American Express Bank Fsb Plaintiff vs. Leonard Glanz Defendant

About your Cardmember

Agreement

Words we use in the

Agreement

Additional Cardmembers

Replacement Basic

Cardmember

About using your card

Using the card

Promise to pay

Declined transactions

Version 997075

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, us, and our mean the issuer shown on page

4 of Part 1. Except as provided below, Basic

Cardmember means the person who applied for this

account or to whom we address billing statements.

Company means the business for which the Account

is established. You and your mean the Basic

Cardmember and the Company. You agree, jointly

and severally, to be bound by the terms of this

Agreement.

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.

You are responsible for all use of the Account by

Additional Cardmembers and anyone they allow

to use the Account. You must pay for all charges

they make. You must share this agreement with all

Additional Cardmembers.

You must tell Additional Cardmembers that:

© we may obtain, provide and use information about

them.

« their use of the Account is subject to this

Agreement.

You must tell us if the Basic Cardmember is no longer

an employee or officer of the Company or does not

want to be the Basic Cardmember. In that case, you

must either close the Account, or propose another

person to replace the Basic Cardmember.

If you propose another person to replace the Basic

Cardmember, that person must agree to assume the

You may use the card to make purchases. You may

also use the card at an ATM to get cash froma

checking account you designate.

Each Cardmember acknowledges and agrees that

cards are intended to be used for the Company's

commercial or business purposes.

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 to store

your card number and expiration date, so that, for

example:

You promise to pay all charges, including:

When you or an Additional Cardmember, as defined

below, use the Account (or sign or keep a card), you

agree to the terms of the Agreement.

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 and fees.

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).

You authorize us to give Additional Cardmembers

information about the 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.

We may refer to Additional Caras) and Additional

Cardmember(s) as Employee Cards) and Employee

Cardmember(s). All terms and conditions that apply to

Additional Cards also apply to Employee Cards.

obligations and liabilities of the Basic Cardmember

under this Agreement, as of the date that such person

replaces the Basic Cardmember. That person is

subject to our approval.

‘You agree that the Basic Cardmember remains the

Basic Cardmember until we approve a replacement or

the Account is closed.

© the merchant may charge your account at regular

intervals; or

you may make charges using that stored card

information.

‘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, whether or not you or an Additional Cardmember intend to let them use the

Account, subject to applicable law, 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.

Page 1 of 8

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 the Account that allow you to pay certain charges over time.

Ifyou 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 increase or

decrease the Pay Over Time limit. We may do so even if you pay on time and your Account is not in default.

Wee 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.

About 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 Ciosing 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:

© 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 the billing statement, and

* write the 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 the Account as of the day we receive

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

the 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 the

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,

If a 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,

How we apply payments and

credits

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:

(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.

How we calculate your

Minimum Payment Due

Version 997075 Page 2 of 8About interest charges

When we charge interest

How we calculate interest

We charge interest on these transactions beginning on their transaction date until they are paid. However, we

will not charge interest on these transactions during a billing period 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.

We calculate interest for a billing period by first calculating interest on each balance within each feature.

Balances within each feature-such as Sign & Travel and Extended Payment Option-may have different interest

rates.

We use the Average Daily Balance method

(including new transactions) to calculate 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

ADPR 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 calculate 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 calculating 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 dally balance by the old

DPR and add the result to that day's daily balance.

Other methods

To calculate 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 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

Changing the Agreement

We may change the terms of, or add new terms to,

this Agreement. We may apply any changed or new

terms to any existing and future balances on the

Account, subject to applicable law.

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.

Converting charges made ina

foreign currency

If you 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

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You must notify us immediately if you change the:

‘* mailing address, email address, telephone numbers, or fax numbers that we use to send you billing

statements, notices or other communications.

© legal entity of the Company.

© tax identification number.

Page 3 of 8Closing your Account

You may instruct us to close the Account by calling

us or writing to us. The Basic Cardmember agrees

to inform the Company prior to instructing us to do

so.

