code and issue its
our agents. Unless aparticular rate is required by applicable ' website: wzvw .arbitration- forum.com. decision within one hundred and twenty (120) days ofthe date
law, you authorize us to choose a conversion rate that is AAA at 335 Madison Avenue, New York, NY'10017; ofthe appellant's written notice. The decision ofthe panel shall
acceptable to us for that date. Currently, the conversion rate we website: ww*.adnorg. be by majority vote and shallbe final and binding.
use for a Charge in a foreign currency is no greater than (a) the Significance of Arbitration:IFARBITRATIONIS Location of Arbitration /PaymentofFees:Any
highest official conversion rate published by a government CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, arbitration hearing thatyou attend shall take place in the
agency, or (b) the highest interbank conversion rate identified NEITHER YOU NOR WE WILL HAVE THE RIGHTTO federal judicial district ofyour residence. Youwill be
by us from customarybanking sources, on the conversion date LITIGATE THAT CLAIM IN COURT OR HAVE JURY TRIAL responsible for payingyour sbare, if aay, of the arbitration fees
or the prior business day, in each instance increasedby2.7%. ON THAT CLAIM.FURTH FR, YOU AND WEW ILL NOT (including fding, administrative, hearing and/or othe r fees)
This conversion rate may differ from rates in effect on the date 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 ofthe 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, THEARBITRATOR'S DECISION WILL BE FINAL Claim. We will be responsible for paying the remainder of any
or delete W benefit, service or Feature that may accomparry AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU arbitration fees. At your written request,we will consider in
your Account at anytime 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 ofyour
MAY NOT BE AVAILABLE IN ARBITRATION. share of the arbitration fees for any Clain you initiate as to
which you or we seek arbitration. You will not be assessed any
FDR04434 3
I I
arbitration fees in excess ofyout share ifyou do not prevail in Notices Ifwe find that we made a mistake on your statement, you
any arbitration with us. Airy notice given by us shall be deemed given when well not have to pay any Finance Charges related to any
Continuation This Arbitration Provision shall survive deposited in the U.S. mail, postage prepaid, addressedto 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, andyou will have to make up any
the Account balance infullby you, any legal proceeding byyou Changing this Agreementfassign men tofthisAgreement missed payments on the questioned amounts. In either case,
or us to collect a debt owed by the other, any bankrnptcvbv We may change the teens of or add new terns to this we-will send you a statement ofthe amount you owe and the
you or us, and any sale by us ofyour Account (and in the case Agreement at any time, in accordance with applicable law Ive date that it is due.
ofsale, its terms shall apply to the buyer ofanyofyour mayapply any changed or new terms toanythen- existing Ifyou fail topaythe amount that we think you owe ,wemay
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 anyportion of this Arbitration written Agreement is a final expression of the agreement satisfy you and you write to us within ten (10) days telling us
Provision (other than the Restrictions onArbitration between the creditor and the debtor and the written that you still refuse to pay, we must tell anyone we report you
provision) is deemed invalid or unenforceable, it shall not Agreement may not be contradicted by evidence ofany alleged to that youbave a question about your statement, and we must
invalidate the remaining portions ofthis Arbitration Provision, oral agreement. We may also set, transfer or assign this tell youthe name of anyone we reported you to. We must tell
the Agreement or anypredecessor agreement you maybave Agreement and the Account at anytime without notice to you. anyone we report you to that the matter has been settled
had with us, each of which shallbe enforceable regardless of Y 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 maybe Ifwe do not followthese rules, we cannot collect the first
Waiver transferred to American Express Centurion Services $50 of the questioned amount, even Ifyourstatement'was
Our failure to exercise any of our rights under this Corporation ifyour Account is in default under the terms of correct.
Agreement. our delay in en forcing arty of our rights, or our this Agreement. Special Rulefor 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 ofproperty 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 youbave tried
Consumer Reports Account for all or part of such disputed Charge, we in goad faith to correct the problem with the merchant, you
You authorize its to request consumer reports about you, to automat ically 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 (excludingtort the property or services. There are two limitationsto 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 equallo the amount we credited to your not within your borne state, within 100 miles of your current
information for anypurposes , subject to applicable law. Account After we make such credit,youagree that without our mailingaddress; and (b) The purchase price must have been
You authorize us to furnish information concerning your consent youwill not pursue anyclaim against or more than $50.
Account to consumer reporting agencies, or others, subject to reimbursement from such third party for the amount that we These limitations do not apply if sve own or operate the
applicable law. If you believe information we have furnished credited to your Account, and that you will cooperate with its if merchant, or if we mailed you the advertisement for the
about your Account to a consumer reportingagency is we decide topursue the third party for the amount credited. property or services.
inaccurate, you should write to us at: American Express Credit A liceble Law Note for Ohio Residents: The Ohio laws against
Bureau Unit, P.O. Box 7871, Ft. Lauderdale, FL 33329.7871 and PP discrimination require that all creditors make credit equally
ThisAgreement and your Account, and all questions about available to all creditworthy rustomerS and that credit reporting
identify the specific information you believe is inaccurate their legality; enforceability and interpretation, arc governed by agencies maintain separate credit histories on each individual
You are hereby notified that information about your the laws of the State of Utah (without regard to internal
Account that ma haven nc tive im ct on our credit record r upon request. The Ohio Civu. 7 Rights Connmission administers
Y 8a Pa Y principlesofconf lictsoflaw ),andbyapplicablefederallaw.Ue compliance with this law.
may be submitted to a credit reporting agency if you fail to are located in Utah, bold your Account in Utah, and entered
fulfill the terms of your credit obligations. into thisAgreement with you in Utah.
Telephone Com munication s AMERICAN EXPRESS CENTURION BANK Agreement
You agree that from time to time we may monilorand/or Credit r and
record telephone calls between you (or Additional To American Express Cordmembers In The UniW States American Express r
Cardmembers on your Account) and us to assure the quality of and Its Territories Services Company, r
our customer service or as requiredby applicable law. Your Milling Rights - Keep This Notice for future Use Electronic Fund Transfer Services
You authorize us to call or send a text message to you at any This notice contains important information about your
number you give us or from which you call us, including rights and our responsibilities under the `Fair Credit Billing Once You Enroll In Pay By Computer, Pay By Phone Or Any
mobile phones.
You authorize us to make such calls using automatic Act' Other American Express Electronic Funds Transfer Senior
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
Electronic
but not limited to: suspected fraud oridentitytheft ;Account Account Statement Electronic .undsTransferAgreement(Ihc EFTAgreement ").
