American Express Centurion Bank Plaintiff vs. Huyen Luu Defendant

About your Cardmember

Agreement

This document together with Part 1 make up the

Cardmember Agreement (Agreement) for the Account

identified on page 1 of Part 1. Any supplements or

amendments are also part of the Agreement.

When you use the Account (or you sign or keep the

card), you agree to the terms of the Agreement.

Changing the Agreement

We may change this Agreement, subject to applicable

law. We may do this in response to the business, legal or

‘competitive environment. This written Agreement is a final

expression of the agreement governing the Account, The

written Agreement may not be contradicted by any alleged

oral agreement.

We cannot increase the interest rate on existing balances

except in limited circumstances,

Changes to some terms may require 45 days advance

notice, and we will tell you in the notice if you have

the right to reject a change. We cannot change certain

terms during the first year of your Cardmembership.

Words we use in

the Agreement

We, us, and our mean the issuer shown on page 1 of

Part 1. You and your mean the person who applied for

this Account and for whom we opened the Account. You

and your also mean anyone who agrees to pay for this

Account. You are the Basic Cardmember. You may

request a card for an Additional Cardmember (see

About Adaltional Cardmembers in Part 2).

Card means any card or other device that we issue to

access your Account. A charge is any amount added to

your Account, such as purchases, cash advances,

balance transfers, fees and interest charges. A

purchase is a charge for goods or services. A cash

advance is a charge to get cash or cash equivalents.

A balance transfer is a charge to pay an amount you

owe on another credit card account.

To pay by a certain date means to send your payment

so that we receive it and credit it to your Account by

that date (see About your payments in Part 2).

About using your card

Using the card

Promise to pay

You may use the card to make purchases. At our

discretion, we may permit you to make cash advances or

balance transfers. You cannot transfer balances from any

other account issued by us or our affiliates.

You may arrange for certain merchants to store your card

number and expiration date, so that, for example:

* the merchant may charge your account at regular

intervals; or

* you may make charges using that stored card

information,

You promise to pay all charges, including:

We may (but are not required to) tell these merchants

if your expiration date or card number changes or

if your account is cancelled. You must notify the

merchants directly if you want them to stop charging

your Account.

Keep your card safe and don't let anyone else use it.

If your card is lost or stolen or your Account is being

used without your permission, contact us right away.

You may not use your Account for illegal activities.

© charges you make, even if you do not present your card or sign for the transaction,

* charges that other people make if you let them use your Account, and

© charges that Additional Cardmembers make or permit others to make.

Credit limit and cash

advance limit

We assign a Credit Limit to your Account. We may make

part of your Credit Limit available for cash advances

(Cash Advance Limit). There may also be a limit on the

amount you can withdraw from ATMs in a given period.

The Credit Limit and Cash Advance Limit are shown on

page 1 of Part 1 and on each billing statement.

We may increase or reduce your Credit Limit and Cash

Advance Limit. We may do so even if you pay on time and

your Account is not in default.

You agree to manage your Account so that:

® your Account balance (including fees and interest)

is not more than your Credit Limit, and

© your cash advance balance (including fees and

interest) is not more than your Cash Advance

Limit.

We may approve charges that cause your Account

balance to go over your Credit Limit. If we do this,

we will not charge an overlimit fee. If we ask you to.

promptly pay the amount of your Account balance

above your Credit Limit, you agree to do so.

Declined transactions

We may decline to authorize a charge. Reasons we may

do this include suspected fraud and our assessment of

your creditworthiness. This may occur even if the charge

would not cause you to go over your Credit Limit

and your Account is not in default. We are not

responsible for any losses you incur if we do not

authorize a charge, And we are not responsible if any

merchant refuses to accept the card,

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Page 1 of 8About your payments

When you must pay ‘You must pay at least the Minimum Payment Due by

the Payment Due Date. The Minimum Payment Due

and Payment Due Date are shown on each billing

statement.

Each statement also states the time and manner

by which you must make your payment for it to be

credited as of the same day it is received. For your

payment to be considered on time, we must receive

at least the Minimum Payment Due in such time and

manner by the Payment Due Date shown on your

billing statement.

Each statement also shows a Closing Date. The

Closing Date is the last day of the billing period

covered by the statement. Each Closing Date is about

30 days after the previous statement's Closing Date.

