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Filing # 80131898 E-Filed 10/31/2018 01:00:48 PM
IN THE CIRCUIT COURT
IN AND FOR ST LUCIE
COUNTY, FLORIDA
CASE NO. 562018CA002041AXXXHC.
DIVISION: Judge Robert Belanger
AMERICAN EXPRESS NATIONAL BANK,
Plaintiff,
Vs.
ROBERT DOSTAL AKA ROBERT J DOSTAL JR and
MOTORCOACH MARKETING INTERNATIONAL,
INC.
Defendant(s)
COMPLAINT
The Plaintiff, AMERICAN EXPRESS NATIONAL BANK, (hereinafter “Plaintiff’) sues
the Defendant(s), ROBERT DOSTAL AKA ROBERT J DOSTAL JR and MOTORCOACH
MARKETING INTERNATIONAL, INC. (hereinafter “Defendant(s)”) and says:
1. Plaintiff is a National Bank located in Utah. On April 1, 2018, American Express
Centurion Bank changed its name to American Express National Bank. Additionally, on April 1,
2018, American Express Bank, FSB merged with American Express National Bank, with
American Express National Bank as the surviving entity after the merger.
2. That this is an action for damages that does exceed $15,000.00, exclusive of interest
and court costs.
BREACH OF CONTRACT
3. This action is based upon a Credit Account Agreement entered into by the
Defendant(s) with the Plaintiff.
4. The Defendant(s) used or authorized the use of the Account to incur charges, or
receive cash advances, or kept the Account open for future use, and by such action assumed the
obligations of the terms and conditions of the Account. (A record of the governing terms and
conditions of the Credit Account Agreement are attached and incorporated as Exhibit A).
5. A record of the account statement is attached. See Exhibit B.
6. The Defendant(s) subsequently defaulted on the terms and conditions of the Account
and the Plaintiff accelerated the full balance due and owing on the Account.7. The Defendant(s) owes the Plaintiff $68,401.70.
8. Plaintiff has performed all conditions precedent to bringing this action, or the same ~
have been waived by the Defendant(s).
WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s).
ZWICKER & ASSOCIATES, P.C.
/s/ Nataija J. Brown, E59.
7 CHRISTINA N. CHARLET, ESQ.
FLORIDA BAR #0099460
© ERIC B. COOLEY, ESQ.
FLORIDA BAR #111433
0 NATAIJA J. BROWN, ESQ.
FLORIDA BAR #119491
0 JESSICA L. FREDERICK, ESQ.
FLORIDA BAR #123805 +
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
ATTORNEY FOR PLAINTIFF
10751 DEERWOOD PARK BLVD
SUITE 100
JACKSONVILLE, FL 32256
Phone: (904)997-2140
Fax: (904)997-2151
Email: FLORIDALITIGATION@ZWICKERPC.COMEXHIBIT A
SCRTransfer
The Business Platinum Card®
Issuer: American Express Bank, FSB
Cardmember Agreement: Part 1 of 2 As of: 07/12/2012
Company Name:MOTORCOACH MARKETING
Cardmember Name: ROBERT DOSTAL
Account Ending nD
Rates and Fees Table
eens een merrier eit
on Percentage Rate 145, 24% (Prime Rate + 11.99%)
This APR will vary based on the Prime Rate.
Penalty APR and When it = |27.24% (Prime Rate + 23.99%)
Applies This APR will vary based on the Prime Rate.
This APR will apply to your account if:
1} you make a payment that is returned;
2) you make 2 late payments in 12 months; or
3) any minimum amount due remains unpaid for 2 billing periods in a row.
How Long Will the Penalty APR Apply? If the Penalty APR is applied for any of these
reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row.
In addition, the Penalty APR will continue to apply until after you have made timely
payments with no returned payments for 12 billing periods in a row.
How to Avoid Paying Your due date is at least 25 days after the close of each billing period. We will not charge
t
interest a
Annual Membership Fee $450
* Returned Payment
Transaction Fees
+ Foreign Transaction None
Penalty Fees
* Late Payment $35 or 2.99% of the past due amount, whichever is greater.
$35
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
349990725304853 CMAEUAOT0000010 996650 Page 1 of 2
996625How Rates and Fees Work
rae
FE
Annual Membership
Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to
APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR} is 1/365th
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime+Margin APR DPR
Annual Percentage Rate Prime + 11.99% 18.24% 0.0417%
Penalty APR Prime + 23.99% 27.24% 0.0746%
When the penalty APR will | The Penalty APR applies to Pay Over Time balances If:
apply * you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which its due 2 times in 12 billing periods,
* you do not pay af least the Minimum Payment Due by the Closing Date of the billing period in
which it is due and you still do not pay it by the Closing Date of the next billing period, or
* your payment is retumed by your bank.
