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IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NO:
2067 CC FVAIL
AMERICAN EXPRESS CENTURION BANK
|
Plaintiff,
VS.
MICHAEL CABANA o
Or =
am PT} <3
Defendant. SIRI
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Om ND
(om: Ca
Plaintiff, by and through its undersigned counsel, sues Defendant and states the following=: =‘? = rt
the current billed Finance Charges, or
» $15 (or the New Balance if il 5s less than $25); and
(3) any over-limil fee added to your Account during the billing period.
(4) At our option, we may also include in the Minimum Amount Due
ail or part of other fees incurred during the bifling period and any
parlof the New Balance in excess of your credit fine.
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Late Fees
We may assess a Law fue if a payment of ut izast the Minin Amount
Due is not credited to your Account by the Payment Due Date. The
amount of the Late Fee depends on the amount of the Previous Balance
on the statement on which the Late Fee appears, 2 icllows:
Previous Balance Lale Fee
Less than $100 $15
$100 to $1000 $29
Greater than $1000 $35
Other Fees
We may charge the following fees to your Account, subject to applicable
lav. Except as otherwise noted, these fees will be added tp the Purchase
Balance.
|. Disbonored Payments —We may charge 2 fee of $29 whenever any
check, similar instrument, or electronic payment order that we receive
as payment on your Account is not honored upon Hirst presentpent
If a Card is presented in connection with cashing a check at an
American Express Travel Service Office or other authorized location
and the check is not honored, we may charge 2 fee of $29. (We will
also add a Charge to the Cash Advance balance of your Account in the
amount of the check thatwas not honored.)
. Copies of Statements and Comenience Checks—We may charge a
fee of $3 for each billing period for which a copy of a billing state-
mentis requested, and foreach request for a copy of a convenience
check drawn on your Account We will not charge this fee for any
reqquest for a copy af any of the billing statements for the three billing
periods immediately prior to the request.
_ devpunl Re-opening Fee-We may charge a re-opening fee of $25 if
ynur Account is canceled for ny reson and you request reinstale-
mentand such request is honored.
4. Wire Transfers—We may charge a ize of $15 each time a wire transfer
from your Account is initialed and authorized.
5, Stop Payment Orders—We may charge a fee of $29 each lime we
receive a request lo stop payrnent on a convenience check drawn o9
your Account.
Over-limé! Fee—We may charge a fee of $29 in each billing period
the New Balance on your statement exceeds your credit line.
7. Convessience Check Usoge/Balance Transfer Transaction Fee—We
may charge 2 transaction fee for each Balance Transfer and each
convenience check drawn on your Account. This fee, 2 FINANCE
CHARGE, will be 3% of the amount transferred, with a minimum of
$5 and a maximum of $50. This fee will he added to thesame
Purchase or Cash Advance balance as the convenience check transac-
tion of Balance Transfer.
_ ATM Fee—We will impose a fee each time a Card is used to obtain
cash or any other services from an ATM. This fee wil] be 3% of the
amount of the cash withdrauwn or other services obtained (including
suny aulditional fee impased for use of the ATM by its operator), with a
minimum of $5. This fee will be added to the Cash Advance balance.
Suspension/Cancellation
Ip addilion to any other actions we may take under this Agreement, we
may suspend or cancel your Account pr any feature offered in connec-
Hon with your Account, we may reduce your credit line or cash advance
lirnit (including to a level below your outstanding balance), and/or we
may suspend or cancel Ure authorization of any Additional Cardmember
to make Charges to your Account, af our sole discretion af any lime, with
or without cause, whether or nut your Account is in default, and without
viving you notice, subject to applicable lave Any such action on our part
wil] not cancel your ubtipation lo pay all Charges due on your Accbunl
under the terms of this Agreement in effect at the time of such action of
as subsequently amended, and you agre= to pay Us all such Charges
despite any such acliun. We may gdvise third parties who accept the Card
that the Card(s) issued to you and/or Additional Cardmembers have
been canceled. If we cancel the Card or it expires, you may no Jonger use
it and you must desuay il or reaarn iL to us oF, if we request, to 2 third
party. If you want to cancel the Account or any Ailditional Cards, you
must notify us and destroy the Card(s).
f-we aures to reinstzie your Account aher a cancellation, the new
Agreementwe send yuu (or, if we do not send you anew Agreement this
Agreginent as it may be amended) will gorem) sour reinstated AccounL
When we reinstate
your AccoUNL Wwe mMav reinsule any Additional Cards issued in connec-
Gon with your Account, and bili you the applicable znnual [ee(s).