transactions or servicing offers of American Express products If youthink your statement is wrong or if you need more Scope of Agreement
and serviceg and collecting or, your Account You authorize us information about a transaction on your statement,writeuson This EFT Agreement covers your participation in the
to place prerecorded calls in connection with the statusofyour a separate sheetofpaperat the address for billing inquiries Program. In this EFTAgreement, the words °you " and "your"
account. or security and identity theft matter& listed on your statement. Write to us as soon as possible. We referto the Basic Cardmember and also include all Additional
You agree topay any fees or charges you incur for incoming must hear from you no laterthan 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 Travel Related
PrivacyAct of 1974 Notification also telephone us. but doing so will not preserve your rights. Services Company, Inc. The words "your American Express
Inyour letter, give us the following information: Accounts" refer to your card account governed byyour
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 Fxpress 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 Io the account
and departments (" Agencies'). As with Cardtransactions at believe there is an error. If you need more information, held by a bank, securities firm or other financial institution
commercial establishments, wbenyou choose to use your Card describe the item you are not sure about. from which paymentwill be made when you make
at an Agency, certain Charge information is necessarily Ifyou have authorized us to pzy 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 thirds is wrong. holds your Bank Account. The words "other options" refer to
Charges and payments. billing and collections activities and To stop the payment, )our letter must reach us three business electronic payment transfer options and/or other cash access
maybe aggregated for reporting, analysis and marketing days before the amotnatic payment is scheduled to occur. that American Express may make available from time to time,
activities. Additional "routine uses" of Charge information by including the option to pay your Account bill elect ronically
A envies are published periodically m the Federal Register. Your Rights and Our Responsibilities After We Receive
g P P Y g 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 andproducts that may be unless we have corrected the error by then. Within ninety (90) that is attached to this EFTAgreement. That agreement and
of interest to you- In this role we may act on behalf ofthe days, we must either correct the error or explainwhy we the capitalized terms in it also apply here.
insurance provider, as permitted bylaw. 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 arty Each time you initiate atransaction under the Program,
provider and product Also, we may receive additional amount you question, or reportyou as delinquent. We can you instruct and authorize its or our agent to draw a check or
compensation or fmancW benefit when AMEX Assurance continue to bill you forthe amountyou 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 BankAccount, payable to us or to our agent, in
insurer or reinsures for these products. The arrangements we ye ar credit line. You do not have to pay any questioned amount the amount ofthe transaction. The amount ofthe transaction
have with providers, including the potential to insure or while we arc investigating, but you are still obligated topaythe is the amount ofthe Account bill you paid or other funds
reinsure products, mayalso 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 9749M 4
I I
We may 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 agert 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,ifarry. soon as you can ifyou think your statement or receipt is wrong General Disclosure Statement. Any documentation
Dishonored Requests for Payments or ifyou need more information about a transaction listed on provided to you which indicates that an electronic hinds
If any check or ACH debit drawn by its 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 nothonored 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 byyou 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 its or with a participating bank, securities about, and explain as clearly as you can.whyyou believe it is an UNLESS OTHERWISE PROVIDED IN THIS EFT
firm, or other financial institution that allows aline of credit to error or whyyou need more information. AGREEMENT. YOU MAY NOT STOP PAYMENT 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 Ifyou 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 SAT15F1 ED
terms and conditions that govern its use. the date you notified us. THAT YOU WILL NOT NEED TO STOP PAYMENT.
Liabil' for We will tell you the results of our iuvestigation within 10 Disclosure of Accou Ififo rrnationtoThlyd Parties: If
Prompt Reporting business days' afterwchear from youandwcwBlcorredany i you give us your written authorization to disclose information
about you, yonrAccountor the trantsactionsthat youmake to
You must tell us AT ONCE ifyoubelleve a transaction error promptly. Ifwe need more time, however, we may take up
under the Program has been made without ouraidhorization. to 45 calendar days to investigate your complaint or question. arry 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 with in two days you you yauBank Account within 10 business days* for the amount Optional Limit on Obtaining Cash : You have the option learn about it you notify us that the transaction was you think is in error, so that you will have the use ofthe money to request that we limtthe total amount of cash that you may
obtain from ATMs in a single dayto $50. If you elect this
unauthorized we will not hold you liable for that transaction. during the time it takes us to complete our investigation. If we
In any event even if you fail to notify us, your liability for any
ask you to pit your complaint or question in writing and we do req
a will take all reasonable steps to comply with your
unauthorized transaction or series of related unauthorized not receive it within 10 business days' followi ng your oral
transactions shall not exceed $50. If you believe that someone notification, we may not recredityour Bank Account business days.
Qchusdts residents: W calendar days instead of
has transferred or may transfer money from your Bank If notification of an error is received within 30 calendar
Account without permission, all:1. 800 - 528 -4800 (within U days after your Bank Account is opened, we will have 20
or1- 336 - 393- 1111 (outside U.S.)anytime, or write: American business days to provide you with the results of our r
Express Credit Department, P.O. Bea 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 erratwewill send you a Return Protection offersyou guaranteed product
Our Liabilityfor [mpinperTransactionsorPayrrients written explanation within three business days after we finish satisfaction on designated itemspurchased entirelywith an
If a transaction, is not completed as you have directed or if our investigation. Upon your request we will provide you with eligible American Express Card If you try to return a
we do not complete a transfer to or from your Bank Account on copies ofthe 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 BankAccount 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 arty, causedby our error. notify you ofthe 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 CaMmemberAccount.
you in the following instances: agent to debityour Bank Account for this amount. You should Howto rile 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 ofyour request. Within 30 days from
credit limit; Ifthis happens, we may ancelyour right to participate in the the date of your initial call, weneedto receive the following:
• ifthe funds in your Bank Account are or were at the time Program. Original store receipt
of the attempted transaction subject to legalprocess or .American Express Card record of charge
other encumbrance restricting the transaction; Termination
• 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 transaction, despite Program, may add to or remove from the Program any or all your request
P p ATMs or extend or limit the services provided atanylocation nonce your requesthas been approved you will be
reas technical p recautions that wehave pr without notifying you beforehand. In addition, we may instructed to send the purchased item to us within 30 days.
• if a echn
transaction; malfunction knownto }rou prevented the r g y Y Please e a record of our shipping statement as ill
transaction; discontinue theProgmmata�vtime keep d y � g you w
y
• or any other exceptions stated in this EFT Agreement. Your right to participate in the Program will beterminated need to provide proofofshipping in the event that your
or suspended ifthe 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 shippingandbandlingchargesfortheitem .Therefund -up to
For purposes ofthis EFT Agreement, our business days are directly charge checks to your Bank Account, ifthe 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 madewhenyou make Cardmemberper year - will be reimbursed to you.
Arbitration transactions under the Program is dosed to withdrawal Limitations
The Card Account is governed bythe Cardmember transactions by us or our agents, if your participation in the Purchases mast 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 arty amount on your Card Account is past
Agreement. participate inthe Program, at any time, at our sole discretion, chic for one or more billing cyde(s) or your Card is canceled.
Privacv 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 pursiant to this EFT will send you written notice, but we may not send you the annuallyper 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 inworking
Policy. a copy of which was given to you together with your authorization for arty requested transaction, at any time, at our order to be eligible An item is eligible if it maynotbe returned
American Express Card To view our Privacy Policy online, sole discretion, with or without cause, and without giving you bythe Cardmemberto 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
participation in the Program but you must do so by writing to that has an established return / satisfaction guarantee program
Howto Contact Us us at the address disclosed in the Section of this EFT which is greater than or equal to the terms of Return
If for any reason you wish to contact us about the Program, Agreement entitled How to Contact Us. Protection, andprovides coverage for claim, will not be eligible
about your participation in the Program, or about transactions for a Return Protection Refund Product rebates, discounts or
relating to the Program, write or call us as follows: Prior Agreements and Assignments
Address: American Express Travel Related Services This EFT Agreement supercedes allptior agreements you money received from lowest prig comparison programs v
Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. may have with us relating to the Program. We have the rigbtto be deducted horn the original cost ofthe item. The maximum
Lauderdale, FL 33329 -7815 or e-mail us by clicking onthe assign this EFT Agreement to a subsidiary or affiliate company you will be compensated will not exceedthe manufacturer's
Customer Service link online atvvrvsv.americanexpress.com. at any time. suggested retailprice.