How long the penalty APR | The penalty APR will apply until after you have made timely payments, with no retumed payments for
will apply 12 billing periods in a row.
This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $300 for each additional
Business Platinum Card, $300 for each additional Executive Business Card, $75 for each additional
Business Purchase Card, and $45 for each additional Business Gold Card.
Late Payment
$35 (lowa $15) if you do not pay the Amount Due on a billing statement before the 20th day after the
next Closing Date.
Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an
additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (lowa
$15).
For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the
greater of $35 or 2.99% of any amount past due (lowa $15).
Paying late may also result in a Penalty APR. See When the penalty APR will apply above.
Returned Payment
$35 if your payment is returned unpaid the first time we present It to your bank. A retumed
may also result in a Penalty APR for Pay Over Time balances. See When the penalty APR will apply
above.
Returned Check
$38 if you use your card to cash a check at one of our approved locations and the check is retumed
unpaid. We will also charge you the unpaid amount.
Foreign Transaction
None:
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
349990725304853 CMAEUAOT0000010 996650 Page 2 of 2
996629FDR 996650
Cardmember Agreement: Part 2 of 2
How Your American Express Account Works
Doc 27310
Introduction
About your Cardmember
Agreement
This document together with Part 1 make up
the Cardmember Agreement (Agreement) for
the Account identified on page 1 of Part 1. Any
supplements or amendments are also part of the
Agreement.
When you or an Additonal Cardmember, as defined
below, use the Account (or sign or keep a card), you
and the Addional Cardmember agree to the terms of
the Agreement.
Words we use in the
We, us, and our mean the issuer shown on page
Card means any card or other device that we issue
Agreement 4 of Part 1. Except as provided below, Basic to access your Account. A charge is any amount
Cardmember.means the person who applied for this added to your Account, such as purchases and fees.
account or to whom we address billing standards. A purchase is a charge for goods or services.
‘Company means the business for which the Account .
is established. You and your mean the Basic To pay by a certain date means to send your payment
Cardmember and the Company. You agree jointy 80 that we receive it and credit it to your Account by
and severally, to be bound by the terms of this that date (see About your payments on page 2 of Part
Agreement. 2).
Additional Cardmembers ‘At your request, we may issue cards to Additional You must telf Additional Card members that:
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.
® we may obtain, provide and use information about
them.
their use of the Account is subject to this
Agreement.
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.
Replacement Basic
Cardmember
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
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.
About using your card
Using the card
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.
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
Tesources that we know about.
You, or any Additional Cardmembers, may arrange
for certain merchants to charge the Account at regular
intervals. We may (but are not required to) tell these
merchants about your Account. status or changes
to your card number or expiration date. 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.
Promise to pay
You promise to pay all charges, including:
® 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.
Additional Cardmembers agree to be personally liable
for charges made using their card. We may seek
payment from them for charges made on their card if
neither the Company nor the Basic Cardmember pay
us.
Declined transactions We may decline to authorize a charge. Reasons We are not responsible for any losses you incur if we
we may do this include suspected fraud and our do not authorize a charge. And we are not responsible
assessment of your creditworthiness. This may occur __if any merchant refuses to accept the card.
even if your Account is not in default.
Version 996650 Page 1 of 10About Pay Over Time features
We may add features to the Account that allow you to
pay certain charges over time. These features include
Sign & Travel® and the Extended Payment Option.
If you 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.
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 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 $20,000. We will tell you if we
change that amount. You must pay in full all charges
that are not placed into a Pay Over Time balance
upon receipt of the billing statement. We may change
which charges are eligible to be placed into a Pay
Over Time balanance.
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 Closing Date. The
Closing Date is the last day of the billing period
covered by the statement. Each Closing Date is about
30 days after the previous statement's Closing Date.
How to make payments
Make payments to us in U.S. dollars with:
asingle check drawn on a U.S. bank, or
¢ asingle negotiable instrument clearable through
the U.S. banking system, for example a money
order, or
* anelectronic payment that can be cleared
through the U.S. banking system.
When making a payment by mai
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).
Ifwe 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
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.
Ifyou 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.
After the Minimum Payment Due has been paid, we
apply payments to the remaining Pay Over Time
balances. When we do this, we apply payments first
to the balance with the lowest interest rate and then to
balances with higher 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
How we calculate your
Minimum Payment Due
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) $36.