How to make payments Make payments to us in U.S. dollars with:

* asingle check drawn on a U.S. bank, or

* asingle negotiable instrument clearable through

the U.S. banking system, for example a money

order, or

* an electronic payment that can be cleared through

the U.S. banking system,

When making a payment by mail:

¢ make a separate payment for each account,

mail your payment to the address shown on the

payment coupon on your billing statement, and

‘© write your Account number on your check or

negotiable instrument and include the payment

coupon.

If your payment meets the above requirements, we

will credit it to your Account as of the day we receive

it, as long as we receive it by the time disclosed in

your billing statement.

How we apply payments and Your Account may have balances with different

credits interest rates. For example, purchases may have

a lower interest rate than cash advances. If your

Account has balances with different interest rates,

here is how we generally apply payments in a billing

period:

© We apply your payments, up to the Minimum

Payment Due, first to the balance with the lowest

interest rate, and then to balances with higher

If we receive it after that time, we will credit the

payment on the day after we receive it.

If your payment does not meet the above

requirements, there may be a delay in crediting your

Account. This may result in late fees and adcitional

interest charges (see How Rates and Fees Work on

page 2 of Part 1).

If we decide to accept a payment made in a foreign

currency, we will choose a rate to convert your

payment into U.S. dollars, unless the law requires us

to use a particular rate.

If we process a late payment, a partial payment, or a

payment marked with any restrictive language, that

will have no effect on our rights and will not change

this Agreement.

.

After the Minimum Payment Due has been paid,

we apply your payments to the balance with the

highest interest rate, and then to balances with

lower interest rates.

In most cases, we apply a credit to the same balance

as the related charge. For example, we apply a credit

for a purchase to the purchase balance. We may

apply payments and credits within balances, and

among balances with the same interest rate, in any

interest rates. order we choose.

About your Minimum Payment Due

How we calculate your To calculate the Minimum Payment Due for each

Minimum Payment Due statement, we start with the higher of:

(1) interest charged on the statement plus 1% of the

New Balance (excluding any overlimit amount,

penalty fees and interest on the statement); or

(2) $35.

Then we add any penalty fees shown on the

statement and 1/24th of any overlimit amount, round

to the nearest dollar, and add any amount past due.

Your Minimum Payment Due may also include any

additional amount specified in a promotional offer.

Your Minimum Payment Due will not exceed your

New Balance. You may pay more than the Minimum

Payment Due, up to your New Balance, at any time.

Version 996979 Page 2 of 8About interest charges

When we charge interest

We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as.

described below. However, you cannot avoid paying interest on cash advances and balance transfers.

If you pay the New Balance on every statement by

the Payment Due Date, we will not charge interest on

purchases.

If you pay the New Balance on a statement by the

Payment Due Date and then you pay less than the

New Balance on the following statement by the

Payment Due Date, we will not charge interest on the

portion of the purchase balance that we apply that

Payment to. But we will charge interest on unpaid

purchases.

If you do not pay the New Balance on a statement by

the Payment Due Date and then:

* you pay the New Balance on the next statement by

the Payment Due Date, we will not charge interest

‘on purchases from the date of your payment to

the Closing Date of the billing period in which you

made that payment. But we will charge interest on

purchases from the beginning of that billing period

until the date of your payment.

you pay the New Balance on each of the next two

‘statements by their Payment Due Dates, we will

not charge interest on purchases on the following

statement.

Also, we will not charge interest on purchases on a

‘Statement if the Previous Balance on that statement is

zero or a credit balance.

How we calculate interest

We calculate interest for a billing period by first figuring the interest on each balance. Different categories of

transactions such as purchases and cash advances-may have different interest rates. Balances within each

category may also have different interest rates.

We use the Average Daily Balance method

(including new transactions) to figure interest

charges for each balance. The total interest charged

for a billing period is the sum of the interest charged

‘on each balance.

Interest

The interest charged for a balance in a billing period,

except for variations caused by rounding, equals:

Average Daily Balance (ADB) x

© Daily Periodic Rate (DPR) x

number of days the DPR was in effect.

ADB

To get the ADB for a balance, we add up its daily

balances, Then we divide the result by the number

of days the DPR for that balance was in effect. If the

daily balance is negative, we treat it as zero.

DPR

A DPR is 1/365th of an APR, rounded to one

tenthousandth of a percentage point. Your DPRs are

shown in How Rates and Fees Work on page 2 of

Part 4.

Daily Balance

For each day a DPR is in effect, we figure the daily

balance by:

© taking the beginning balance for the day,

© adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

We add a new charge to a daily balance as of its

transaction date.