FDR 974934 5
I I
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 (includingarttiques, artwork, and risk, combustible, wear and tear or mileage stipidations Form Number: PP/EW- RDRI -VT 05107
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 Ptirchaie Protection
perfume, light bulbs, non - rechargeable batteries); jewelry and their parts used for agriculture, landscaping, demolition or
( including, but not limited to, loose gems,predousstones. 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; S. 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 livingplams; 9. Purchase Protection provides coverage for Your purchases
pagers; compact discs; digital video discs; mini discs; more than one article in apair 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 anyparticular part or parts, charge any portion of the price of the purchased item to Your
console games, Nintendo, etc.); maps; books of airy 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 installmentbilling; 11. additional service contract or extended Certain words used in this Description of Coverage are
airplanes) and their parts; land andbuildings; 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 buywhich already comes with an original United usedherein, the singular shall include the plural, the plural
notes, stamps andtmvelers checks); cash and its equivalent; States of America manufacturer's warranty, unless such shall include 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
Ifyou have anyquestions regarding a Return Protection or commercial use (this does not apply to OPEN United States ofAmerica based proprietary American Express
Request or the Return Protection program, please call our Cardmembers). Card, which is Current and in Good Standing, andwho has a
Customer Service Department at 1. 800.297 -8019. General Provisions Permanent Residence in the 50 United States of America, the
Excess Coverage District of Columbia, Puerto Rico or the U.S. Virgin Islands.
Fxten Covered Incident means t whether
If any loss under this polity is insured. under any ether Sep
The information below summarizes the terms and valid and collcctble policy. then this policy slWlcoversuch byaccident or vandalism. to any one item ofproperty
conditions of the Extended Warranty plan (formerlythe loss, subject to its exclusions, conditions, provisions and other purchased worldwide as a gift or far personal or business use
Buyer's Assurance Plan). Extended Warranty is underwritten terms herein, only to the extent that th e amount of such loss is and charged to Your Account.
by AMEX Assurance Company, Administrative Office, Green in excess of the amount of sucb other insurance which is Company means AMEX Assurance Company, and its duly
Bay, WI. Coverage is determined bythe terms, conditions, and payable or paid authorized agents.
exclusions of PolicyAX0953 and is subject to Change with Termination or Cancellation Current and in Good Standing means a Cardmember Account
notice. This document does not supplement or replace the Coverage will cease on the earliest of the following. 1. the for which the monthly minimum requirement has
Policy. Please callus at the number on hack ofyxur date you no longer maintain a permanent residence in the 50 been paid prior to the date in which the claim is payable.
American Express Card for a complete copy of yourterms United States of A merica, the District of Columbia. Puerto Rico Master Policyholder means American Express Travel
and conditions. Extended Warranty will extendthe terms of or the U.S. Virgin Islands; 2. the date we determine that you or Related Services Company, Inc.
the original manufacturer's wrantyforaperiodoftimeequal someone permanent Residence means theaneprimarydwelling
ar
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) additionalycar (Centurion Cardmembers up to three n longer a cardmember, 5. the date your account ceases to be to return.
(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 means a Ca described therein.
are eligible in the United Slates of America. available in the location where you maintain apermanent inum large C memb aired t e n Cardmember full o n t has a
Description of Benefits resideuce. Termination or cancellation of coverage will not Cor porat Charge Card {required d it paid in full monthly), a
prejudice claimori originating prior Corporate and - Anyot erCard i c hma erica encel bs
Wherealosshasoccurredduringthisplan 'sexlended p j any 8` gP Platinum Card- Atryother Card which mayreferencethe
warmntytime period of up to one (t) additional year cancellation subject to all other terms oftlte policy. The platinum name or has Platinum colored plastic will not receive
(Centurion Cardmembers up to three (3) additional years), we company has the right to cancel the policy at any time by 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 Policy means the Group Insurance Master Policy (AX0951
manufacturer's warranty on warranties of up to five (5) years. to you at your last known address. The notice will include the issuedto American Express Travel Related Services Company,
We willpay up to the actual amount charged to your account reason for cancellation. Inc.).
for theprodact for which aloss is daimed but not to exceed Form Numbers We, Us, Our means the Company.
W,000.Ifthe product also is covered by a purchased service EW-DOC-CCSG 102/07, EW-DOC-CCSG2 02/07, EW- You, Your means the Cardmember.
contract, this plan's extended warranty time period begins at DOC- OSBN102 /07.EW- DOC- OSBN202/07
the end of the service contract and emends the original Description of Benefits
manufacturer'' swarrantyforaperiodoftimeegnaltoihat Applicable for Residents oftheState ofAlaska We will pay You the expense charged to Your Account up to
warranty, up to one (1) additional year (Centurion Form Number. PP/EW -RDR] -AK 06/07 $1,000 for anyone Covered Incident and up to $50,000 for all
Cardmembers up to three (3) additional years). Iftbe Applicable for Residents in the States of Arizona and Covered Incidents during a calendar year. Purchase Protection
combined coverage of4te 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- OSBN`I 07107, EW- IND -OSBN2 07107 You purchased and charged to Your Account Our benefit
coverage applies. Extended Warrantydoes not reimburse for Applicable for Residents ofthe State of Kentucky payment will not include shipping and handling expenses or
shipping and handling expenses or installation, assembly, Form Number:PP/EW- RDR!- KY 05 /07 -Inthe 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 caned the policy at arty time by sending parry h n money received from lowestprice comparison programs that
payan amount notto exceed $50.000 for alllosses in a reduced the original cross of the property.
notice at least seventy -five (75) days in advance to you at your
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 lowest contingent upon Your Account being Current and in Good
price comparison programs that reducedthe original cost of Applicable for Residents of the State of Oklahoma Standing.
the property, Form Number: PP/EW- RDRI -OK 07/07 -The following is Onlya Cardmember has a legal and equitable right to any
rty, 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
contributed to or caused by: 1. any physical damage, misleading information is guilty of a felorry. sought was directly or indirectly, wholly or partially,
including• but not limited to, damage as a direct result of contributed to or caused by:
natural disaster car apower surge except to the extent the Applicable for Residents of the State of Oregon I. war or any act of war, whether declared or undeclared;
original manufacturers warranty except 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 oduct recall; or 3. fraud or section the following is removed: 3. fraud or abuse or illegal the service of any armed military force of am nation state
abuse or illegal activity ofany kind y the cardmember. activity ofany kind by the cardmember; recognizedbythe United Nations;
Applicablefor Resident: oftheState ofSouth Dakota 3. participation in a riot civil disturbance. protestor
Purchases Not Covered Form Number: PP/EW- RDRl -SD 05/07 insurrection;
The following are not covered: 1. products covered by an 4. violation of a criminal law, offenses or infraction;
unconditional satisfaction guarantee; 2. motorized vehicles Applicable for Residents of the State of Texas S. natural disasters, including, but not limited to
(including, but notlimited to, passenger cars, trucks, Form Number: EW- IATD -TX 07/07 hurricanes, floods, tornados, earthquakes or anyother event in
FDR 974934 6
I I
the course of nature, that occurs at the same time or in separate For residents of Missouri, no daim 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 maybe changed at arty time by providing notice to
6. fraud or abuse or illegal activity of anykindby 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 maybe examined at arty 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 maybe If anyloss under this Policy is insured under any other
8. negligent failure of a duty to care by arty 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 bya Cardmember whether the claim maybe paid. You must provide Us with loss, subject to its exclusions, conditions, provisions and other
has been temporarily placed; satisfactory Proofof Loss within thirty (30) days (for residents terms herein. only to the evert that the amount ofsuch loss is
9. not being reasonably safeguarded by You; of North 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 carriedbyhand and under Your with instructions and /or a claim form in response to Your payable or paid -
persoral supervision or under the supervision of a traveling Notice of Claim or Your claim may be denied. Your Proof of Fraud
companion known by You; Loss documentation may be mailed to Us at the same address If anrequest for benefits made under the Plan is
11. damage through alteration (including, but not limited provided above for mailing Your Notice of Claim. We reserve Y re q
to, cutting, sawingand shaping);
the right to request all the information We deem necessary
32. normal wear a dr
nd tear, inherent product defector determine at Your claim is payable, and We will not consider determined to be fraudulent. or if any fraudulent means or
devices are used by You or by anyone acing on Your behalf to
benefits, all benefits will be forfeited.