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.
Version 996650
Page 2 of 10About 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
e Daily Periodic Rate (DPR) x
number of days the DPR was in effect.
ADB
To get the ADB for a balance, we add up its daily
balances. Then we divide the result by the number
of days the DPR for that balance was in effect. if the
daily balance is negative, we treat it as zero.
DPR
A DPR is 1/365th of an APR, rounded to one
tenthousandth of a percentage point. Your DPRs are
shown in How Rates and Fees Work on page 2 of
Part 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
fo the previous day's daily batance 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 daily 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. Aiso, we may choose not to charge interest on
certain types of charges.
Determining the Prime Rate
We use the Prime Rate from the Money Rates
section (or successor section) of The Wall Street
Journal. The Prime Rate for each billing period is the
Prime Rate published in The Wall Street Journal 2
days before the Closing Date of the billing period.
The Wall Street Journal may not publish the Prime
Rate on that day. if it does not, we will use the Prime
Rate from the previous day it was published. If The
Wall Street Journal is no longer published, we may
use the Prime Rate from any other newspaper of
general circulation in New York, New York. Or we may
choose to use a similar published rate.
If the Prime Rate increases, variable APRs (and
corresponding DPRs) will increase. In that case,
you may pay more interest and may have a higher
Minimum Payment Due. When the Prime Rate
changes, the resulting changes to variable APRs take
effect as of the first day of the billing period.
Version 996650
Page 3 of 10Other 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 orat
agreement.
Converting charges made ina
foreign currency
Ifyou make a charge in a foreign currency, we will
convert it into U.S. dollars on the date we or our
agents process it. Unless a particular rate is required
by law, we will choose a conversion rate that is
acceptable to us for that date. The rate we use is no
more than the highest official rate published by a
government agency or the highest interbank rate
we identify from customary banking sources on the
conversion date or the prior business day. This rate
may differ from rates that are in effect on the date
of your charge. We will bill charges converted by
establishments (such as airlines) at the rates they use.
Changing your billing address
Closing your Account
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.
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 defauit under another agreement you have
with us or an affiliate,
you become incapacitated or die, or
we believe you are unable or unwilling to pay
your debts when due.
‘We may do any of these things at our discretion, even
if you pay on time and your Account is not in default.
If your Account is cancelled, you must destroy your
cards.
We may agree to reinstate your Account after a
cancellation. If we do this, we may:
© reinstate any additional cards issued on your
Account,
‘© charge you any applicable annual fees, and
© charge you a fee for reinstating the Account.
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 attorneys’ 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 may obtain credit reports about
you (and, subject to applicable law, any Additional
Cardmembers), investigate your and any Additional
Cardmembers' ability to pay, and obtain information
about you and any Additional Cardmembers from
other sources. And you agree that we may use such
information for any purposes, subject to applicable
law.
You agree that we may give information about the
Account to credit reporting agencies. We may tell a
credit reporting agency if you fail to comply with any
term of this Agreement. This may have a negative
impact on your or any Additional Cardmember's 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
Version 996650
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 calll us, or at which
we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you
using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar
device, even if you are charged for it.
Call monitoring
We may monitor and record any calls between you and us.
Page 4 of 10About insurance products
‘Company or another affiliate is the insurer or reinsurer.
Compensation may influence what products and
providers we or our affiliates tell you about.
‘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
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
When you pay us by check, you authorize us to Ifwe do this, your payment may be deducted from
debits from your checking electronically deduct the amount from your bank or —_ your bank or other asset account on the same day
account other asset account. we receive your check. Also, you will not receive that
We may process the check electronically by cancelled check with your bank or asset account billing
transmitting to your financial institution: statement.
¢ theamount If we cannot collect the funds electronically, we may
: te pecount number and issue a draft against your bank or other asset account
e the check serial number. for the amount of the check.
ExpressPay 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.
Privacy 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
If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we
do so, you assign and transfer to us ail 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 oredited 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 govem 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.
Version 996650 Page 5 of 10Arbitration
This Arbitration provision sets forth the
circumstances and procedures under which
claims may be arbitrated instead of litigated in
court,
Definitions
As used in this Arbitration provision, the term
claim means any claim, dispute or controversy
between you and us arising from or relating to
your Account, this Agreement, the Electronic
Funds Transfer Services Agreement, and any
other related or prior agreement that you may
have had with us, or the relationships resulting
from any of the above agreements, except
for the validity, enforceability or scope of this
Arbitration provision. For purposes of this,
Arbitration provision, you and us also includes
any corporate parent, or wholly or majority
owned subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any
purchaser of any accounts, all agents, employees,
directors and representatives of any of the
foregoing, and other persons referred to below in
the definition of claims. Ciaim includes claims of
every kind and nature, including but not limited
to, initial claims, counterclaims, crossclaims
and third-party claims and claims based upon
contract, tort, fraud and other intentional, torts,
statutes, regulations, common law and equity.