Default
We may consider your Account 1 be in default at any time if you fail to
pay us any amount when itds due, or if you breach any other promise or
pbligation under this Agreement
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Subject to upplicabie law, we may also consider your Account to be in
default at any time if any staterpent made by you us in connection
with this Accovot or any other credit program was false or misleading, if
you breach any promise or obligation under any other agreement! that
you may have with us orwith any of our aililiates if we receive inforna-
tion indicating that you are bankrupt, intend to file bankruptry, or are
unable to pay your debts as they become due; or we receive infomation
leading us to conclude that you are otherwise not creditworthy. In evalv-
aling your creditworthiness, you agree that we may rely on Information
contained in consumer reports, and in our discrefion we may consider
the amount of debt you are carrying compared [b your resources OF BLY
other of our credit characteristics, regardless of your periprmance on
this Account. We may also consider your Account in default in the event
of your death.
In the event of your default, and subject to any limitalions or require-
meats of applicable law, we may require payment of a portion of your
outstanding balance greater than the Minimum Amount Due, declare
the entire arnount of your obligations to us immediately due ond
payable, and/or suspend or cancel your Account and/or any feature that
may be offered in connection with the Account You apree to pay all
reasonable costs, including reesonable attorneys fees, incurred by us (1)
ip connection with the collection of any amount due on your Account,
whether or not any arbitration, litigation, or similar proceedings are
iniiated: and (2) in reasonably protecting ourselves irom any ioss,
harm, or risk relating to any defaull on your Account
Transactions Made in Foreign Currencies .
{f you incur a Charge in a foreign currency, it will be converted into U.S.
ollars on the date itis processed by us or our agents. Unless a particular
rate is required by applicable taw, you authorize us to choose a conver-
sion rate that is acceptable to us for that date. Currently, the conversion
rale we use for a Charge in a foreign currency is no grealer than (a) the
highest official conversion rate published by a government agency, or
{b) the highest interbank conversion rate identified by us from
customary banking sources, on the conversion date oF the prior business
day, in each instance increased by 2%. This conversion rale may differ
from rates in effect on the date of your Charge. Charges converted by
establishments (such as airlines) will be billed at the rates such estab-
lishments use.
Benefits and Services
Subject to applicable law we have the right to add, modify or delete any
benefit, service, or Feature thal may accompany your Account at any
tirne and without notice to you. °
Arbitration
Purpose: This Arbitration Proviston sels forth the circurpstances and
procedures under which Claims (as defined below) may be arbitraled
instead of litigated in court.
Definitions: hs used in this Arbitration Provision, the term “Claim”
means any claim, dispute or conuoversy between you and us ansing
from or relating to your Account, this Agreement, the Electronic Funds
Transfer Services Agreement, and any other related or priot agreement
that you may hare had with us, or the relationships resulting from any
of the above agreements (“Agreements”), including the validity enforce-
ability or scope of this Arbilration Provision or the Agreements. For
purposes of this Arbitration Provision, “you” and “us” also includes any
corporalz parent, or wholly or m2jority owned subsidiaries, afiliates,
any licensees, predecessors, SUCCESSOTS, assigns, any purchaser of any
arepunts, al] agents, employees, directors and representatives of any of
the forepoing, and other persons referred to below in the definition of
“Claims.” “Claim” includes claims of every kind and namre, including
but not limited to, initial claims, counterclaims, eross-claims and third-
party claims and claims based upon contract, tort, fraud and other
intentional torts, stahutes, regulations, common Jay and equite, “Gaim”
also includes claims by or against any third party using or providing any
product, service or benefit in connection with any zecount (including,
but not lirmited to, credit bureaus, third parties who accept the Card,
third pasties who use, provide or participate in Fee-bzsed or free benefit
programs, enrollment services and rewards programs, credit insurance
companies, debt collectors and all of their agent. employes, directors
and representatives) if and only if, such third party is named 2s 2.c-
party with you or us (or files 2 Claim with or against you or us) if
connection with a Claim ssserted by you or us against the other The
term “Claim” is w be given the broadest possible mezning thar will be
enipreed and includes, by way of example and without Hmitation, any
claim, dispute or controversy thal arises from or relates to (a) any of ibe
accounts created under zny of the Agresfpent,, or any balances on any
such accounts, (b) advertisements, promotions or oral or writien stale-
ments related to any such accounts, goods or services financed upder
any of the accounts or the terms of financing, (c) the benelits and sexv-
ices related to Cardmembershi (including fee-based or free benefit
programs, enrolment services and rewaris programms), 2nd {d) your
__y—————
application for any account We shall not elect to use arbitration under
the Arbitration Provision for any Claim that you properly file and pursue
in asmnall claims court of yous stale or municipality so long a5 the
Claim is individual and pending only in thal court.