forfe
manufacturer's defects or normal course ofplay; that We have received complete Proofof boss until the We do not provide coverage b a Ca iced. er who,
13. damage or theft while under the care and control of a information Wehave requested is received. whether before or after a loss, has: 1. concealed or
common carrier; ProofofLoss may require documentation consisting of, but misrepresented any (actu on which we rd tithe
14. food spoilage or not necessarily limited to, the following: P Y
15. leaving property at an unoccupied construction site concealment or misrepresentation is material and is made with
For residents of Washington, the first paragraph ofthis 1. a Purchase Protection Claim Form; the intent to deceive; or 2. concealed or misrepresented any
2. the original itemized store receipt; fact if the fact misrepresented contributes to the loss.
section is removed and replaced with the following. We will eP
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 renters LegalActions
below. Loss will be considered to have been caused by an insurance); No legal action maybe brought to recover against this Plan
excluded event ifthe 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 maybe brought after three (3) years (for
in loss, regardless ofthe nature of any intermediate or final 5. for theft and vandalism claims, a report regarding the residents of Arkansas five (5) years and residents ofMissouri
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 authoritybefore You call to file a claim under to be given.
The following purchases are not covered: Purchase Protection. Ifa time limit ofthis Plan is less than allowedbytbelaws of
1. travelers checks, tickets of anykind, negotiable No payment willbe made on claims not substantiated in the state where You live, the limit is extended to meet the
i Fig ruments( including, but not limited to, gift certificates, gift the manner required by (is. 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. animalsorlivingplants; (30) days (for residents of North Dakota sixty (60) days) ofthe 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 intrust for Us the proceeds ofthe
( including. but not limited to, perfume, light bulbs, batteries); coverage maybe denied It is Your responsibility to provide all recovery and reimburse Us to the extent of Our payment. If
S. 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 maybe required to send in the damaged property at benefits of this Plan. We have the right to recover from Yea any
motorcycles or their motors, equipment, parts or accessories; Your expense for further evaluation ofYour 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
pairorset. Coveragewill be limited tono more than the value thirty (30) days (for residents ofNorth Dakota sixty (60) days) In the event ofany 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 ofsrch payment to all Your rights of
individually and cannot be replaced individually, regardless of Payment ofClaim recovery. You sball<xecute all papers required and stall do
any special value they may have had aspart of a set or A claim for benefits provided bytbis Plan will be paid upon everything necessaryto secure and preserve such rights,
collection; Our receipt and review of Your complete Proof of Loss includingthe 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 Plait. 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, butnot limited to, carpeting, flooring and/or tile; any other provision of this Plan will fully discharge Us to the We shallbe entitled to a recovery as stated in these
10. business fixtures, including, but notlimited to, air extent of such payment. provisions only after You have been fully compensated for
conditioners, refrigerators, heaters, and If other insurance is available to You which provides the damages by another party.
1.1. hospital, medical and dental equipment and devices. same or similar coverage as that provided by this Plan, th is For residents of Louisiana, the Right of Recovery.
Claims Provisions Plan becomes excess and We will pay onlythat portion of the Subrogation and Excess Coverage sections are revisedto
1fYou experience a loss for wbidt You believe a benefit is Covered Incident benefit which is not reimbursed by other reflect Ifthe 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 Cardmenber'.s right to be fully compensated.
Incident, including for gifts rchdwiththeCar. Retain d Change of Permanent Residence
� g purchased Termination or Cancellation
Your receipts and Your damagedproperty (if applicable) until If the change is to a different state. Your Policy provisions
the claim process complete. maybe adjusted to conform to the requirements ofthatstate. Coveragewill cease theearliestofthefollowing: ti the
P date You no longer maintain a Permanent Residence in the 50
Clerical Error
Notice of Claim United States of America, the District ofColumbia, Puerto Rico
Notice of Claim should be provided to Uswithin thirty (30) A clerical error made bythe Companywill not invalidate orthe U.S. Virgin Islands; 2. the date We determine thatYou'or
daysoftheloss. You may contact Us bycalling toll-free insurance otherwise val idly in force nor continue in someone on Your behalf intentionally misrepresented or fraud
stateside 1- 800 -322 -1277 or, if from overseas, bycalling collect not validly in force. occurred; 3. the date the Policy is cancelled; 4. the date You
1- 303 - 273 -6498. You may also write to Us at Purchase Cooformity with State and Federal yaw 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 rot invalidate a claim or reduce anybeneft payment that to comply with such law. Permanent Residence.
may be found to be eligible, if it eau be shownthat it was Entire Contr act; Representation; Change Termination or Cancellation ofcoverage will not prejudice
provided soon as reasonably possible. At the time You This Description of Coverage. the Policy and any any claim original ing prior to termination or cancellation
provide Us with Notice of Claim, Wew•ill 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 bysending a written notice at least forty five (45) days in
You are required to cooperate with Usandprovide anytime bywritten agreement between the Master advance to You at Your last known address. Thenoticewill
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 ifbeneftsare President or Secretary ofAMEX Assurance Company may Important Additional Information For You
payable. change or waive the provisions of the Description ofCoverage. 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 9749M 7
I I
property is received through the redemption of a Membership Applicable for Residents ofthe State 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 terns in the Policy. Please note that certain
exceed the original assignedvalue ofthe 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 pol icy document
cert ificate up to the stated limits, excluding shippingand No legal action maybe 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 ma 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 in force under the Policy, but only if such loss occurs within
This Description of Coverage replaces any other, 100 days fter the date of the accident which caused the in u
Description of Coverage that You mayhavepreviouslyreceived Applicable for ResidentsoftheState. ofNermont �a 1 rY
In the Termination or Cancellation section the following If more than one loss is sustained, benefits will be paid for the
for Purchase Protection. g reatesiloss.
This Description of Coverage is an important is removed g
document Please read it and keep it in a safeplace The Company bas the ri gbt 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 awritten notice at least forty five (45) days in • Loss of Life -100%
of Coverage to be signed by Our officers: advance to You at Your last known address. The notice will • Loss of both hands or both feet -100%
include the reason for cancellation. • Loss ofonc hand and one foot -100%
(,l ( And replaced with the following: • Loss of entire sight ofboth eves -100%
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 AMEX Assurance Company Your last known address. The notice will include the reason • Loss of one hand or one foot - 50%
PP- DOC- CCSG102107 for cancellation. • Loss ofthe entire sight of one eye - 50 %.