The Basic Cardmember and the Company remain

jointly and severally liable for all Charges made on the

Account.

Cancelling or suspending your

Account

About default

Collection costs

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 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.

Hf 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:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

© cancel the Account and require you to pay the

Account balance immediately.

require you to pay more than your Minimum,

Payment Due immediately.

You agree to pay all reasonable costs, including attomeys' fees, that we incur to collect amounts you owe or to.

protect ourselves from loss, harm or risk relating to default.

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 send you notices through the U.S. mail (postage prepaid) or electronically using the information in our

records. Any notice we send you is deemed given when deposited in the U.S. mail or when sent electronically.

Additionally, we may send notices and information to Additional Cardmembers at their request.

We may contact you

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.

About insurance products

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.

How we handle electronic

debits from your checking

account

ExpressPay

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.

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.

Cards issued on the 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.

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.

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Page 4 of 8Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers

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.

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

Assigning the Agreement We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying

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

Assigning claims

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 and

any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And

you and any Additional Cardmembers must cooperate with us if we decide to do so.

We do not waive our rights

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.

Governing law

Utah law and federal law govern this Agreement and the Account. They govern without regard to internal

principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this

Agreement with you in Utah.

Notice to Oregon Residents

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 concerns 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

acclaim.

Before beginning a lawsuit, mediation or

Version 997075

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.con/

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.

Mediation

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.

Page 5 of 8

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

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 $6,000; 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.

ion

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.

Billing Dispute Procedure

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.

At least 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.

.

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What Will Happen After We Receive Your

Letter

When we receive your letter, we will do two

things:

Within 30 days of receiving your letter, we will

tell you that we received your letter. We will

also tell you if we have already corrected the

error.

We will investigate your inquiry and will either

correct the error or explain to you why we

believe the bill is correct.

While we investigate whether or not there has

been an error:

We will not try to collect the amount in

question, nor 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.

Page 6 of 8

After we finish our investigation, one of two

things will happen:

© if we made a mistake: You will not have to

pay the amount in question or any interest

or other fees related to that amount.

if we do not believe there was a mistake:

You will have to pay the amount in question,

along with applicable interest and fees. We

will send you a statement of the amount you

‘owe and the date payment is due. We may

then report you as delinquent if you do not

pay the amount we think you owe.

If you receive our explanation but stil 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 will not report you as delinquent

without also reporting that you are questioning

your bill. We will tell you the name of anyone

to whom we reported you as delinquent, and

we will let those organizations know when the

matter has been settled between us.

.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.

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 (PIN).

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.

Plum 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

Exec. Bus. 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

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You can get a receipt from the ATM each time

you withdraw money from your bank account

using Express Cash.

‘Your monthly statement for your card account

will show any Express Cash transactions in that

billing period.

AutoPay, Pay By Computer,

With these services, you can

payments to your card account. When you do

‘80, 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

The following terms do not apply to certain

AutoPay programs and options where a business

bank account is used for the transaction; and the

specific terms and conditions of those programs

and options will define any applicable notice and

cancelation terms:

(1) Ifyou have told us to make AutoPay

payments from your bank account, you can

stop any of these payments by calling us at

4-800-227-4669 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.

(2) We will tell you, at least 10 days before each

payment, when it will be made and how much it

will be.

(3) 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 leam 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.

Page 7 of 8

There are some exceptions. We are not liable:

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

enough money in your bank account;

© if the transfer would go over the credit limit on

any overdraft line you may have;

© ifthe ATM where you are making the transfer

does not have enough cash;

if the funds in your bank account

were subject to legal process or other

encumbrance that restricted the transaction;

© 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, E! Paso, TX

79998-1531.

In case of errors or questions

Ifyou 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 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.

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 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 wedecide 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 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, 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

© 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.

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Page 8 of 8Business Platinum Card®