Initiation of Arbitration Procescimg/Selecion of Adrminisirulor: ANY
Claim shall be resolved, upon the election hy you or us. by arbitration
pursuant to this Arbitration Provision and the code of procedures of the
nagonal arbitration organization to which the Claim is referred in effect
atthe time the Claim is filed. Claims shail be referred to either the
National Arbitration Forum (“NAF”), JAMS. or the American Arbitration
Association (“LAK”), asselected by the party electing to use arbitration.
Ia selection by us of one of thes: organizations is unacceptable to you,
vou shall have the right within 30 days after you receive notice of our
tration administratoc For 2 copy of the procedures, {0 file a Claim or for
otlyer Information zbout these organizations, epptact them as follows:
» The NAF at P.O. Box 50191, Minneapolis, MN $5404;
website al wwwarbitralion-forum.com.
+ JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614;
website: wowjamsadrcom.,
© AWA at 335 Madison Avenue New York. NY 10017: website:
wwovadeors.
Significance of Arbilraton: IF ARBITRATION 1S CHOSEN BY ANY
PARTY WITH RESPECT T0 A CLAIM. NEITHER YOu! NOR WE WIL. HAYE
THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HVE A JURY
TRIAL ON THAT CLAIM, OR TO HAVE THEIR CLNMS RESOLYED EXCEPT
AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAE JAMS
OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU AND WE WILL
NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTANIVE
CAPACITY GR AS A MEMBER OF ANY CLASS OF CLAMUNTS PERTAINING
TO ANY CLAIM SUBJECT TO ARBITIHATION, EXCEPT AS SET FORTH
BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAE IF YOU
(WENT TC COURT ALSO MAY NOT BE {WAILABLE IN ARBITRATION.
Restrictions on Arbilration; lf either party elects to resolve a Claim by
arbitration, that Claim shall be arbitrated an an individual basis. 7bere
shall be no righ! or autbority for any Claims to be arbilraled an a
class action basis or om baser imokeing Claims broughl ma
purported representative capacity on bebalf of tbe genzral public,
olber Cardmembers or olber persons similarly situated. The atbi-
tratpr's authority to resolve Claims is limited to Claims between you and
us alone, and lie arbitrator's authority to make awards is limited to
awards to you end us alone. Furthermore, Claims brought by you
against us, or by us against you, maf nol be joined or consolidated in
arbitration with Claims brought by or against someone other than you,
unless agreed to in writing by all parties. .
Arbitration Procedures: This Arbitration Provision is made pursuant to
a transaction involving interstate commerce, and shaltbe governed by
the Federal Asbitralion Act, 9 U.S.C. Sections 1-16, as it may be amended
(the “EAA"). The arbitration shall be governed by the applicable Cotle,
except that (to the extent enforceable under the FAA) this Arbitration
Provision shall control If itis inconsistent with the applicable Code. The
arbitrator shall apply applicable substantive law consistent with Ure EAA
and applicable stahates of limitations and shall honor daims of privilege
recoynized al law and, at the timely request of either party, sball provide
w brief written explanation of the basis for the decision, The arbitration
proceeding shall not be governed by any Federal or stale rules of civil -
"procedure or rules of evidence Either party may subrait a request 10 the
arbitrator tw expand the scope of discovery under the applicable Code.
The party submitling such a request Must provide 2 copy to the other
party, who may submit objections to the ashitrator with a copy of the
objeculons provided to the reyuesting party, within fifteen (15) days of
receiving the requesting party’s notice. The granting or denial of such a
request Will he in the sole discretinn af the amhitrator, sho shall novify the
paruss of his/her decisiun wit pvety (2a) cays ed Cie ubjecing
party's submission. The arbitrator shall take masonable steps t0 preserve
” the privacy of individuais, and of business matiess. Judgment upon the
_* gyard rendered by the arbitrator may be entered in zny court having
jurisdiction. The arbilrator’s decision wil] be final and hinding, except
for any tight of appeal provided by the FA. However, any party can
. appeal that award to 2 three-arbiLrator panel sdministered by the same
arbitration organization, which shall consider anew any aspect of the
inal award objected wo by the appealing part. The appeaiing party
shall have thirty (30) days from the date of entry of the writlen arbitra-
tion award to notify the arbitration organization thal itis exercising the
tight of appeal. The appeal shall be filed with the arbitration organiza~
tion in the form of a dated writing. The eybitralion organization will
then notify the other party that the award has been appezied. The arbi-
tration organization will appoint a three-asbitretor pans! thas will
conduct an arbitration pucuent to its Code and issue iis decision within
ans hundred and twenty (120) days of the az of the appzDant’s written
—p—
_ notice, The derision of the panel shall be by majority vote and shall be
final and binding.