Beginning balance

For the first day of a billing period, the beginning

balance is the ending balance for the prior billing

period, including unpaid interest. For the rest of the

billing period, the beginning balance is the previous

day's daily balance plus an amount of interest equal

to the previous day's daily balance multiplied by the

DPR for that balance. This method of figuring the

beginning balance results in daily compounding of

interest.

When an interest rate changes, the new DPR may

come into effect during-not just at the beginning of-

the billing period, When this happens, we will create

a new balance and apply the new DPR to it. To get

the beginning balance on the first day for this new

balance, we multiply the previous day's daily balance

by the old DPR and add the result to that day's daily

balance.

Other methods

To figure the ADB and interest charges, we may use

other formulas or methods that produce equivalent

results. Also, we may choose not to charge interest on

certain types of charges.

Determining the Prime Rate

We use the Prime Rate from the Money Rates section (or successor section) of The Wall Street Journal. The

Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the

Closing Date of the billing period.

The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate

from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime

Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a

similar published rate.

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay

more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting

changes to variable APRs take effect as of the first day of the billing period.

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Page 3 of 8Other important information

About Additional

Cardmembers

You authorize us to give Additional Cardmembers

information about your Account and to discuss it with

them.

At your request, we may issue cards to Additional

Cardmembers. They do not have accounts with us

but they can use your Account subject to the terms

of this Agreement. We may report an Additional

Cardmember's use of your Account to credit reporting

agencies.

If you want to cancel an Additional Cardmember's

right to use your Account (and cancel their card) you

must tell us.

You are responsible for all use of your Account by

Additional Cardmembers and anyone they allow to

use your Account. You must pay for all charges they

make.

Converting charges made ina

foreign currency

Ifyou make a charge in a foreign currency, we will convert it into U.S. dollars on the date we or our agents

process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us

for that date. The rate we use is no more than the highest official rate published by a government agency or the

highest interbank rate we identify from customary banking sources on the conversion date or the prior business

day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted

by establishments (such as airlines) at the rates they use.

Changing your billing address

Closing your Account

Cancelling or suspending your

Account

About default

Collection costs

You must notify us immediately if you change the:

© mailing address to which we send billing

statements; or

e-mail address to which we send notice that your

billing statement is available online.

Hf you have more than one account, you need to notify

us separately for each account.

We may update your billing address if we receive

information that it has changed or is incorrect.

You may close your Account by calling us or writing to us.

We may:

* cancel your Account,

suspend the ability to make charges,

© cancel or suspend any feature on your Account,

and

© notify merchants that your Account has been

cancelled or suspended.

If we do any of these, you must still pay us for alll

charges under the terms of this Agreement.

We may consider your Account to be in default if:

® you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have

with us or an affiliate,

you become incapacitated or die, or

we believe you are unable or unwilling to pay your

debts when due.

We may do any of these things at our discretion, even

if you pay on time and your Account is not in default.

If your Account is cancelled, you must destroy your

cards.

We may agree to reinstate your Account after a

cancellation, If we do this, we may:

© reinstate any additional cards issued on your

Account,

© charge you any applicable annual fees, and

charge you a fee for reinstating the Account.

lfwe consider your Account in default, we may, to the

extent permitted by federal and applicable state law:

© suspend your ability to make charges,

© cancel or suspend any feature on your Account,

© require you to pay more than your Minimum

Payment Due immediately, and

© require you to pay your Account balance

immediately.

You agree to pay all reasonable costs, including attorneys’ fees, that we incur to collect amounts you owe.

Credit reports

You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information

about you from other sources including information to verify and re-verify your employment and income. And

you agree that we will use such information for any purposes, subject to applicable law.

You agree that we will give information about the Account to credit reporting agencies. We will tell a credit

reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your

credit report.

If you believe information we have given to a credit reporting agency is incorrect, write to us at: American

Express Credit Bureau Unit, P.O, Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the

specific information you believe is incorrect.

Sending you notices

We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing

address on our records. Any notice that we send you this way is deemed to be given when deposited in the

U.S. mail.

We may contact you

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Servicing and collections

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our

affiliates, agents and contractors) to contact you at any number you provide, from which you call us, or at which

we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you

using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar

device, even if you are charged for it.

Call monitoring

We may monitor and record any calls between you and us.

Page 4 of 8About insurance products

How we handle electronic

debits from your checking

account

ExpressPay

Privacy Act of 1974 notice

We or our affiliates may tell you about insurance and non-insurance products, services or features that

may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be

compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may

get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer.

