American Express National Bank Plaintiff vs. Scott Eddy Defendant

About your Cardmember

Agreement

Changing the Agreement

Words we use in the

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.

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, 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 Additional

Cardmembers in Part 2).

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

card), you agree to the terms of the 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.

‘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, fees and

interest charges. A purchase is a charge for goods or

services.

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

Declined transactions

You may use the card to make purchases. You may

also use the card at an ATM to get cash from a

checking account you designate.

We decide whether to approve a charge based on

how you spend and pay on this Account and other

accounts you have with us and our affiliates. We

also consider your credit history and your personal

resources that we know about.

You may arrange for certain merchants and third

parties 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

and third parties if your expiration date or card

number changes or if your account status is updated,

including if your account is cancelled. You must notify

the merchants and third parties 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.

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 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.

About Pay Over Time features

We may add features to your Account that allow you

to pay certain charges over time. These features

Include Select & Pay Later, Sign & Travel” and the

Extended Payment Option.

Select & Pay Later allows you to request that eligible

purchases be moved to your Pay Over Time balance

after the charge appears on your statement. If we

approve your request, we will place the charge in

your Pay Over Time balance. If we decline your

request, you must pay the charge in full upon receipt

of your billing statement.

Ifyou enroll in Sign & Travel, we will automatically

place eligible travel-related charges into a Pay

Over Time balance. Some examples are airline and

cruise ship tickets, hotels, car rentals and charges

made outside the U.S. If you enroll in the Extended

Payment Option, we will automatically place all

eligible charges into a Pay Over Time balance.

A charge is eligible if it equals or is more than a

certain dollar amount, We will tell you this amount

when you enroll, and it is subject to change. We

will tell you if we change it. Certain charges are not

eligible, such as cash and similar transactions.

We assign a Pay Over Time limit to your Account.

‘We will not place any charge into a Pay Over Time

balance if it causes the total of your Pay Over Time

balances to go over your Pay Over Time limit. We

may reduce or increase this amount. We may do so

even if you pay on time and your Account is not in

default. We will tell you if we change that amount. You

must pay in full upon receipt of your billing statement

all charges that are not placed into a Pay Over Time

balance. We may change which charges are eligible

to be placed into a Pay Over Time balance.

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Page 1 of 8About your payments

When you must pay

Payment of the New Balance is due upon receipt of

your statement. If a statement includes a Pay Over

‘Time balance, it will show a Minimum Payment Due.

In this case, you must pay at least the Minimum

Payment Due by the Payment Due Date. 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.

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.

Each statement also shows a Next Closing Date.

How to make payments

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

© assingle check drawn on a U.S. bank, or

@ assingle 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 mall:

¢ 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.

Ifyour 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. 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 additional

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.

How we apply payments and

credits

Ifa statement includes a Pay Over Time balance, it

will show a Minimum Payment Due. The Minimum

Payment Due is the Pay In Full New Balance plus the

Pay Over Time Minimum Due.

If you have a Pay Over Time balance, we generally

apply payments-up to the Minimum Payment Due-first

to the Pay Over Time Minimum Due and then to the

Pay In Full New Balance. When applying a payment

to the Pay Over Time Minimum Due, we apply it first

to the balance with the lowest interest rate and then to

balances with higher interest rates.

After the Minimum Payment Due has been paid, we

apply payments to the remaining Pay Over Time

balance. When we do this, we apply payments first 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. We may apply payments and

credits within balances, and among balances with the

same interest rate, in any order we choose.

About your Minimum Payment Due

The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. To calculate the

Pay Over Time Minimum Due for each statement, we start with the higher of:

How we calculate your

Minimum Payment Due

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

Pay Over Time New Balance (excluding interest on

the statement); or

(2) $35.

Then we round to the nearest dollar and add any Pay

Over Time amount past due. Your Pay Over Time

Minimum Due will not exceed your Pay Over Time

New Balance. You may pay more than the Minimum

Payment Due, up to your entire outstanding balance,

at any time.

About interest charges on Pay Over Time balances

When we charge interest

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For transactions added to pay over time balances at your request (for example, Se/ect & Pay Later), we

charge interest from the date they are added to a pay over time balance until they are paid.

For transactions added automatically to a pay over time balance (for example, Sign & Travel and Extended

Payment Option), we charge interest from the transaction date until they are paid. However, we will not charge

interest on these transactions if:

* your Pay Over Time Previous Balance for the billing period is zero; or

* you paid the Account Total Previous Balance for each of the previous two billing periods in full by the closing

date shown on their respective statements.

Page 2 of 8How we calculate interest

Determining the Prime Rate

We calculate interest for a billing period by first figuring the interest on each balance. Balances within each

feature-such as Select & Pay Later, Sign & Travel and Extended Payment Option-may 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) multiplied by

Daily Periodic Rate (DPR) multiplied by

¢ 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 1.