Location of Arbilration/Paymen! of Fees: Any aubitration hearing that
you altend shall izke place in the federal judicial district of your resi-
dence. You Will be responsible for paying your share, if any, of the
arbitration fees (including filing, administrative. heating and/or other
fees) provided by the Cade, to the extent thatsuch fees do not exceed the
amount of the filing fezs you would have incurred if the Claim had been
brought in the state or federal court closest to your billing address that
gould have jucisdiction over the Claim. We will be responsible for paying
the remainder of any arbitration fees. At your wrilten request, we will
consider in pood falth making a temporary advance of all or part of your
share of the azbitration fees for any Claim you initiate as to which you or
wwe seek arbitration. You will not be assessed any asbitration fees In excess
of your share if you do not prevail in any arbitration with us.
Confination: This Acbitralion Provision shall survive temination of
your accounts as well as voluntary payment of the Account balance in full
by you, any legal proceeding by you of Us (0 collect 2 debt owed by the
other, any bankrupicy by you or us, and any sale byus of your Account
(and in the case of sale. its terms shall apply lo the buyer of.any of your
Account), ff any portion af this Arbitration Provision is deemed invalid or
unenforceable under any principle or provision of law or equity, it shall
nol iillidate the remaining portions of this Arbitration Provision or the
Agreement each of which shall be enforceable regardless of such invalidity.
Waiver
Our failure to exercise any of our rights under this Agre=ment, our delay .
in enforcing any of our tights, or our waiver of our rights on any ocra-
sion, shall not constitute a waiver of such rights on ay other occasion.
Consumer Reports
You authorize us lo reauest consumer reports sbout you, to make whatever
credit investigations we deem appropriate, lo obtain and exchange any
information we may receive from consumer reports and other sources,
and to use such information for any purposes, subject to applicable law
You authorize us to hamnish information concerning your Account to
consuiner reporting agencies, or others, subject to applicable law. IF you
believe information we have furni hed sbout your Acccunt to a consumer -
reporting agency is inaccurale, you should write to us al: American
Express Credit Burezu Unit, PO. Box 7871, FL Lauderdale, FL 33329-7871
and identify the specific information you believe is inaccurale.
You are hereby notified that information about your Account that may
have a negative impact on your credit record may be submitted lo acreiit
reporting agency if you fait to fulfil) the tecms of your credit obligations.
Telephone Monitoring/Recorging
You agree that from thne to Ge we may monitor and/or record tele-
phone calls bebveen you oF Additional Cardmembers and us to assure
the quality of our customer service or as required by applicable tax
Use of Card at Federal Government Agencies
American Express has entered into contracts that enable the Card to be
. accepted al certain federal government agencies and departments
(“Agencies”). AS with Card transactions at commercial establishments,
when you choose to use yOUr Curd at an Agency, certain Charge informa-
tion is necessnrily collected by us. Charge information from Card
transactions al Agencies may be used for processing Charges ‘and
payments, billing and collections activities and may be aggregated for
reporting, analysis and markeling activilies. Additional “routine uses”
of Charge information by Agencies are published periodically in the
Federal Register.
Notices
Any notice given by ts shall be deemed gieen when deposited in the US.
mail, postage prepaid. addressed wo you ait the latest Billing Address
shew on our recnras
Changing this Agreement/Assignment of this Agreement
We may change the terns of or add new terms to this Agreement al any
time, in aerordance with applicable law We may apply any changed or
neny lerros to any then-existing balances on your Account as well as to
future balances. We may also sell, transfer or assign this Agreement and
dhe Account at any time without notice to you. You mzy not sell, assign
of transfer your Account of any of your obligations under this Agreement.