Compensation may influence what products and providers we or our afilliates tell you about.

We may share information about you with our affiliates so they can identify products that may interest you. We

may be compensated for this information.

When you pay us by check, you authorize us to

electronically deduct the amount from your bank or

other asset account.

We may process the check electronically by

transmitting to your financial institution:

« the amount,

the routing number,

© the account number, and

the check serial number.

If we do this, your payment may be deducted from

your bank or other asset account on the same day

we receive your check. Also, you will not receive that

cancelled check with your bank or asset account

billing statement.

If we cannot collect the funds electronically, we may

issue a draft against your bank or other asset account

for the amount of the check.

Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges

without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we

may deactivate ExpressPay at any time.

Some federal agencies may accept the card under authority of statute. When you make charges at these

agencies, we collect certain charge information. That information may be put to routine uses such as

processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other

routine uses by agencies may be published in the Federal Register.

Convenience checks

Changing benefits

Assigning the Agreement

Assigning claims

We do not waive our rights

Governing law

Convenience checks (including balance transfer

checks) are checks that we may send you to access

your Account. The following terms will apply to use

of those checks unless otherwise disclosed with the

check,

If you use a convenience check, we may decline it.

If we decline it, you may have to pay retumed check

fees or other penalties to whomever you wrote the

check.

If you use a convenience check and we honor it,

we will charge interest beginning as of the date we

teceive the check. You cannot avoid paying interest on

convenience check transactions.

We will charge a fee for each convenience check

transaction. This fee is 3% of the transaction, with a

minimum of $5. This fee is a finance charge. We will

add the fee to the same balance that we add the

convenience check transaction to.

We will charge $29 each time you ask us to stop

payment on a convenience check.

A convenience check is not a card, You may not use

convenience checks to pay this or any other account

with us or our affiliates. If you use a convenience

check, we will apply the:

cash advance APR if you make it payable to cash,

to you, or to a bank, brokerage or similar asset

account, or to a mortgage or insurance provider.

© purchase APR if you make it payable to a

merchant.

balance transfer APR if you use it to transfer a

balance from another creditor.

penalty APR if it applies to your Account.

We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion.

‘We may sell, transfer or assign this Agreement and your Account, We may do 60 at any ime without notifying

you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If

we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You

agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate

with us if we decide to do so.

We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive

our rights to exercise or enforce them on any other occasion.

In addition, if your billing address is in the State

of Maryland, to the extent, if any, that Maryland

law applies to your account, we elect to offer your

card account pursuant to Title 12, Subtitle 9 of the

Maryland Commercial Law Article.

Utah law and federal law govern this Agreement and

your Account. They govern without regard to internal

principles of conflicts of law. We are located in Utah.

We hold your Account in Utah. We entered into this

Agreement with you in Utah.

Notice to Oregon Residents

Notice for residents of

Washington State

Version 996979

Service charges not in excess of those permitted by law will be charged on the outstanding balances from

month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at

any time.

In accordance with the Revised Code of Washington Statutes, Section 63.14.1687, you are not responsible for

payment of interest charges that result solely from a merchant's failure to transmit to us within seven working

days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay

in posting such credit, or our failure to post such credit to your account within three working days of our receipt

of the credit.

Page 5 of 8Claims Resolution

Most customer concems can be resolved by

calling our Customer Service Department at the

number listed on the back of your card, In the

event Customer Service is unable to resolve

a complaint to your satisfaction, this section

explains how claims can be resolved through

mediation, arbitration or litigation. It includes

an arbitration provision. You may reject the

arbitration provision by sending us written

notice within 45 days after your first card

purchase. See Your Right to Reject Arbitration

below.

For this section, you and us includes any

corporate parents, subsidiaries, affiliates or

related persons or entities. Claim means any

current or future claim, dispute or controversy

relating to your Account(s), this Agreement, or

any agreement or relationship you have or had

with us, except for the validity, enforceability

or scope of the Arbitration provision. Claim

includes but is not limited to: (1) initial claims,

counterclaims, crossclaims and third-party claims;

(2) claims based upon contract, tort, fraud,

statute, regulation, common law and equity;

(3) claims by or against any third party using

or providing any product, service or benefit in

connection with any account; and (4) claims that

arise from or relate to (a) any account created

under any of the agreements, or any balances on

any such account, (b) advertisements, promotions

or statements related to any accounts, goods or

services financed under any accounts or terms

of financing, (c) benefits and services related

to card membership (including fee-based or

free benefit programs, enrollment services and

rewards programs) and (d) your application for

any account. You may not sell, assign or transfer

a claim.