Applicable PP /EW-RDRI- VT05107 Common Carrier Benefit. 75isbenefitispayableifthe
PP Y Covered Person sustains accidental death or dismemberment
In the Termination or Cancellation section the following Applicable for Residents ofthe State of Alaska as a result of an accident which occurs while ridingsolcly 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 hasihe right to cancel the Policy at any time removed in its entirely and replaced with the followingwhich a Common Carrier Conveyance on a covered trip.
by sending awritten notice at least forty five (45) days in is added and madepart ofthe Description ofCoverage: Exposure and Disappearance. Ifthe Covered Person is
advance to You at Your last known address. The notice will These exclusions do not apply ifthe dominate cause of a un avoidably exposed to the elements because of an accident on
include the reason for cancellati on. 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 ofthe 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 ofsuch exposure, the Covered Person suffers a loss for which
by sending awritten 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 Person's bodyhas
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
s al Action
Applicable for Residents of the State of Oregon Leg contrary, that the Covered Parson suffered loss oflife as a result
In the Exclusions section the following are removed: 4. No legal action may be brought to recover against ill isPlan ofinjury covered by the Policy
violation ofacriminal law, offense or infraction; 6. fraud or until sixty (60) days after Proof of Loss has been receivedby
Us. No such action maybe brought afterthree (3)yearsfrom Beneficiary
abuse The ProofofL Loss ion is hereby a moved in ber, The Basic Cardmcmber may designate a beneficiar or
The Proof of Loss section is here removed in its entirety the time Prno(of lass is requiredto be giver.. Ifthae are any gn Y
a) claims the three year timeframe does not begin to run until change a previously designated beneficiary for himself or
and replaced whit the following after the claim has been denied. herself and his or her spouse or domestic partner and
ProofofLoss PPIEW- PDRI- AK06 107 'dependent children who are not Additional Cardmembers. An
Proof of Loss requires You to send Us all the information Additional Cardrnember may designate a beneficiary or
We request, at Your expense, in order that Your claim may be App] icable for Residents of the State o (Oklahoma change a previously designated beneficiary for himself or
evaluated and tbat 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 maybe 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 proceeds of an insurance policy containing any false, children, or Additional Caidinembem If no beneficiary is
response to Your Notice of Claim or Your claim maybe denied incomplete or misleading information is guiltyof a felony. designated benefits will be paid to the surviving person or
Your ProofofLoss documentation maybe mailed to Us at the PP /EW-RDR1- OK07/07 equally to the surviving persons in the first ofthe 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 -CCSG1 Exclusions
not consider that We have received complete Proof of Loss 07/07, PP- IND -CCSG2 07107, PP- iND -OSBNI 07/07, PP -IND- The Policy contains the following exclusions:
until the information We have requested is received. OSBN207 /07 . suicide or self- destruction or any attempt thereat, while
Proof of Loss may require documentation consisting of, but Toms, Form Number: PP- IND -TX 07/07 saute or insane; intentionally self - inflicted injury, suicide or any
not necessarily limited to, the following 1. Purchase 1 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 . ' Travel Accident Insurance is underwritten by AMEX
ty (g homeowners or renter s Assurance Company, Administrative Office, Green Bay, YVI. party, or faction engaged in war, hostilities, or other warlike
insurance); 4. a photograph of and/or repair estimate for the operations provided such agent is aging secretly and not in
damaged property; and 5. or theft andvandalism claims, a Coverage is determined by the terms, conditions, and
exclusions of PolicyAX0948 and is subject to change with connection with any operation of armed forces (whether
report regarding the stol en or vandalized property must be military, naval or air forces) in the country where the injury
filed with the appropriate authority before You call to fide a notice to you This document does not supplement car replace occurs that not be deemed an act of war
claim under Purchase Protection. the Policy. Please call us atthenumberat1- 800 - 437 -9709
No payment will be made on claims not substantiated in for a complete copy of your terms and conditions or ifyou injury to which a contributory cause was the commission
need do filim. ofor attempt to commit an illegal act byor on behalf of the
the manna required by Us. e a claim. Covered Person or his/her beneficiaries
If all required documentation is not received within ninety Travel Accident insurance provides accidental death and
q
(90) days ofthe date dismemberment insurance w g hiletravelin onaCommon • injury received while serving as an operator orcrew
documentation which has Covered furnish (except for ion whichhas not been furnished for reas o¢s Carrier Conveyance (plane, train, helicopter, ship, or bus) member of any conveyance
beyond Your control), coverage m be denied It is Your when the entire fare has been charged to the Card As a benefit • injury received while driving, riding as a passenger in,
may of Cardmembership, she Covered Person wit receive a benefit bearding or alighting from a rental vehicle
responsibility to provide all required documentation We . injuryreceived during or as a result of commutation
request. level of coverage depending on the type of American Express
q Card accountto which the entire fare for the Common Carrier • sickness, physical or mental infirmity, pregnancy, or any
You maybe required to send in the damaged property at medical or surgical treatment for such conditions, unless
Your expensafor further evaluation o(Your claim. If Conveyance was charged for the covered trip. Covered Persons treatment ofthe condition is required as the direct result of an
requested, You must send in the damaged property within include the basic Cardmembers each additional Cardmember, t
ninety (90) days from the date of Our request to remain eligible and each of these Cardmember's spouses or domestic partners o lam'
for coverage. and dependent children under 23 years of ago All Covered Termination or Cancellation
PP- RDRI -OR 05107 Persons must have a permanent residence within the 50 United Coverage wider the Policy will cease on the earliest ofthe
States ofAmerian or the District of Columbia. All other following:
persons are not Covered Persons under the Policy.
FDR 974,934 8
I I
• 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 Persous behalf intentionally treatment ofthe 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 from the same Rental Company, regardless of whether the
the date the basic Cardenembers account ceases to remain Car Rental Loss original agreement is Wended, or a new written agreement is
current and in good standing entered into, or a new vehicle is rented.
• the date the Plan is not available in the location when the Additionally, no coverage will be provided when the
Covered Person maintains apermanent residence. Primary Renter rents a Rental Auto for more than 30
The Company has the right to cancel the Policy at any time Description of Coverage consecutive days out of a 45-day period within the same
by sending awritten notice at least forty five (45) days in Car Rental Loss and Damage Insurance provides the What 75 mildius .
advance to you at your last known address. The notice will Cardmember, if the Cardmember the primary renter, r t heft 1i7ta a r is Covered
geographic market/location ( e radius).