Assignment of Claims
In the event you dispute a Charge and we credit your Account for all or
part of such disputed Charge, We automatically succeed to, and you are
gutomaleally deemed to 2ssign ond transfer to us, any righ's and claims
(excluding tort cteims} thar you have, had or may bave against any
third pargyfor en amount equal ip the amount we credited to your
Account After we make such credit, you apres thal without our consent
you will pot pursue =r cjairs against or reimbursement from such third
party for the ammount ts We credited wo your Account, and that you will
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cpoperale with us if we decide wo pursue the third party for the amount
cefijited ~
Applicable Law
This Agreement and your Account, und all questions aboul their legality,
enforceability and interpretation, are eovernsa by the laws of the Stale of
Utah (without regard to internal principles of conflicts of law), and by
applicable federal law: We are focaled in Utah, hold your Account in
Utah, and entered into this Agreement with you in Utah,
AMERICAN EXPRESS CENTURION BANB
Gidlbiln
David F. Poulsen, President/CEO
TO AMERICAN EXPRESS CARDBIEMBERS IN THE UNITED
STATES AND ITS TERRITORIES.
YOUR BILLING RIGHIS—KEEP THIS NOTICE FOR FOIURE USE.
This notice contains important information about your rishts and our
responsibilities under the “Fair Credit Billing AcL”
Notify Us In Case Of Errors Or Questions About Your
Account Statement
If you think your statement is wrong of if you need more information
about a transaction on your statement, write us on a separale sheet of
paper at the address for billing inquiries listed on your statement Writ
to us as soon as possible. We must hear from you no later than 60 days
‘after we sent you the first statement on which the error or problem
appeared. You can also telephone us, bul doing so will not preserve your
rights. .
In your letter, give us the following information:
» Your name and Account nuotber
» The dollar amount of the suspected error
« Describe the error and explain, if you can, why you believe there is an
erroc Ifyou need more information, describe the item you are ot
sure about.
If you bave authorized us to pay your Account staternent automatically
from your savings, checking or other account, you can stop the payment
on any amount you think is wrong. To stop the payment, your letter
must reach ws three business days before the automatic payment is
scheduled to occur.
Your Rights and Our Responsibilities After We Receive
_ Your Written Notice
We rust acknowledge your letter within thirty (30) days, unless we bave
corrected the error by then. Within ninety (90) days, we must either
correct the error or explain why we beljeve the stalernent was correcl
Afier we receive your letter, we cannot try to collect any amount you-
question, or report you as delinquent We can continue to bill you for the
amount you question, including Finance Charges, and we can apply any
unp2id amount against your credit line. You do not have to pay any
questioned amount while we are investigating, but you are stil] obligated
tb pay the parts of your statement thal are notin question.
If we find that we made a mistake on your statement, you will not have
to pay any Finaivce Charges related to any questioned amount Ifwe did
not make a mistake, you may have to pay Finance Charges, and you will
have to make up any rmissed payments on the questioned amounts. Ia
either case, we will send you astatement of the amount you owe and the
dale that it is due.
If you fail to pay the amount that we think you owe, we may reporl you
as delinquent However, if our expianation does not satisfy you and you
write tp us within ten (10) days telling us that you stil] refuse to pay, we
must tell anyone we report you to thal you have a question about your
statement, and ve must lell you the name of anyone we reported you 1.
We must tell anyone we report you to thal the matter has been settled
benveen us when it finally is.
f-we do not fallow these rules, we cannot collect the first $50 of the
questioned amount, even if your siztament was correct
Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services thet you
purchased with the Card, and you have tried in good faith to correct the
problem with the merchant, you may have the tignt not to pay the
remaining ammount due‘on the property of services. There are twvo limila-
tions to this right
(2) You must have made tbe purchase ip your bore state or, if not
wilbin your home stat, within 100 miles of your current mailing
address; and
(b) ‘The purchase price must have been more than $50.
These limitations do not apply if we own or opsrel= the marchant. ori!
we mailed you the advertisement for the property or services.
rNNote for Ohio Residents: The Ohio laws against discrimination
require that all creditors make credit equally available to all credit-
worthy customers, and that credit reporting agencies mcunizin separate
credit histeries en each individual upon request. The Ohio Civil Rights
Commission administers compliance with this lave
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AND AMERI EXPRESS
TRAVEL RELATED SERVICES COMPANY, Inc.
CONCERNING ELECTRONIC
FUND TRANSFER SERVICES
ONCE YOU ENROLL IN PAY BY COMPUTER, PAY BY PHONE
OR ANY OTHER ASIERICAN EXPRESS ELECTRONIC FUNDS
TRANSFER SERVICE (HEREAFTER THE “PROGRAM”), YOU
‘ WILL BE SUBJECT TO THIS ELECTRONIC FUNDS TRANSFER
AGREEMENT (THE “EFT AGREEMENT).