Sending a Claim Notice

Before beginning a lawsuit, mediation or

arbitration, you and we agree to send a written

notice (a claim notice) to each party against

whom a claim is asserted, in order to provide

an opportunity to resolve the claim informally or

through mediation, Go to americanexpress.com/

claim for a sample claim notice. The claim notice

must describe the claim and state the specific

relief demanded. Notice to you may be provided

by your billing statement or sent to your billing

address. Notice to us must include your name,

address and Account number and be sent to

American Express ADR c/o CT Corporation

System, 111 8th Ave., NY, NY 10011. If the claim

proceeds to arbitration, the amount of any relief

demanded in a claim notice will not be disclosed

to the arbitrator until after the arbitrator rules.

In mediation, a neutral mediator helps parties

resolve a claim. The mediator does not decide the

claim but helps parties reach agreement.

Before beginning mediation, you or we must

first send a claim notice. Within 30 days after

sending or receiving a claim notice, you or we

may submit the claim to JAMS (1-800-352-5267,

jamsadr.com) or the American Arbitration

Association ("AAA") (1-800-778-7879, adr.org) for

mediation. We will pay the fees of the mediator.

All mediation-related communications are

confidential, inadmissible in court and not subject

to discovery.

Version 996979

All applicable statutes of limitation will be tolled

until termination of the mediation. Either you or

we may terminate the mediation at any time.

The submission or failure to submit a claim to.

mediation will not affect your or our right to elect

arbitration.

You or we may elect to resolve any claim by

individual arbitration. Claims are decided by a

neutral arbitrator.

If arbitration is chosen by any party, neither

you nor we will have the right to litigate that

claim in court or have a jury trial on that

claim. Further, you and we will not have

the right to participate in a representative

capacity or as a member of any class

pertaining to any claim subject to arbitration.

Arbitration procedures are generally simpler

than the rules that apply in court, and

discovery is more limited. The arbitrator's

decisions are as enforceable as any court

order and are subject to very limited review

by a court. Except as set forth below, the

arbitrator's decision will be final and binding.

Other rights you or we would have in court

may also not be available in arbitration.

Initiating Arbitration

Before beginning arbitration, you or we must first

send a claim notice, Claims will be referred to

either JAMS or AAA, as selected by the party

electing arbitration. Claims will be resolved

pursuant to this Arbitration provision and the

selected organization's rules in effect when

the claim is filed, except where those rules

conflict with this Agreement. If we choose the

organization, you may select the other within

30 days after receiving notice of our selection.

Contact JAMS or AAA to begin an arbitration

or for other information. Claims also may be

referred to another arbitration organization if

you and we agree in writing or to an arbitrator

appointed pursuant to section 5 of the Federal

Arbitration Act, 9 U.S.C. §§ 1-16 (FAA).

We will not elect arbitration for any claim you

file in small claims court, so long as the claim is

individual and pending only in that court. You or

we may otherwise elect to arbitrate any claim

at any time unless it has been filed in court

and trial has begun or final judgment has been

entered. Either you or we may delay enforcing

or not exercise rights under this Arbitration

provision, including the right to arbitrate a claim,

without waiving the right to exercise or enforce

those rights.

Limitations on Arbitration

If either party elects to resolve a claim by

arbitration, that claim will be arbitrated on

an Individual basis. There will be no right or

authority for any claims to be arbitrated on

a class action basis or on bases involving

claims brought in a purported representative

capacity on behalf of the general public,

other cardmembers or other persons

similarly situated.

The arbitrator's authority is limited to claims

between you and us alone. Claims may not

be joined or consolidated unless you and we

agree in writing. An arbitration award and any

judgment confirming it will apply only to the

‘specific case and cannot be used in any other

case except to enforce the award.

Notwithstanding any other provision and without

Page 6 of 8

waiving the right to appeal such decision, if

any portion of these Limitations on Arbitration

is deemed invalid or unenforceable, then the

entire Arbitration provision (other than this

sentence) will not apply.

Arbitration Procedures

This Arbitration provision is governed by

the FAA. The arbitrator will apply applicable

substantive law, statutes of limitations and

privileges. The arbitrator will not apply any

federal or state rules of civil procedure or

evidence in matters relating to evidence

or discovery. Subject to the Limitations on

Arbitration, the arbitrator may otherwise award

any relief available in court. The arbitration

will be confidential, but you may notify any

government authority of your claim.