include the reason for cancellation. defined below) with insurance coverage for damage to or theft ion. of most Rental Amos when the Cardmember uses the Card (as Car Rental Loss and Damage Insurance reimburses a
Form a real ors: r an
Forms in addition to DOC 03 /07 above are also described below) to reserve and pay for an auto rental from Cardmember for payments for damage to or theft of a Rental
applicable to residents in the following states: anv Commercial Car Rental Company ('Rental Company ") Auto that the Cardmember is required to make, up to the lesser
I - RD
I -CI orber than th ose located in Australia, Ireland, Israel, Italy, of 1) th e actual cost to repair 1be Rental Auto, 2) the wholesale
Con n ecticut Form Number. TA
Co
Illinois, Form Number: Number: TAI- I-CT 03107 Jamaica, and New Zealand.' This coverage is always excess Book value minus salvage and depreciation costs, or 3) the
Kansas, Form Number: TAI - RDRI -ICS 3/0 7 insurance. purchase invoice price of the Rental Auto minus salvage and
K
K Maine, sas rmNumbe TAI-ME 03/07 Rental Auto means afaur- wheded,two-axle passenger- depredation costs. The coverage also reimburses the
Minnesota, Form Number: RDPI- E 03 03!07. In the type motor vehicle, designed for and soldto accommodate. Cardmember for reasonable charges (thou charges incurred at
Min
Exc
Exc action the following replaces the exclusion Private passenger transport on public roads. the do=t facilitythat are usual and customary in the vicinity
regarding illegal ads: injury in which a contributory cause was Who is Eligible for Coverage R ent a l h mpany suc a towi o stor age) i d Los
ofs e
You are eligible for coves if Rental Company; such as towing or storage and Loss of to a
the commission ofar attempt to commita fdorryby or on � Loss of Use means the urtavallabiiity of a RentalAuto and
behalf of the Coveted Person or his beneficiaries. 1. You area Basic or Additional Cardmember and an consequent loss of raemte by the Rental Companydne to
Nevada, Form Number: TAI - RDRI -NV 03/07. in the American Express' Card or Optima' Cardin associationwith damage or theft Unless otherwise required bylaw, the Rental
Termination and Cancellation section the forty five (45) day that Card (the "Card ") has been issued to you in your name;
advance written notice isreplacedbya sixty (60) day advance 2. You are ofan account status and class that is provided Company must submit a fleet utilization log indicatingthat
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 Aurowas available; and
3. Your Card account is billed from a U.S. o eratin center 2. there was a demand for a Rental Auto. Persons does not include language States es of m permanent P g
residence within the 50 United StatesofAmericanorthe in US. dollars; and Cat Rental Loss and Damage Insurance covers no other
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
United States the Cardmember's Rental Auto, damageto any other driver's
found in the E xclus i on suicide car or the injuryof anyone or anything is riot covered
suicide attempted suicide or intentionally self-inflicted or theU.S.VntReslands NotzThis policy does not provide liability or any other
injury Permanent Residencemeanstho Covered Person's one rov� as llm'nsured Motorists benefds rmderany
. war or any ad of war, whether declared or undeclared; primary dwell ing place where the Covered Person permanently
parti cipation in a felony, riot or insurrection; se rvice inth e resides and intends to return. 1*rker's Compensation law, Disability benefits law or other
Armed Forces or units auxiliary thereto
A Personal, Gold, or Rewards Plus Gold Cardmember who mandated Government Plans.
• injury in which a contributing cause was the Covered is enrolled at an accredited four -,year college, university or What Excess Coverage Means
Persons commission of or attempt to commit a felonyor 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 Persons being benefits provided as a benefit of Cardmembersbip is not insurance plan. This means thatthis excess coverage will
engaged in an illegal occupation eligible for benefits under this Policy. reimburse the Cardmember onlyfor losses/expenses not
- sickness, except for an infection that was the result of an Commercial Car Rental Company or Car Rental covered byplans, such as a partial collision damage waiver, any
Injury Company means arty commercial car rental agency which personal auto insurance, employer's auto insurance or
mental or emotional disorder rents Rental Amas.' For the purposes of this Description of reimbursement plan or other sources of insurance - When these
pregnancy, except complications ofpregnancy and except Coverage Commercial Car Rental company means " Remal 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 sucb other Plans, that any such Plans do not
• the consequence of the Covered Persons 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 ofany narcotic unless activated when the Cardmember' Cardmember.
administered on the advice of a physician. 1. presents his or her eligible Cardto the Rental Company Vehicles Not Covered
In the Termination 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 ahold or deposit at the time the Rental Auto is checked rentals of
longer maintains a permanent residence in the 50 United out; 1. 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 thelanguage regarding misrepresentation or fraud: offered by the Rental Company; 2. exotic cars regardless of year or value, indudingbut 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 andtaking 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, CadillacAllank and all Porsche, Ferrari, Lamborghini,
Oklahoma, Form Number. TAI - RDRI -OK 03107. In the Rental Companyat 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;
regardingwar: 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 militaryservice or airy 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, maybe the Primary Renter ifhe /she is Econoline or Club Wagon, ChevyVan or Spoitvau, GMC
Texas, Form Number: TAT- RDRI -TX 03107. Covered the Cardmember entering into the rental transaction. Vandura and Rally, Dodge Ram Vans and Ram 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 the manufacturer's factory specifications except for driver's
children; grandchildren who art unmarried and dependent on Coverage for theft of or damage to the Rental Auto terminates when: assistance equipment for the physically challenged;
the Cardmember for tax purposes at the time the application 6. vehicles used for hire or commercial purposes;
I . the Rental Company resumes control of the Rental
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: Passengerklini -Vans (not Cargo Nlini -Vans) with
and are beyond the termination age. 2. the Policy is cancelled factory specified seatingcapacity af8 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 th e exclusion Ford 1Ymdstar and Nissan Quest, are covered when rented for
regardi rig suicide: suici deor self- destruct ion or airy attempt personal or business use only.
thereat, while sane; intentionally self- inflicted injury, suici de
FDR 9749M 9
I 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 ofthe Insurer, the unit within 15 days ofwhen the Cardmember is served. Failure
9. limousines-, claim maybe denied to comply may result in denial of benefits.
10. full-sizedsport utility vehicles. including but not A representative will answer any questions aCardmember Additional Information for You
hmited to, Chevrolet/GMC Suburban, Tahoe and Yukon, Ford mayhave ail it will send the Car dmembe r a claim form with This coverage is underwritten by AMEX Assuran ce
Expedit ion, Lincoln Navigator ,, Toyota L and Cruiser.Lexus instruct ions, Complete and signthe claim form. Written proof Company (" Insurer ")Ill rough insurance Pol icy AX0925 (the
LX450, Range Rover or full -sized Ford Bronco; of loss, which includes the claim form and all other requested 'Policy") issued to American Express Travel Related Services
1. sport/utility vehicles when driven "off - road "; and documentation (listed below), must be received within 60 days Company, Inc. and its participating subsidiaries, affiliates and
Note: Compact sport /utility vehicles, including but not following the date ofthe damage or theft liy. American Express licensees. The Policy maybe changed or terminated
limited to Ford Explorer, Jeep Grand Cherokee, Nissan Car Rental Loss and Damage Claims Unit, PO Box. 94729, This Description of Coverage is alt important document
Pathfinder, Toyota FourRunner, Chevrolet Blarerandlsucrr Cleveland, Ohio 44101-4729. Ifthe proofofloss and other Pleasekeep it in a safe place. Although it describes the present
Trooper and Rader are covered when driver" on paved roads. documentation is not received within 60 days ofthe date of form of insurance as it exists at the time ofprinting, this
12. off-road vehicles, motorcycles, mopeds, recreational loss, coverage maybe denied document is not the Policy or contract of insurance The
vehicles, golfer motorized carts, campers, tmilers and any Required documentation may consist of, butts not limited benefits described in this document are subject to all ofthe
other vehicle which is not a Rental Auto. to: terms, conditions and exclusions ofthe 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 ofthe terms Rental Auto contract or machine generated receipt to show t
and conditions ofthe Rental Company agreement (including rental was charged and paid for with anAmerican Express
but not limited to losses occurringwhcn:apersonnot Card; �VOO
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 ofthe vehicle; or, 5• photos ofthe damaged vehicle, if available; AMEX Assurance Company AMEX Assurance Company
driving the vehicle outside ofthe 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, if a
3. costs attributed to the Commercial Car Rental stating no insurance; Membership Rewards redemption cert fi rale is tire(, coverage is
Comparty's normal course of doingbnsiness; 7. a copy of all claim documents and correspondence, provided only to Rental Autos rented in the United States.