Scope of Agreement
This EFT Agreement covers your participation in the Program. In this
EFT Agreement, the words “you and “your” refer to the Basic
Cardmember 2nd also include all Additional Cardmembers who have
enrolled in the Program. The words “we,” “our” and “us” refer to
American Express Travel Related Services Company, Inc. The words
"your American Express Accounts” refer to your card secount governed
by your Cartmember Agreement (“Card Account”) or any other
American Express Accounts thal we permit you to enroll in the Program.
The words “your Bank Account” refer to the secount held by 2 bank,
securities firm or other financial institution from which payment will be
made when you make transactions under the Program. The words “your
bank” mean the bank, securilies firm or other financial institution that
nolds your Bank Account. The words “other ipstions” refer to electranic
payment tansier options and/or other cash access that Amezicen Express
may make available from time to time, including the option to pay your
Account bill electronically using a computes, phone or other device.
Your Account is governed by the Cardmember Agreement that is attached
to this EFT Agreement. That agreement and the capitalized terms in it
also apply here.
Payment for Cash Transactions
Each lime you initiate a transaction under the Program, you insinuct
and authorize us of our agent w draw a check pr initiate an automated
clearing house (“ACH™) debit in your name an your Bank Account
payable us us of to our agent sn the amouni of the inussaction. The
amount of the transaction is the amount of the Account bill you paid ar
other funds transfer you authorized, plus any applicable fees or charges.
We may charge a fee af S29 for each check + \CH dich: dct by is oF
our agent in connection with the Program that is nul honored upon first
presentment, subject to applicable lave Your bank may sso assess its
customary charge for such items, if any.
Dishonored Requests for Payments
If any check or ACH debit drawn by us or our agent in connection with
the Program is not honored by your bank, we have the right to chauge
the amount of any such transaction, and the dishonored payment ive
referred to above, to the Card Account or to enliect the anount from you.
if this happens, we may cancel your right to participate in the Program.
For certain Bank Accounts, you mzy have a separale agreement with US
or with a participaling bank, securities firm. or other financial iastitu-
fon that allows 2 line of crettil to be accessed in the event that yout Bank
Account contains insufficient funds to make payment to us. You should
refer to the approptiale agreement relating to that line of credit for the
terms and conditions that gover ils use.
Liability for Unauthorized Transactions and Advisability
of Prompt Reporting
You must tell us AT ONCE if you believe a transaction under the Program
thas been made without jour suiborizauion. Telephoning is the best way
of minimizing possible losses. Hf transaction was unauthorized, and
within two days aiter you leam about it you notify us that the wansaction
was unauthorized, ve will not hold you liable for thal transaction, in
any event, even if you fail to nolify us, your iiability for any unavtho-
rized uansacion or series of related unauthorized transactions shall rot
sored $50, tf you believe that someone has transferred or may transfer
money from your Bank Account! without pernissian, eall:1-800-525-
4800 (within U.S.) or 1-236-353-3521) (ou tside US.) anytime, or write:
American Express Credit Department, 2.0. Bax 53550, Phoenix, Anzonz
85072-3830.
—P—-
Our Liahility for improper Transactions or Payments
[fa transaction is not completed as you have directed or ifwedo not” _
complete 2. transfer to or from your Bank Account on time in the correct
arnount, we will research and correct tas necessazy, once you advise us.
We will also reimburse you for your acta) Josses o7 damages, if any,
caused by our exrox However, there are some exceptions. We will not be
able to you in the following instances:
= if through no faut of ours, your Bank Account does not or did not
enntain enough mone’ to cnmplete the irunsaction or the transfer
would exceed an tablished credit limit
«ifthe hinds in sour Bank Acomunt are or were al the ume of the
anempted transactert subject tts teal prices cr other encumbrance
rouncung ine Inu,
© ifcircunnstances hevend our control (such as fire or flood) prevent or
prevented the transsiction, despite reasonable precautions that we
have taken;
« ifa technical malfunction known to you prevented the transaction;
» or any other exceptions stated in this EFT Agreement
Business Day
For purposes of this EFT Agreement, our business days are Monday
through Friday. Holidays are not included.
Arbitration
The Card Account is goremed by the Cardmember Agreement contained
herein. The Arbitration provision contained within that agreement:
applies to this EFT Agreement. Please refer to that provision as you read
this EFT Agreement
Privacy
Electronic funds transfers you initiate pursuant to this EFT Agreement
are covered by the American Express Privacy Policy, a copy of which was °
given to you together with your American Express Card. To view our
Privacy Policy online, please visit arericanexpress.com.