Claim also includes claims by or against any third
party using or providing any product, service or
benefit in connection with any account (including,
but not limited to, credit bureaus, third parties who
accept the card, third parties who use, provide or
participate in fee-based or free benefit programs,
enrollment services and rewards programs,
credit insurance companies, debt collectors
and all of their agents, employees, directors
and representatives) if and only if, such third
party is a party in connection with the claim. The
term claim is to be given the broadest possible
meaning that will be enforced and includes, by
way of example and without limitation, any claim,
dispute or controversy that arises from or relates
to (a) any of the accounts created under any of
the agreements, or any balances on any such
accounts, (b) advertisements, promotions or
oral or written statements related to any such
accounts, goods or services financed under any
of the accounts or the terms of financing, (c) the
benefits and services related to Cardmembership
(including fee-based or free benefit programs,
enrollment services and rewards programs), and
(d) your application for any account. We shall
not elect to use arbitration under this Arbitration
provision for any claim that you properly file and
pursue in a small claims court of your state or
municipality so long as the claim is individual and
pending only in that court.
Initiation of Arbitration
Any claim shalll be resolved, upon the election
by you or us, by arbitration pursuant to this
Arbitration provision and the code of procedures
of the arbitration organization to which the claim
is referred in effect at the time the claim is filed
(code), except to the extent the code conflicts with
this Agreement. Claims shall be referred to either
JAMS or the American Arbitration Association
(AAA), as selected by the party electing to use
arbitration, If our
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selection of either of these organizations is
unacceptable to you, you may select the other
organization within 30 days after you receive
notice of our selection. For a copy of the code,
to file a claim or for other information, contact
either JAMS (1920 Main St #300, irvine, CA
92614 or jamsadr.com) or AAA (335 Madison
Ave, New York, NY 10017 or adr.org).
In addition to the organizations listed above,
claims may be referred to any other arbitration
organization that is mutually agreed upon
in writing by you and us, or to an arbitration
organization or arbitrator(s) appointed pursuant
to § 5 of the Federal Arbitration Act, 9 U.S.C.
§§ 1-16, as it may be amended (FAA), provided
that any such organization and arbitrator(s)
will enforce the terms of the Restrictions on
Arbitration subsection set forth below.
Significance of Arbitration
IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, 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
OF CLAIMANTS PERTAINING TO ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS
SET FORTH BELOW, THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING.
NOTE THAT OTHER RIGHTS THAT YOU
OR WE WOULD HAVE IF YOU WENT TO
‘COURT ALSO MAY NOT BE AVAILABLE IN
ARBITRATION.
Restrictions on Arbitration
IF EITHER PARTY ELECTS TO RESOLVE
A CLAIM BY ARBITRATION, THAT CLAIM
SHALL BE ARBITRATED ON AN INDIVIDUAL
BASIS. THERE SHALL 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 to resolve claims is limited
to claims between you and us alone, and the
arbitrator's authority to make awards is limited
fo awards to you and us alone. Furthermore,
claims brought by you against us, or by us
against you, may not be joined or consolidated
in arbitration with claims brought by or against
someone other than you, unless agreed to in
writing by all parties. No arbitration award or
decision will have any preclusive effect as to
issues or claims in any dispute with anyone
who is not a named party to the arbitration.
Notwithstanding any other provision of this
Agreement (including but not limited to the
Continuation subsection below) and without
waiving either party's right to appeal such
decision, should any portion of this Restrictions
‘on Arbitration subsection be deemed invalid
or unenforceable, then the entire Arbitration
provision (other than this sentence) shall not
apply.
Page 6 of 10
Arbitration Procedures
This Arbitration provision is made pursuant to
transactions involving interstate commerce and
shall be governed by the FAA. The arbitration
shall be governed by the applicable code,
except that this Agreement shall apply if there
are any conflicts, The arbitrator shall apply
applicable substantive law consistent with the
FAA and applicable statutes of limitations, shall
honor claims of privilege recognized at law,
and, at the timely request of either party, shall
provide a brief written explanation of the basis
for the decision. The arbitration proceeding
shall not be governed by any federat or state
rules of civil procedure or rules of evidence.