If your claim is for $10,000 or less, you

may choose whether the arbitration will be

conducted solely on the basis of documents,

through a telephonic hearing, or by an in-

person hearing. At any party's request, the

arbitrator will provide a brief written explanation

of the award. The arbitrator's award will be

final and binding, except for any right of appeal

provided by the FAA; however, any party will

have 30 days to appeal the award by notifying

the arbitration organization and all parties in

writing. The organization will appoint a three-

arbitrator panel to decide anew, by majority

vote based on written submissions, any

aspect of the decision objected to. Judgment

upon any award may be entered in any court

having jurisdiction. At your election, arbitration

hearings will take place in the federal judicial

district of your residence.

Arbitration Fees and Costs

‘You will be responsible for paying your share

of any arbitration fees (including filing,

administrative, hearing or other fees), but only

up to the amount of the filing fees you would

have incurred if you had brought a claim in

court. We will be responsible for any additional

arbitration fees. At your written request, we

will consider in good faith making a temporary

advance of your share of any arbitration fees,

or paying for the reasonable fees of an expert

appointed by the arbitrator for good cause.

Additional Arbitration Awards

if the arbitrator rules in your favor for an

amount greater than any final offer we made

before arbitration, the arbitrator's award will

include: (1) any money to which you are

entitled, but in no case less than $5,000; and

(2) any reasonable attorneys’ fees, costs and

expert and other witness fees.

Your Right to Reject Arbitration

You may reject this Arbitration provision by

sending a written refection notice to us at:

American Express, P.O. Box 981556, El Paso,

TX 79998. Go to americanexpress.com/reject

for a sample rejection notice. Your rejection

notice must be mailed within 45 days after your

first card purchase. Your rejection notice must

State that you reject the Arbitration provision

and include your name, address, Account

number and personal signature. No one else

may sign the rejection notice. If your rejection

notice complies with these requirements, this

Arbitration provision and any other arbitration

provisions in the cardmember agreements forany other currently open American Express

accounts you have will not apply to you, except

for Corporate Card accounts and any claims

subject to pending litigation or arbitration at the

time you send your rejection notice. Rejection

of this Arbitration provision will not affect your

other rights or responsibilities under this Claims

Resolution section or the Agreement. Rejecting

this Arbitration provision will not affect your

ability to use your card or any other benefit,

product or service you may have with your

Account.

tion

This section will survive termination of your

‘Account, voluntary payment of your Account

balance, any legal proceeding to collect a debt,

any bankruptcy and any sale of your Account

Your Billing Rights: Keep this Document for Future Use

This notice tells you about your rights and our

responsibilities under the Fair Credit Billing Act.

What To Do If You Find a Mistake on Your

Statement

Ifyou think there is an error on your statement,

write to us at:

American Express

PO Box 981535

EI Paso TX 79998-1535

In your letter, give us the following information:

«Account information: Your name and account

number.

©. Dollar amount: The dollar amount of the

‘suspected error.

Description of problem: if you think there is an

error on your bill, describe what you believe is

wrong and why you believe it is a mistake.

You must contact us:

«Within 60 days afer the error appeared on your

‘statement.

* Atleast 2 business days before an automated

payment is scheduled, if you want to stop

payment on the amount you think is wrong.

You must notify us of any potential errors in

writing. You may call us, but if you do we are not

required to investigate any potential errors and

you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two

things:

Within 30 days of receiving your letter, we must

tell you that we received your letter. We will also

tell you if we have already corrected the error.

Within 90 days of receiving your letter, we must

either correct the error or explain to you why we

believe the bill is correct.

Version 996979

While we investigate whether or not there has

been an error:

We cannot try to collect the amount in

question, or report you as delinquent on that

amount.

© The charge in question may remain on your

statement, and we may continue to charge

you interest on that amount.

‘While you do not have to pay the amount

in question, you are responsible for the

remainder of your balance.

© We can apply any unpaid amount against

your credit limit.

After we finish our investigation, one of two

things will happen:

© /fwe made a mistake: You will not have to

pay the amount in question or any interest or

other fees related to that amount.

If we do not believe there was a mistake:

You will have to pay the amount in question,

along with applicable interest and fees. We

will send you a statement of the amount you

owe and the date payment is due. We may

then report you as delinquent if you do not

pay the amount we think you owe.