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.

We use the Prime Rate from the rates 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.

Other important information

About Additional

Cardmembers

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.

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.

You authorize us to give Additional Cardmembers

information about your Account and to discuss it with

them.

If you want to cancel an Additional Cardmember's

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

must tell us.

Converting charges made in a

foreign currency

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into

U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based

upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is

acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a

government agency or the highest interbank rate AEEML identifies 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

Version 997161

You must notify us immediately if you change the:

* mailing address where we send billing statements;

or

e-mail address to which we send notice that your

billing statement is available online.

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If 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.Closing your Account

Cancelling or suspending your

Account

About default

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

If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your

Account within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations

after this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to

your Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement.

If your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy

will not apply to you.

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 all

charges under the terms of this Agreement.

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.

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

We may consider your Account to be in default if:

extent permitted by federal and applicable state law:

© you violate a provision of this Agreement,

you give us false information, suspend your ability to make charges,

© you file for bankruptcy, «cancel or suspend any feature on your Account,

‘* you default under another agreement you have * require you to pay more than your Minimum

with us or an affiliate, Payment Due immediately, and

‘© you become incapacitated or die, or @ require you to pay your Account balance

we believe you are unable or unwilling to‘pay your immediately.

debts when due.

Collection costs

Credit reports

Sending you notices

‘We may contact you

About insurance products

How we handle electronic

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

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.

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.

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 callling 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.

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 affiliates 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 If we do this, your payment may be deducted from

debits from your checking electronically deduct the amount from your bank your bank or other asset account on the same day

account or other asset account. We may process the check we receive your check. Also, you will not receive that

electronically by transmitting to your financial cancelled check with your bank or asset account

stitution: billing statement.

© the amount, If we cannot collect the funds electronically, we may

the routing number, issue a draft against your bank or other asset account

@ the account number, and for the amount of the check.

e the check serial number. 1

ExpressPay 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.

Privacy Act of 1974 notice ‘Some federal agencies may accept the card under authority of statute. When you make charges at these

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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.

Page 4 of 8Changing benefits

Assigning the Agreement

Assigning claims

We do not waive our rights

Governing law

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

‘We may sell, transfer or assign this Agreement and your Account. We may do so at any fime without notifying

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

Ifyou 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.

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

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

Agreement with you in Utah.

Notice to Oregon Residents

Maryland Commercial Law Article.

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.

Notice for residents of

Washington State

In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for

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

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

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

of the credit.

Claims 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,

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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.

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.

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

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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. sec. 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 waiving the right to appeal such

decision, if any portion of these Limitations on

Aibitration 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

upto 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 rejection 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 for

any 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.

Continuation

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

(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 Billing Rights: Keep this Document for Future Use

This notice tells you about your rights and our

responsibilities under the Fair Credit Billing Act.

What To Do If You Find a Mistake on Your

Statement

If you think there is an error on your statement,

write to us at:

American Express

PO Box 981535

El Paso TX 79998-1535

In your letter, give us the following information:

Account information: Your name and account

number.

Dollar amount: The dollar amount of the

suspected error.

© Description of problem: if you think there is an

error on your bill, describe what you believe is

wrong and why you believe it is a mistake.

You must contact us:

* Within 60 days after the error appeared on your

statement.

¢ 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 997161

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.

© /f we do not believe there was a mistake:

You will have to pay the amount in question,

along with applicable interest and fees. We

will send you a statement of the amount you

owe and the date payment is due. We may

then report you as delinquent if you do not

pay the amount we think you owe.

If you receive our explanation but still believe

your bill is wrong, you must write to us within

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

you do so, we cannot report you as delinquent

without also reporting that you are questioning

your bill. We must tell you the name of anyone

to whom we reported you as delinquent, and

we must let those organizations know when the

matter has been settled between us.

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

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

question even if your bill is correct.

Page 6 of 8

Your Rights If You Are Dissatisfied With

Your Credit Card Purchases

If you are dissatisfied with the goods or

services that you have purchased with your

credit card, and you have tried in good faith to

correct the problem with the merchant, you may

have the right not to pay the remaining amount

due on the purchase.

To use this right, all of the following must be

true:

1, The purchase must have been made in your

home state or within 100 miles of your current

mailing address, and the purchase price must

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

these are necessary if your purchase was

based on an advertisement we mailed to you,

or if we own the company that sold you the

goods or services.)

You must have used your credit card for

the purchase. Purchases made with cash

advances from an ATM or with a check that

accesses your credit card account do not

qualify.

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

El Paso TX 79998-1535

While we investigate, the same rules apply to

the disputed amount as discussed above. After

we finish our investigation, we will tell you our

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

amount and you do not pay, we may report you

as delinquent.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 meat

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.