Any party may request that the arbitrator
expand the scope of discovery by doing so
in writing and copying any other parties,
who shall have 15 days to make objections.
The arbitrator will notify the parties of his/
her decision within 20 days of any objecting
party's submission. The arbitrator shall take
reasonable steps to preserve privacy, The
arbitrator's award shall be final and binding,
except for any right of appeat provided by
the FAA; however, either party shall have 30
days to appeal that decision by notifying the
arbitration organization and any other parties
in writing. The organization will then appoint
a three-arbitrator panel which shall consider
anew any aspect of the decision objected to by
the appealing party. The panel shall issue its
decision, by majority vote, within 120 days of
the appealing party's written notice. Judgment
upon any award rendered by the arbitrator
or panel may be entered in any court having
jurisdiction.
Location of Arbitration
Arbitration hearings you attend shall take place
in the federal judicial district of your residence.
Payment of Fees
You will be responsible for paying your share,
if any, of the arbitration fees (including filing,
administrative, hearing and/or other fees), but
only up to the amount of the filing fees you
would have incurred if you had brought a claim
in the state or federal court closest to your
billing address that would have had jurisdiction.
We will be responsible for any additional
arbitration fees. At your written request, we
will consider in good faith making a temporary
advance of all or part of your share of any
arbitration fees. You will not be assessed any
arbitration fees in excess of your share if you
do not prevail in any arbitration with us.
Continuation
This Arbitration provision shall survive
termination of your Account; voluntary payment
of the Account balance in full by you; any legal
proceeding by you or us to collect a debt owed
by the other: any bankruptcy by you or us; and
any sale by us of your Account (in the case
of a sale, its terms shall apply to the buyer of
your Account). If any portion of this Arbitration
provision, except as otherwise provided in
the Restrictions on Arbitration subsection,
is deemed invalid or unenforceable, it shall
not invalidate the remaining portions of this.
provision.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
Hfyour 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
Funds Transfer Service of ours (service) such as_ bank may charge you a fee if this happens.
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 consumer 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.
‘You can get a receipt from the ATM each time you
withdraw money from your bank account using
Express Cash.
For each withdrawal made in a foreign currency,
we charge a fee of 2.7% of the converted U.S.
dollar amount. 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
chargesmade 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 withdrawals
We apply the following limits to withdrawals. The
ATM operator may also impose fimits.
Zync CardSM $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
AutoPay, Pay By Computer, Pay By Phone
With these services, you can initiate electronic
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.
Version 996650
How to stop AutoPay payments
Ifyou 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, Ei
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 2 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 3 business days before the
payment is scheduled fo 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 ail 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.
Ifyou 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 fose 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. Cali 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;
if the transfer would go over the credit limit
on any overdraft line you may have;
if the 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 govemment agency or court
orders, or
°
Page 7 of 10
‘¢ 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 fo 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 and Pay By Computer questions, and
at 1-800-CASH-NOW for Express Cash and
AutoPay 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
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.
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 (of the day we
decide we need more time) for the amount you
think is in error so that you will have use of the
funds during the time it takes to complete our
investigation.
If we ask you to put your complaint or question
in writing and we do not receive it within 10
business days, we may not credit your bank
account for the amount you question.
‘We will tell you the results within 3 business
days after completing our investigation. If we
decide that there was no error, we will send
you a written explanation. You may ask for
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.
Billing Dispute Procedure
What To Do If You Find a Mistake on Your
Statement
Ifyou think there is an error on your statement,
write to us at:
‘American Express
PO Box 981535
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.
Version 996650
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
What Will Happen After We Receive Your
Letter
When we receive your letter, we will do two
things:
1. 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.