If you receive our explanation but still believe

your bill is wrong, you must write to us within

10 days telling us that you still refuse to pay. If

you do so, we cannot report you as delinquent

without also reporting that you are questioning

your bill. We must tell you the name of anyone

to whom we reported you as delinquent, and

‘we must let those organizations know when the

matter has been settled between us.

If we do not follow alll of the rules above, you do

not have to pay the first $50 of the amount you

question even if your bill is correct.

Page 7 of 8

(in the case of a sale, its terms will apply to the

buyer of your Account). If any portion of this

Claims Resolution section, except as otherwise

provided in the Limitations on Arbitration

subsection, is deemed invalid or unenforceable,

it will not invalidate the remaining portions of

this Claims Resolution section.

Your Rights If You Are Dissatisfied With

Your Credit Card Purchases

If you are dissatisfied with the goods or

services that you have purchased with your

credit card, and you have tried in good faith to.

correct the problem with the merchant, you may

have the right not to pay the remaining amount

due on the purchase.

To use this right, all of the following must be

true:

The purchase must have been made in your

home state or within 100 miles of your current

mailing address, and the purchase price must

have been more than $50. (Note: Neither of

these are necessary if your purchase was

based on an advertisement we mailed to you,

or if we own the company that sold you the

goods or services.)

You must have used your credit card for

the purchase. Purchases made with cash

advances from an ATM or with a check that

accesses your credit card account do not

quality.

You must not yet have fully paid for the

purchase.

If all of the criteria above are met and you are

still dissatisfied with the purchase, contact us in

writing at:

‘American Express

PO Box 981535

EI Paso TX 79998-1535

While we investigate, the same rules apply to

the disputed amount as discussed above. After

we finish our investigation, we will tell you our

decision. At that point, if we think you owe an

amount and you do not pay, we may report you

as delinquent.Your Agreement for Transferring Funds Electronically

This EFT Agreement is between American

Express Travel Related Services Company,

Inc. and you, once you enroll in an Electronic

Funds Transfer Service of ours (service) such as

AutoPay, Pay By Computer, or Pay By Phone.

This replaces any previous agreement you may

have with us for the services.

Words we use in this agreement

In this EFT Agreement, you and your mean,

in addition to the Basic Cardmember, any

Additional Cardmembers who have enrolled in

the service. We, our, and us mean American

Express Travel Related Services Company,

Inc. Your card account means the American

Express card account. Your bank is the bank,

securities firm, or other financial institution that

holds your bank account. Your bank account

is the bank account you use to pay for any

transactions you make through the service.

Withdraw or withdrawal means an electronic

debit or deduction of funds from your bank

account. Our business days are Monday through

Friday, excluding holidays.

AutoPay, Pay By Computer, Pay By Phone

With these services, you can initiate electronic

payments to your card account. When you do

‘SO, yOu allow us or our agent to draw a check

on or initiate an automated clearing house

(ACH) withdrawal from your bank account in the

amount you authorize.

If your bank retums a check or ACH withdrawal

unpaid the first time we submit it for payment, we

may cancel your right to use the service. Your

bank may charge you a fee if this happens.

How to contact us about the services

You can call us at 1-800-IPAY-AXP for Pay By

Phone questions, at 1-800-528-2122 for Pay By

Computer questions, and at 1-800-528-4800 for

AutoPay questions. You may also write to us at

American Express, Electronic Funds Services,

P.O. Box 981531, El Paso, TX 79998-1531.

How to stop AutoPay payments

If you have told us to make AutoPay payments

from your bank account, you can stop any of

these payments by calling us at 1-800-227-4669

or writing to American Express, Electronic

Funds Services, P.O. Box 981540, El Paso,

TX 79998-1540 in time for us to receive your

request at least 2 business days before the

payment is scheduled to be made. We will tell

you, at least 10 days before each payment,

when it will be made and how much it will be.

If we receive your request to stop one of these

payments at least 2 business days before the

payment is scheduled to be made and we do not

stop it, we will be liable for

your losses or damages.

Unauthorized transactions

Tell us AT ONCE if you believe that a transaction

has been made without your permission using

your card or information about your card

account. Calling is the best way of keeping

your possible losses down. You could lose all

the money in your bank account (plus your

maximum overdraft line of credit, if applicable).

Calll anytime at 1-800-528-4800 (or

1-336-393-1111 collect, if not in the U.S.). You

may also write to us at American Express,

Electronic Funds Services, P.O. Box 981532, E!

Paso, TX 79998-1532.

