American Express National Bank Plaintiff vs. Rene Oliva Defendant

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 allaged

‘oral agreement.

‘We cannot increase the interest rate on existing balances:

‘except in limited circumstances.

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

right to reject a change. We cannot change certain

terms during the first year of your Cardmembership.

Words we use in

the Agreement

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

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

this Account and for whom we opened the Account. You

‘and your also mean anyone who agrees to pay for this

Account. You are the Basic Cardmember. You may

request a card for an Additional Cardmember {see

About Additional Cardmembers in Part 2).

‘Card means any card or other device that we issue to

‘acoess your Account. A charge is any amount added

to your Account, such as purchases, cash advances,

balance transfers, fees and interest charges.

A purchase is a charge for goods, services, or

person-to-person transactions. A cash advance

isa charge to get cash of cash equivalents,

including travelers cheques. gift cheques, foreign

‘currency, money orders, casino gaming chips, race

track wagers or similar offline and online betting

transactions. A balance transfer is a charge to pay

an amount you owe on another credit card account. A

person-to-person transaction is a charge for funds

sent to another person. A plans a portion of your

account balance that you have selected to pay over,

time through a set number of monthly payments using

Plan It.

To pay by a certain date means to send your payment

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

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

About using your card

Using the card

Promise to pay

‘You may use the card to make purchases. At our

discretion, we may permit you to create plans, make

cash advances or balance transfers. You cannot transfer

balances from any other acoount issued by us or our

affiliates.

‘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 ot if your account status is updated,

including if your account is cancelled. If you do not

‘want us to share your updated account information,

please contact us using the number on the back of

your card.

Keep your card safe and don’ 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 activites.

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

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

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

Credit limit and cash

advance limit

‘We assign 3 Credit Limit to your Account. We may make

part of your Credit Limit available for cash advances

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

amount you can withdraw from ATMs in a given period.

‘The Credit Limit and Cash Advance Limit are shown on

page 1 of Part 1 and on each billing statement.

We may increase or reduce your Credit Limit and Cash

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

your Account is not in defautt.

You agree to manage your Account so that:

‘* your Account balance (including fees and interest)

is not more than your Credit Limit, and

your cash advance balance (including fees and

interest) is not more than your Cash Advance

Umit.

We may approve charges that cause your Account

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

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

promptty pay the amount of your Account balance

above your Credit Limit, you agree to do so.

Causes of Action

COUNT 1- BREACH OF CONTRACT