2. Within 90 days of receiving your letter, we 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 8 of 10
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
Preview
Filing # 80131898 E-Filed 10/31/2018 01:00:48 PM IN THE CIRCUIT COURT IN AND FOR ST LUCIE COUNTY, FLORIDA CASE NO. 562018CA002041AXXXHC. DIVISION: Judge Robert Belanger AMERICAN EXPRESS NATIONAL BANK, Plaintiff, Vs. ROBERT DOSTAL AKA ROBERT J DOSTAL JR and MOTORCOACH MARKETING INTERNATIONAL, INC. Defendant(s) COMPLAINT The Plaintiff, AMERICAN EXPRESS NATIONAL BANK, (hereinafter “Plaintiff’) sues the Defendant(s), ROBERT DOSTAL AKA ROBERT J DOSTAL JR and MOTORCOACH MARKETING INTERNATIONAL, INC. (hereinafter “Defendant(s)”) and says: 1. Plaintiff is a National Bank located in Utah. On April 1, 2018, American Express Centurion Bank changed its name to American Express National Bank. Additionally, on April 1, 2018, American Express Bank, FSB merged with American Express National Bank, with American Express National Bank as the surviving entity after the merger. 2. That this is an action for damages that does exceed $15,000.00, exclusive of interest and court costs. BREACH OF CONTRACT 3. This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit A). 5. A record of the account statement is attached. See Exhibit B. 6. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account.7. The Defendant(s) owes the Plaintiff $68,401.70. 8. Plaintiff has performed all conditions precedent to bringing this action, or the same ~ have been waived by the Defendant(s). WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s). ZWICKER & ASSOCIATES, P.C. /s/ Nataija J. Brown, E59. 7 CHRISTINA N. CHARLET, ESQ. FLORIDA BAR #0099460 © ERIC B. COOLEY, ESQ. FLORIDA BAR #111433 0 NATAIJA J. BROWN, ESQ. FLORIDA BAR #119491 0 JESSICA L. FREDERICK, ESQ. FLORIDA BAR #123805 + ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection ATTORNEY FOR PLAINTIFF 10751 DEERWOOD PARK BLVD SUITE 100 JACKSONVILLE, FL 32256 Phone: (904)997-2140 Fax: (904)997-2151 Email: FLORIDALITIGATION@ZWICKERPC.COMEXHIBIT A SCRTransfer The Business Platinum Card® Issuer: American Express Bank, FSB Cardmember Agreement: Part 1 of 2 As of: 07/12/2012 Company Name:MOTORCOACH MARKETING Cardmember Name: ROBERT DOSTAL Account Ending nD Rates and Fees Table eens een merrier eit on Percentage Rate 145, 24% (Prime Rate + 11.99%) This APR will vary based on the Prime Rate. Penalty APR and When it = |27.24% (Prime Rate + 23.99%) Applies This APR will vary based on the Prime Rate. This APR will apply to your account if: 1} you make a payment that is returned; 2) you make 2 late payments in 12 months; or 3) any minimum amount due remains unpaid for 2 billing periods in a row. How Long Will the Penalty APR Apply? If the Penalty APR is applied for any of these reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row. In addition, the Penalty APR will continue to apply until after you have made timely payments with no returned payments for 12 billing periods in a row. How to Avoid Paying Your due date is at least 25 days after the close of each billing period. We will not charge t interest a Annual Membership Fee $450 * Returned Payment Transaction Fees + Foreign Transaction None Penalty Fees * Late Payment $35 or 2.99% of the past due amount, whichever is greater. $35 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. 349990725304853 CMAEUAOT0000010 996650 Page 1 of 2 996625How Rates and Fees Work rae FE Annual Membership Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR} is 1/365th the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime+Margin APR DPR Annual Percentage Rate Prime + 11.99% 18.24% 0.0417% Penalty APR Prime + 23.99% 27.24% 0.0746% When the penalty APR will | The Penalty APR applies to Pay Over Time balances If: apply * you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which its due 2 times in 12 billing periods, * you do not pay af least the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Closing Date of the next billing period, or * your payment is retumed by your bank. How long the penalty APR | The penalty APR will apply until after you have made timely payments, with no retumed payments for will apply 12 billing periods in a row. This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $300 for each additional Business Platinum Card, $300 for each additional Executive Business Card, $75 for each additional Business Purchase Card, and $45 for each additional Business Gold Card. Late Payment $35 (lowa $15) if you do not pay the Amount Due on a billing statement before the 20th day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (lowa $15). For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the greater of $35 or 2.99% of any amount past due (lowa $15). Paying late may also result in a Penalty APR. See When the penalty APR will apply above. Returned Payment $35 if your payment is returned unpaid the first time we present It to your bank. A retumed may also result in a Penalty APR for Pay Over Time balances. See When the penalty APR will apply above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is retumed unpaid. We will also charge you the unpaid amount. Foreign Transaction None: Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 349990725304853 CMAEUAOT0000010 996650 Page 2 of 2 996629FDR 996650 Cardmember Agreement: Part 2 of 2 How Your American Express Account Works Doc 27310 Introduction About your Cardmember Agreement This document together with Part 1 make up the Cardmember Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you or an Additonal Cardmember, as defined below, use the Account (or sign or keep a card), you and the Addional Cardmember agree to the terms of the Agreement. Words we use in the We, us, and our mean the issuer shown on page Card means any card or other device that we issue Agreement 4 of Part 1. Except as provided below, Basic to access your Account. A charge is any amount Cardmember.means the person who applied for this added to your Account, such as purchases and fees. account or to whom we address billing standards. A purchase is a charge for goods or services. ‘Company means the business for which the Account . is established. You and your mean the Basic To pay by a certain date means to send your payment Cardmember and the Company. You agree jointy 80 that we receive it and credit it to your Account by and severally, to be bound by the terms of this that date (see About your payments on page 2 of Part Agreement. 2). Additional Cardmembers ‘At your request, we may issue cards to Additional You must telf Additional Card members that: 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. ® we may obtain, provide and use information about them. their use of the Account is subject to this Agreement. 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. Replacement Basic Cardmember 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 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. About using your card Using the card 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. 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 Tesources that we know about. You, or any Additional Cardmembers, may arrange for certain merchants to charge the Account at regular intervals. We may (but are not required to) tell these merchants about your Account. status or changes to your card number or expiration date. 