Version 996979

Improper transactions or payments

If we do not complete a transfer to or from your

bank account on time or in the correct amount,

according to this EFT Agreement, we will be

liable for your losses or damages.

There are some exceptions. We are not liable:

© if, through no fault of ours, you do not have

enough money in your bank account;

¢ ifthe transfer would go over the credit limit on

any overdraft line you may have;

if the funds in your bank account were subject

to legal process or other encumbrance that

restricted the transaction;

ifcircumstances beyond our control (such

as fire or flood) prevented the transaction,

despite our reasonable precautions; or

if the terminal or system was not working

properly and you knew about the breakdown

when you started the transfer.

Privacy

We will disclose information to third parties about

your transactions:

when necessary for completing transactions;

‘© to comply with government agency or court

orders; or

* as stated in our Privacy Notice, which covers

your use of the services,

Arbitration

The Arbitration section, in Part 2 of the

Cardmember Agreement, applies to this EFT

Agreement and the services.

In case of errors or questions

If you think your statement or receipt is wrong, or

if you need more information about a transaction

‘on your statement or receipt, call or write

Us as soon as you can. We must hear from

you no later than 60 days after we sent the

FIRST statement on which the problem or error

appeared. If you do not contact us because of

certain circurnstances (such as you are in the

hospital), we may extend the 60-day period for a

reasonable time. When you contact us:

¢ tell us your name and account number.

‘* describe the error or the transaction you are

unsure about. Explain as clearly as you can

why you believe it is an error or why you need

more information.

@ tell us the amount of the suspected error.

Ifyou tell us orally, we may require that you send

us your complaint or question in writing within

10 business days after you called us. Within 10

business days after we hear from you we will

determine whether an error has occurred. We will

correct any error promptly. However, if we need

more time, we may take up to 45 calendar days

to investigate. If we do take more time, we will

credit your bank account within 10 business days

(of the day we decide we need more time) for

the amount you think is in error so that you will

have use of the funds during the time it takes to

complete our investigation.

If we ask you to put your complaint or question

in writing and we do not receive it within 10

business days, we may not credit your bank

account for the amount you question.

We will tell you the results within 3 business days

after completing our investigation. If we decide

that there was no error, we will send you a written

explanation. You may ask for

Page 8 of 8

copies of the documents that we used in our

investigation. if we have credited your bank

account and find no error, we will tell you when

we will withdraw that amount from your bank

account again. You authorize us to withdraw

this amount from your bank account. If your

bank account does not have enough funds

to cover this withdrawal, we can charge the

amount to your card account or collect the

amount from you. If this happens, we may

cancel your right to use a service.

We may end the services

We may extend or limit the services at any

location without telling you ahead of time. Also,

we may stop a service at any time.

We may cancel your participation in a service

at any time. If we do, we will write to you, but

we may not send you the notice until after we

cancel. Also, we may refuse to authorize a

transaction at our discretion.

We will end or suspend use of a service if:

you do not use it for 18 months in a row,

your card account is in default,

© your card account is cancelled or

suspended,

you cancel the authorization you gave your

bank to pay for any transactions you make

through the service, or

your bank account is closed to withdrawals

by us or our agents.

You may choose to stop using any service.

If you do, you must write to us at American

Express, Electronic Funds Services, P.O. Box

981531, El Paso, TX 79998-1531.

Assignment

We may assign this EFT Agreement to a

subsidiary or affiliate at any time.

Note for Massachusetts residents

General disclosure statement: Any

documentation given to you which shows that

an electronic funds transfer was made will be

admissible as evidence of that transfer and will

constitute prima facie proof that the transfer

was made,

Except as explained in this EFT Agreement,

if you initiate an electronic funds transfer from

your bank account, you cannot stop payment of

the transfer.

Unless otherwise provided in

this EFT Agreement, you may not

stop payment of electronic funds

transfers. Therefore, do not use

electronic transfers for purchases

or service unless you are satisfied

that you will not need to stop

payment.

Disclosure of bank account information

to third parties: If you give us your written

authorization to disclose information about you,

your bank account, or the transactions that

you make to any person, that authorization will

automatically expire 45 days after we receive it.

Optional limit on obtaining cash: You can

ask us to limit the total amount of cash that

you may get from ATMs in a single day to

$50. If you choose this option, we will take all

reasonable steps to comply with your request.BMent Blue Cash Everyday® from American Express

Causes of Action

COUNT I - BREACH OF CONTRACT

COUNT II - ACCOUNT STATED