How to Contact Us
Iffor any reason you wish to contact us about the Program, about your
participation in tbe Programm, or about transactions relaling to the
Program, write or call us as follows:
Address: American Express Travel Related Services Company, ine.
Express Cash Operations, P.0. Box 27084, Greensboro, NC 27425 -
Telephone: 1-ROO-CASII-NOW, 24 hours a day, seven days a week
In Case of Errors or Questions About Your Transactions
Write er call us al the munber or address given above as soon 3s you can
if you think your statenent or receipt is wrong or if you need more inlor-
matiun about 2 transaction listed on your statement or receipt. Ve must
hear from you no later than 60 days alter we sent you the FIRST state-
ment on which the prdken or ermar appeared.
). Tell us your name and Account mumnber
2. Describe the error or the transaction you are unsure about, and
explain as clearly ax you can why you believe it is an error or why you
need more information.
3, Tell us the dollar anount of the suspected error
if you tell us orally, we may require that you send us your complaint or
question in wriling within 10 business days* from the dale jou noUfed us.
We will tell you the results of our investigation within 10 business days*
after we bear from you and we will correct any error prompuy. If we need
more tine, however, we may take up to 45 calendar days to investigate
your corpplaint or question. If we decide to do this we wil assure thal
your bank recedits your Bank Account within 10 business days“ for the
amount you think is in error, so that you will have the use of the money
during the time jt takes us to complete our investigation. If we ask you to
pul your complaint or question in writing and we do not receive it within
10 business days* following your oral notification, we may not recredit
your Bank Account
Ef notification of an error is received within 50 calendar days after your
Bank Account fs opencd, we will have 20 business days to provide you
with the results of our investigation and correct any error, and 90 days to
complete the investigation.
Twe determine that there vas no error, we will send you a written expla-
nation within three business days after we Linish our investigation. Upon
your request we will provide you with copies of the documents that we
ised in our investigation. IF we have provisionally recredited your Bank
Account during the investigation and determine that there vs NO error,
we will notify you of the daze on which we will redebit your Bank
Account, and the amuunt to be debited. You should mzke certain that
your Bank Account coniains sufficient funds lo cover this debit. IF it does
not, we hare the right to charge such amount to the Account or to collect
the amountfrom you. Jf this happens, we may cancel your tight to
participaie in the Program.
Termination
We, or any bank or financial institution participating in the Program,
may add to or remove from the Program any of all ATMs or extend or
linpil the services provided at any Jocation without nolifying you before-
hand. In addition, we may discontinue the Program at any time.
Your tight to participate in the Program will be werainzled or suspended
if the Card Account is cancelled or suspended, if you cancel the author-
zation you have given your bank to directly charge checks to your Bank
Account, if the Bank Accountirom which payment will be made when
you make transactions under the Program fs closed to withdrawal trans-
actions by us or our agents, if your participation in the Program is
inactive inr 18 consecutive months or more. or if the Card Account is no
longer in puud standing.
In addition to the foregoing, we may revoke your right lo participate in
the Program, at any time, af our sole discretion, with or without cause,
subject to applicable Jaw If we do so, we will send you wrillen notice, but
we may not send you the notice until after the revocation. We also have
the dight to deny authorization for any requested transaction, al any
time, at our sole discretion, with or without cause, and without giving
you police, subject to applicable tax. You may terminate your participa-
ion in the Program but you moust do so by wriling to us af the address
disclosed in the Section of this EFT Agreement entitled “HOW TO
CONTACT US."
Prior Agreements and Assignments
This EFT Agreement supercedes all prior agreements you may have with
_ us relating to the Program. We have the right to assign this EFT -
Agreement to a subsidiary or affiliate company at any time.
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC
e-
L . 2 ii
— Spha A ae
re
Gordon A Smith, President, Consumer Cardmember Since 1984
Note for Massachusetts Residents
General Disclosure Statement. Any documentation provided to
you which indicates that an electronic funds transfer was made shall be
admissible as evidence of such transfer and shall constitute prima facie
proof that such transfer was made.
The initiation by you of certain electronic funds transfers from your
Bank Account will, except 2s othervise provided in this EFT Acreerment,
effectively eliminate your ability to stop payment of the transier.
UNLESS OTHERWISE PROVIDED IN THIS EFT AGREEMENT, YOU MAY’
NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSEERS; THERE-
FORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR
PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU
WILL NOT NEED TO STOP PAYMENT.