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. Promise to pay You promise to pay all charges, including: ® 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. Additional Cardmembers agree to be personally liable for charges made using their card. We may seek payment from them for charges made on their card if neither the Company nor the Basic Cardmember pay us. Declined transactions We may decline to authorize a charge. Reasons We are not responsible for any losses you incur if we we may do this include suspected fraud and our do not authorize a charge. And we are not responsible assessment of your creditworthiness. This may occur __if any merchant refuses to accept the card. even if your Account is not in default. Version 996650 Page 1 of 10About Pay Over Time features We may add features to the Account that allow you to pay certain charges over time. These features include Sign & Travel® and the Extended Payment Option. If you 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. 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 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 $20,000. We will tell you if we change that amount. You must pay in full all charges that are not placed into a Pay Over Time balance upon receipt of the billing statement. We may change which charges are eligible to be placed into a Pay Over Time balanance. 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 Closing Date. The Closing Date is the last day of the billing period covered by the statement. Each Closing Date is about 30 days after the previous statement's Closing Date. How to make payments Make payments to us in U.S. dollars with: asingle check drawn on a U.S. bank, or ¢ asingle negotiable instrument clearable through the U.S. banking system, for example a money order, or * anelectronic payment that can be cleared through the U.S. banking system. When making a payment by mai 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). Ifwe 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 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. Ifyou 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. After the Minimum Payment Due has been paid, we apply payments to the remaining Pay Over Time balances. When we do this, we apply payments first to the balance with the lowest interest rate and then to balances with higher 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 How we calculate your Minimum Payment Due 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) $36. 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. Version 996650 Page 2 of 10About 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 e Daily Periodic Rate (DPR) x number of days the DPR was in effect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. if the daily balance is negative, we treat it as zero. DPR A DPR is 1/365th of an APR, rounded to one tenthousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 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 fo the previous day's daily batance 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 daily 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. Aiso, we may choose not to charge interest on certain types of charges. Determining the Prime Rate We use the Prime Rate from the Money Rates section (or successor section) of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing period. The Wall Street Journal may not publish the Prime Rate on that day. if it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. Version 996650 Page 3 of 10Other 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 orat agreement. Converting charges made ina foreign currency Ifyou make a charge in a foreign currency, we will convert it into U.S. dollars on the date we or our agents process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us for that date. The rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use. Changing your billing address Closing your Account 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. 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 defauit under another agreement you have with us or an affiliate, you become incapacitated or die, or we believe you are unable or unwilling to pay your debts when due. ‘We may do any of these things at our discretion, even if you pay on time and your Account is not in default. If your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after a cancellation. If we do this, we may: © reinstate any additional cards issued on your Account, ‘© charge you any applicable annual fees, and © charge you a fee for reinstating the Account. 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 attorneys’ 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 may obtain credit reports about you (and, subject to applicable law, any Additional Cardmembers), investigate your and any Additional Cardmembers' ability to pay, and obtain information about you and any Additional Cardmembers from other sources. And you agree that we may use such information for any purposes, subject to applicable law. You agree that we may give information about the Account to credit reporting agencies. We may tell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your or any Additional Cardmember's 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 Version 996650 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 calll us, or at which we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it. Call monitoring We may monitor and record any calls between you and us. Page 4 of 10About insurance products ‘Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about. ‘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 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 When you pay us by check, you authorize us to Ifwe do this, your payment may be deducted from debits from your checking electronically deduct the amount from your bank or —_ your bank or other asset account on the same day account other asset account. we receive your check. Also, you will not receive that We may process the check electronically by cancelled check with your bank or asset account billing transmitting to your financial institution: statement. ¢ theamount If we cannot collect the funds electronically, we may : te pecount number and issue a draft against your bank or other asset account e the check serial number. for the amount of the check. ExpressPay 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. Privacy 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 If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us ail 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 oredited 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 govem 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. Version 996650 Page 5 of 10Arbitration This Arbitration provision sets forth the circumstances and procedures under which claims may be arbitrated instead of litigated in court, Definitions As used in this Arbitration provision, the term claim means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements, except for the validity, enforceability or scope of this Arbitration provision. For