4. intentional damage; provided by the Car Rental Company; 2. Mien used in conjunrion with a Membership Rewards
5. illegal activity, such as losses where the Rental Auto was S. a copy ofthe Rental Company's utilization log; redemption certificate. theparticipating Car Rental Companies
used for, or involved in illegal activity or felony, 9. a copy of the driver's license of the Cardmember andjor 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. Deligrbieandenrolledin Membership Rewards, coverage is
7. alcohol intoxication on the part of the driver, as defined 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, Rewardsredemotion certificate and (2) « ses a Membership
S. 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 CarRental Company. Important notefor those enrolled in
administered by a Doctor); 11. information pertainingto 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. radioact ivity; 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, i nduding gradual deterioration; received within 180 days ofthe date ofloss (except for Cardmembers andlor non-Cardmembers.
13. damage which is due and confined to freezing, documentation which has not been furnished for reasons 2 Does not apply to New York State residents.
mechanical or electrical breakdown or failure unless such bcyondthe Cardmember's control), coverage maybe 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; Ifthe Company makes anypaymcnt under this Policy and
15. theft or damage to unsecured vehicles; except that payment may be made, at the discretion ofthe the Cardmember has the right to recover damages from
16. theft ofor damage to tires (flats or blowouts), unless Insurer, jointly to the Cardmcmber andihe CommercialCar another, the Company shall besubrogatcdto That riot.
damaged by fire, malicious mischief, vandalism, or stolen, Rental Companywben the Car Rental Companyhas not been However, the Companyts right to recover is subordinate to the
unless the loss is coincident with and from the same cause as reimbursed for the covered loss or damage, or the Cardmember's right to be fully compensated.
other loss covered bythe Policy; and Cardmember has not validly assigned his/herpaymentstothe CRLDI- RDRl -LA 11/05
17. off -road operational` the vehicle. Rental Companyor anyotherparty. Additional Information for Residents of South Dakota
Car Rental Loss and Damage Insurance does not rover, 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 ofclaim frTing or on the date ofpotential claim payment, with the following:
1. sales tax related to repair ofdamages, unless any amormt 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 isrequiredbylaw is cancelled.' losses caused by or contributed to by.
2. damage to arryvehicic other than the Rental Auto; Rights of Recovery 5. violation ofcriminal law, or commission of a criminal
3. damage to any property other than the Rental Auto, In the event of apayment under this Policy, the Insurer is act, whether cited or charged;
owner 'sproperty, or items not permanently attached lathe entitled to all the rights of recovery that the Cardmember, to Under Losses Not Covered, item number 7. is replaced
Rental Auto; 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
5. 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 Insurer's rights. alcohol level for a felony conviction in the state or locality in
insurer, employer or employers insurer, or authorized drivers When a Cardmemben 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- shall be held by that Cardmember or Commercial Car Rental Additional Information for Residents of Vermont
S. diminishment of Company intrust for the Insurer and reimbursed to the extent Under Losses Not Covered, the following item is hereby 9. any Rental Auto used for hire or commercial emoved:
al purposes; ofthe Insurer's payment.
and 7. alcohol intoxication onthe part ofthe driver, asdefined
Asa condition precedent to coverage, the Cardmember is in the state where the Accident occurred;
70. 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 legalproceedings by CRLDT•RDRl -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 N isconsin
Notification of damage. including vandalism, theft, or an statements, including sworn statementsand 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 ofwhether the Rental Auto is involved wit ArOtfiitetion of Le al Action used for, or involved in illegal activity or felony,
other vehicles.Failuuretonotif resuultindenialofbenefits. g 7. alcohol intoxication on the part ofthe driver, asdefined
Y may Whenafardmemberissenedwithsuitand /or summons in the siatewhere the Accident occurred;
Ifa loss occurs, a Cardmember should promptly notify the papers relating to a Car Rental Loss and Damage claim, the 8. voluntarily taking any drug or acting under the
Car Rental Loss and Damage Claims Unit toll free at Cardmember must notify (see address and phone number
(800) 338.1670 in the U.S. only or call (440) 914.2950 from influence or effect of that drug (unless taken as prescribed or
under Claims Notice section) and provide copies ofthe suit or administered by a Doctor);
FDR 9749M 10
I I
Under Losses Not Covered. the foll owing item is added:
AS. The use ofthe Rental Auto for unlawfinpurposes, or for
transportation ofliquor.in violation of law, or:while the driver
is under Ihe of an intomcam 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 anyother drugto
a degree which renders him or her incapable of safely driving,
or any use of the motor vehicle in a reckless manner.
CRLDI-RDR1-W! 11/05
Additional Information for Residents ofV9est Virginia
Under HowBenefifs are Paid, lbe Footnote, to the note
that reads:
Note: Benefits will not be,pafd 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 - "count is past due or Your Card
is.cance&4 -is hereby revised fo read as follows:
Does not apply to Wiest Virginia and New York'.State.
residenti.
CRLDI= RD'Rl- WV 11/05
Additi onal In formation for Residents of North Carolina
Aportion ofthe fees associated with this Card are,appl'i
to the insurance benefit.
CRLDI=RDRI-NC 11/05
The. followvng form nu tubers are applicable to - residents ul
the following states:
• Arizirnnanddndiana ,ForrnNurobers: CRLDI- I1dD =CCSG
11 /05 ;'CRLl)1- IND-OSBN 11!05; CRLDFIND -PLAT 11105;
CRLDI= IND -CEN 11 /65;CRLDI- IND -OSBN -PLAT 11/05;
CRLDI'-IND -Endl 10/08
Texast.Form Numbers: CRLDI- IND- CCSG -TX it /05,;
CRLDI- IND- OSBN-TX 11105; CRLD1- IND = PLAT- TX:11 /05;.
CRLDI- IND- CEN -TX 11105; CRLDI- IND -0 BN- PLAT -TX
11705:
The ' following is to the policy.- Thispolicyonly
provides coverage if you dedinc,tliefull Collision Damage
Waiver offered"c Rental Company. This policy is not,
m
autoobile liability insurance and does not comply witb:any
fitrancialresponsbilitylaw Your' personalautomobile
insurance policy may or may not provide coverage for your
responsibility for the loss of or damagelo a rented. vehicle
durihg the rental term. Before d &idingwheflrer to purchase a.
damage waiver, you may wish to determine whether your -
automobile insurance policy provides you coverage for rental
vehicle damage orloss: Ifyou file aclaim under your personal
automobile insurance policy, your insurance company may
choose torn renewyour polity atyour renewal date, but may
do so only: if you areal fault for the claim..
ATermination and Cancellation section'is added:
Coverage will cease on the earliest of the following - the dare
yoti ho longer maintain apermanent residence iii the 50.
United States ofAmerica or the District'of Columbia; the date
we determine that you.or someone on your behalf intentionally
misrepresented or fraud occurred; the date we cancelthe
policy; the date you are no longer a Cardruember; 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 (95) daysin advance. We may
not-cancel or non -renew this Policy.based solely on the fact
that youare an eleded'officiaL
FDR 979934 11.