How Express Cash works

Express Cash enables you to withdraw cash from

your bank account at participating automated

teller machines (ATMs). If you enroll in Express

Cash, we will issue or allow you to choose

a Personal Identification Number (P/N). You

must use this PIN along with your card when

withdrawing cash from an ATM. Keep your PIN

confidential.

Each time you withdraw cash using Express

Cash, we will charge a fee of 3% of the amount

of the transaction or $5, whichever is more. The

amount of the transaction is the total of the:

* amount of the withdrawal or funds transfer,

* amount of goods or services received, and

* any fee charged by the ATM operator or

network used for the withdrawal.

The amount of the transaction and the fee that we

charge will be withdrawn from your bank account.

For each withdrawal made in a foreign currency,

we charge a fee of 2.7% of the converted U.S.

dollar amount of the transaction. This fee will be

withdrawn from your bank account. However, we

do not charge this fee for ATM withdrawals made

using cards issued on U.S. Consumer or OPEN

Platinum Card or Centurion Card accounts. See

Converting charges made in a foreign currency in

Part 2 of the Cardmember Agreement.

Ifa transaction is not honored by your bank, we

will charge the amount of the transaction and a

fee of $38 to your card account, or we may collect

them directly from you.

Limits on amounts and frequency of

withdrawals

We apply the following limits to the amount

that can be withdrawn in a 30-day period. In

addition, there is a limit of 7 withdrawals in a

single day (regardless of the dollar amount of

such withdrawals). The ATM operator may also

impose limits.

‘One from $3,000 in a 30-day period

American Express”

Zyne Card® $3,000 in a 30-day period

Green Card $3,000 in a 30-day period

Gold Card $8,500 in a 30-day period

Platinum Card® $10,000 in a 30-day period

Centurion® Card $10,000 in a 30-day period

You can get a receipt from the ATM each time

you withdraw money from your bank account

Version 997161

using Express Cash.

Your monthly statement for your card account

will show any Express Cash transactions in that

billing period.

AutoPay, Pay By Computer, Pay By Phone

With these services, you can initiate electronic

payments to your card account. When you do

‘$0, 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 returns 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 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 your card or

PIN has been lost, stolen or used without your

permission, or if you believe that a transaction

has been made without your permission. 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). If you tell us within 2

business days after you learn of the loss, theft or

unauthorized use of your card or PIN, you can

lose no more than $50 if someone used your

card or PIN without your permission.

If you do NOT tell us within 2 business days

after you learn of the loss or theft of your card or

PIN, and we can prove we could have stopped

someone from using your card or PIN without

your permission if you had told us, you could

lose as much as $500.

Tell us if you believe that someone has used

‘or may use your card or PIN to use the EFT

service without your permission, Call 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, El Paso, TX 79998-1532.

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;

e ifthe ATM where you are making the transfer

does not have enough cash;

ifthe funds in your bank account

were subject to legal process or other

encumbrance that restricted the transaction;

Page 7 of 8

© if circumstances 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.

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, at 1-800-528-4800

for AutoPay questions, and at 1-800-CASH-

NOW for Express Cash questions. You may

also write to us at American Express, Electronic

Funds Services, P.O. Box 981531, El Paso, TX

79998-1531.

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

fromi 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 circumstances (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.

If you 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 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

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 fundsto 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, or any bank or financial institution that

participates in the Express Cash service, may add

to or remove any ATMs from the service. 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

Version 997161

* 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.

Page 8 of 8

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.se Premier Rewards Gold Card

ess

al SCOTT E EDDY

Closing Date 08/27/17

p15

Account Ending I

New Balance $17,369.24

Includes the past due amount of $17,331.24

_ Payment Due Date 09/21/17*

+ Late Payment Warning: If we do not receive your payment by the Payment

Due Date of 09/21/17, you may have to pay a late fee of up to $38.00.

[2) See page2 for important information about your account.

@® Your account is cancelled.

® Please note, your preset line is $0.00. You have spent $17,369.24.

Effective immediately, we are making changes to the Membership

Rewards Program Terms & Conditions that impact Card Members who.

are enrolled in the Membership Rewards Program and are eligible for

points transfer. Membership Rewards points can now be transferred at

a 1:1 ratio into British Airways Executive Club and Iberia Plus

Programme and can be transferred in increments of 1,000 points.

1 Please fold on the perforation below, detach and return with your payment

Visit

www.membershiprewards.com

Account Summary eee

Previous Balance $17,331.24

Payments/Credits -$0.00

New Charges +$0.00

Fees +$38.00

New Balance $17,369.24

Days in Billing Period: 31

Customer Care

| Pay by Computer

americanexpress.com/pbe

| CustomerCare Pay by Phone

j 800-827-2177 1-800-472-9297

| (3) see Page 2 for additional information.

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Bb bone staple or use paper clips americanexpress.com/pbe 1-800-472-9297 oa 15 dist account #onall payments

Make check payable to American Express,