purposes of this, Arbitration provision, you and us also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of claims. Ciaim includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional, torts, statutes, regulations, common law and equity. Claim also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is a party in connection with the claim. The term claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under this Arbitration provision for any claim that you properly file and pursue in a small claims court of your state or municipality so long as the claim is individual and pending only in that court. Initiation of Arbitration Any claim shalll be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time the claim is filed (code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association (AAA), as selected by the party electing to use arbitration, If our Version 996650 selection of either of these organizations is unacceptable to you, you may select the other organization within 30 days after you receive notice of our selection. For a copy of the code, to file a claim or for other information, contact either JAMS (1920 Main St #300, irvine, CA 92614 or jamsadr.com) or AAA (335 Madison Ave, New York, NY 10017 or adr.org). In addition to the organizations listed above, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration subsection set forth below. Significance of Arbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, 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 OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENT TO ‘COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL 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 to resolve claims is limited to claims between you and us alone, and the arbitrator's authority to make awards is limited fo awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision of this Agreement (including but not limited to the Continuation subsection below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions ‘on Arbitration subsection be deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) shall not apply. Page 6 of 10 Arbitration Procedures This Arbitration provision is made pursuant to transactions involving interstate commerce and shall be governed by the FAA. The arbitration shall be governed by the applicable code, except that this Agreement shall apply if there are any conflicts, The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federat or state rules of civil procedure or rules of evidence. Any party may request that the arbitrator expand the scope of discovery by doing so in writing and copying any other parties, who shall have 15 days to make objections. The arbitrator will notify the parties of his/ her decision within 20 days of any objecting party's submission. The arbitrator shall take reasonable steps to preserve privacy, The arbitrator's award shall be final and binding, except for any right of appeat provided by the FAA; however, either party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. The organization will then appoint a three-arbitrator panel which shall consider anew any aspect of the decision objected to by the appealing party. The panel shall issue its decision, by majority vote, within 120 days of the appealing party's written notice. Judgment upon any award rendered by the arbitrator or panel may be entered in any court having jurisdiction. Location of Arbitration Arbitration hearings you attend shall take place in the federal judicial district of your residence. Payment of Fees You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address that would have had jurisdiction. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of any arbitration fees. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. Continuation This Arbitration provision shall survive termination of your Account; voluntary payment of the Account balance in full by you; any legal proceeding by you or us to collect a debt owed by the other: any bankruptcy by you or us; and any sale by us of your Account (in the case of a sale, its terms shall apply to the buyer of your Account). If any portion of this Arbitration provision, except as otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this. provision.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 Hfyour 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 Funds Transfer Service of ours (service) such as_ bank may charge you a fee if this happens. 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 consumer 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. ‘You can get a receipt from the ATM each time you withdraw money from your bank account using Express Cash. For each withdrawal made in a foreign currency, we charge a fee of 2.7% of the converted U.S. dollar amount. 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 chargesmade 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 withdrawals We apply the following limits to withdrawals. The ATM operator may also impose fimits. Zync CardSM $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 AutoPay, Pay By Computer, Pay By Phone With these services, you can initiate electronic 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. Version 996650 How to stop AutoPay payments Ifyou 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, Ei 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 2 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 3 business days before the payment is scheduled fo 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 ail 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. Ifyou 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 fose 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. Cali 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; if the transfer would go over the credit limit on any overdraft line you may have; if the 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 govemment agency or court orders, or ° Page 7 of 10 ‘¢ 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 fo 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 and Pay By Computer questions, and at 1-800-CASH-NOW for Express Cash and AutoPay 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 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. 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 (of the day we decide we need more time) for the amount you think is in error so that you will have use of the funds during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your bank account for the amount you question. ‘We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for 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. Billing Dispute Procedure What To Do If You Find a Mistake on Your Statement Ifyou think there is an error on your statement, write to us at: ‘American Express PO Box 981535 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. Version 996650 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 What Will Happen After We Receive Your Letter When we receive your letter, we will do two things: 1. 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. 2. Within 90 days of receiving your letter, we 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 8 of 10 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