I I
kM'c= :i{AfJ
EMPRESS
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FDR 974934 12 @ 2009 America¢ Express
I I
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Blue from American Expmesssm P. 113
sYLvmaALAZAR
Closing Date 11/o0na Account Ending Woua
....... ... .......... ... .......
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! PWe�/&�m�om�� $12,400.61 Earn points on all of your
I purchases, everywhere you use
Minimum Payment Due $124.00
the Card.
Visit www.americanexpress.com/rewards
Payment Due 0m�m ��/�G/�� � `--------'--------------�
Account Summmr
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Late Payment Warning: |f*edo not receive ynu,mmimvm Payment oueby
Previous Balance $12,605.61
the Payment o e Date listed above, You may have to pay a late fee vfu t
$as.00 and your Purchase APR maybe increased tv the Penalty APR of2r.z4e. New Charges +$0.00
Interest Charged +$0.00
'
Minimum Payment Warning: If you make only the minimum payment each period, mwwmallance
you will pay more iv interest and it will take You longer to pay Off Your balance. For |Minimum Payment Due $1u*' no(
example:
�
Credit Limit $2*,000u0
If you m n-----1 i Y ou w ill � Avai|"mec�a� $11.599a9
charges and each month you estimated total of...
pay a bout Cash Advance Limit $ozw
xvui/uu/,cv*x $o»o
Onlythe
Minimum Payment Due
^^'""" l $21 � Days i" Billing Period: 30 |
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Customer Care
��u��|i����vb�c��umn�i�u�c�oU1���1ae �a '�
�t Seepage o for important information about your account.
1 1-888-250-3741 1-800-472-9297
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Thbstatement b for information purposes only, This b not abill. Please L1 See Page 2 for additional information
contact your collections agency for account information. Disregard thn ----------------J
Min imum Payment Due, your account isin default and the balance isdue
ill full.
4 p|eu,vmmvo the perforation uelow detach and return with your payment J
p*ymemtcvnpvn PaybyComputer parbvp*vwr Accou,tsnu/n=s00o
oo not staple o, use »a per clips ^me'/ca»mp'esx.mm/puc 1-800-472-9297 Eote,accvvmnumuv,un all documents.
mau,cherkpuvameto American Express.
5YLVA5ALAZAR Payment Due Date
50 LONG NW
CARLISLE PAl7ulJ'8l32 New Balance
Minimum Payment Due
|UIII III " III III '|||U|'|||'|"'U||U" III Ill |1|U'|U|;h|U'|
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phone number has changed. P.O. BOX 1270
Note chavye,00,eve,,eumo. NEWARK N]O7101'l27O
_S_ YLVIA SALAZAR _ Account Ending 030 _ p. 21 3
Payments:You r payment must be sentto the payment address shown on your statement and must be received by 5 p.m. local time at that addressto
be credited as of the day it is received. Paymentswe receive after 5 p.m. will not be credited to your Account until the next day. Payments must also:0)
include the remittance coupon from your statement; (2) be made with a single check drawn on a US bankand payable in US dollars,orwith a
negotiable instrument payable in US dollarsand clearableth rough the US banking system;and (3) include your Account number. If your paymentdoes
not meet all of the above req ui rements, cred king may be delayed and you may incur late paymentfees 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 curiency,we will convert it into US dollars at conversion rate that is acceptable to us, unless a particular rate is required bylaw.
Please do not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect onus
without our express prior written approval.We will re- presentto your financial institution any payment that is returned unpaid. You may pay more than
the Minimum Payment Due, upto your New Balance, at anytime,
Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electron icallywithdraw your paymentfrom
your depositor other asset account. We will process checks electronically bytransmitting the amount of the check, routing number, account number
and check serial number to your financial institution, unless the check is not ptocessable 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 depositor other asset account statement. If we cannot collect the funds electronically
we may issue a draft againstyour deposit or 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 fundsfrom the deposit or 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 WeCalculateYourBalance We use the Average Daily Balance (AD B) method (including new transactions) to calculate the balance on which we
charge interest on your Account. Call the Customer service number listed belowfor more information about this balance computation method and
how resulting interest chargesare determined. The method we use to figure the ADB ond interest results In dailycompounding of interest,
Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you intereston your purchases if you paythe
New Balance by the due date each month. We will chargeyou interest on cash advances and (unless otherwise disclosed) balancetransfers beginning
on the transaction date.
Foreign Currency Charges: If you make Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it.
We will charge a fee oft. 7 %oftheconvertedUS dollar amount We will choose a conversion rate that is acceptable to us for that date, unless a
particular rate is required bylaw. The conversion rate we use is no more than the highest official rate published by agovernment agency or the highest
interbank rate we identifyfrom customary banking sources on the conversion date orthe prior businessday. This rate mayd iffier 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 maybe reflected in your credit report.
Customer Care& Billing Inquiries 1 -888- BLUE -741 Hearing Impaired Wehbsitw americanexpress.com
1- 888 -258 -3741 TTY: 1-800-221-995 0 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 I &Billinglnquities Payments
Cash AdvanceatATMs Inquiries 1- 800 -CASH -NOW I P.O. BOX 98i535 P.O. BOX 1270
EL PASO, TX NEWARK NS
79998 -1535 07101 -1270
Change of Address
If correct on front, do not use. Pay You r Bi I I with AutoPay
• To change your address online, visitwww. americanexpress .com /updatecontactirto
• For Name, Company Name, and Foreign Address or Phone changes, please cell Customer Care. •Avoid latefees
• Please print dearly in blue or black ink orgy in the boxes provided. Save time 1
I
l SM Deduct your payment from your bank
ttjJ rl. account automatically each month s
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SYUn4S4L«ZAn
Closing Date 11/20/13 Account Ending Woon
Payments and Credits
1 Summary
Total
Payments 4205.00
Credits $0.00
ToW Paymentsand Credits -$205,00
'D�aU '/"o'=*"'".��date —'----------------------'---------------------------]
�---'--'--------'--'-----'--------'-------------'--'—'-----'--'--'-------------_--'__---'-----]
Payments Amount
10a213° AGENCY REMITTANCE 4205u0
Fees
Amount
Total Fees for this Period
$una
Interest Charged
Amount
Total Interest charged«v, this Period oo.nw
1 2013 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2013 $0.00
Total Interest in 201 $0.00
Interest Charge Calculation
Your Annual Percentage Rate (*'mis the °nn"m interest rate "" your account.
Transactions Dated Annual Balance Interest
From TO Percentage Subjwctto cxonge
------ --------- ---- ------' ........ ....... ....... ------ - --------------- .11ate
Purchases
Cash Advances 08/21/2003 ouw%
Total
$0.00
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson I_;:.
Sheriff r3 h?(")
Jody S Smith
Chief Deputy _ 2 4 MAR 10 PM 3: 32
Richard W Stewart CUMBERLAND CL °1,
Solicitor ovc;ce PENNSYLVANIA
American Express Centurion Bank
vs. Case Number
Slyvia Salazar 2014-982
SHERIFF'S RETURN OF SERVICE
02/24/2014 10:12 AM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Slyvia Salazar at 50 Long View, Carlisle, PA 17013.
DEN .r. FRY, DEPU j/
SHERIFF COST: $34.78 SO ANSWERS,
February 25, 2014 RONNY ANDERSON, SHERIFF
,r _ ei soli