Disclosure of Account Information to Third Parlies. If you
ajve us your writlen authorization to disclose information about you,
your Account or the transactions thal you make to any person, that
authorization shall swtomalicaliy expire 45 days after we receive it
Optional Limit on Obtaining Cash. You have the option lo request.
shat we limit the total amount of cash that you may obtain irom AIMS in
asinele day to $50. If you elect this option we will take al reasonable
steps to comply with your request
“For Massachusetts residents: 1D calendar days instead of business days.
Description of Coverage
How the Purchase Protection Plan Works. When an American
Express® Cardmember charges 2 covered purchase with his or her Card
Account, the Purchase Protection Plan protects thatiter for 90 cays
from the date of purchase if it is stolen or accidentally damaged,
incloding vandalism. The cover2ge is limited lo $1,000 per Occurrence,
up to $50,000 per Cardmember Account per policy year, 2nd is in
EXCESS of other sources of indemnity.
_How You Benefit
© Items of personal propesty purchased worldwide with the Card are
covered, including gifts purchased for others.
* Asa Cardmember, your purchase is covered for 90 days from the dats
of purchase when you charge any portion of the price of the
purchzsed jtemn with your Card Accounl2 You will only be reimbursed
for the ammount charged to your Card.
« The Purchase Protection Plan provides coverage for up to $1,000 per
Occurrence of theft or accidental damage, including vandalism,
("Occurrence"), not to exceed $50,000 per Cardmember Account per
policy year.. —
= The program sdministrator will decide whether to have the itern
repaired or replaced, or to reimburse you (cash or credit) up to the
amount charged to the Card, and not w exceed the original purchase
price? The Purchase Protection Plan does riot reimburse for shipping
and handling expenses or installation, assembly of other service
charges.
Who its Covered
You are covered under this Plan and coverage remiins effective as long
as you are a US. resident Cardmember, that is, the Armerican Express
Card has been issued in your name, and you maintain your Permanent
Residence in the 50 United States of America. the District of Columbia,
Puerto Rica, or the U.S. Virgin Islands.’
Your Permanent Residence is considered your primary divelling,
Key Terms to Know
Benefits will not be paid if, on the date of Occurrence. on the date of
daim Gling, or on the dave of would-be claimn payinent any amount
due on your Card Account is tinpaid for one or more billing cycle(s)
or your Card Account is canceled.” -
You must provide proof of purchase and satisfactory proof of the theft,
accidental damage, including vandalism. while enverage is in effect
to qualify for payment under the Purchase Protection Pian.
Rernember to keep all your American Express charge receipts, orig-
inal store receipts, and damaged items.
Coverane under the Purchase Protection Plan is EXCESS; this means
+ “shat if at the Gime of Occurrence, you have other valid and collectible
“insurance or indemnity —uch as but not limited 1 homeowner’ oF
yenter's insurance the Purchase Protection Plan will cover that
ammount not covered by such other insurance or indemnity, up to the
lirnils of the Purchase Protection Plan.
Product rebates, discounts or money received from iuwest price
comparison programs will be deducted from the original cost of the
item.
Purchases Not Covered
*
s
*
*
travelers checks, lickets of any kind, negotiable instruments (such as
pift certificates, pift cards and vift checks), cash or ils equivalent,
animals or living plants,
consumable or perishable ftems with limited Jife spans (such as, but,
not limniled to, perfume, lightbulbs, batteries);
at the time of purchase, used, rebuilt, refurbished, or remanufacmured
items; ,
if the damaged or stwlen item consists of articles in apairorsel,
coverage will be limited to no more than the value of any particular
part or paris, unless the articles are unusable individually and canoot
be replaced individually, regardless of any speci: value the article(s)
may have had as part of a set or collection:
permanent household and/or business fixnures. including, but not
limited to, carpeting, flooring and/or tile
husiness fixtures. including, but not limite! to, air conditioners.
refrigerators, healers; .
custom hospital, medical and dental equipment and devices,
rare stamps or coins;
antique, previously owned items;
items purchased for resale, professional, or comercial use;
items still under installment billing (excerpt those purchased frum
American Express Merchandise Services); ”
motorized vehicles and watercraft, aircraft, and motorcycles or their
motors, equipment, parts ur accessories, ,
items rented, leased or borrowed for which you will be held responsible.
Occurrences Not Covered
items Jost or misplaced,
items stolen frome motor vehicles,
items riot reasonably safeguarded by you (for example, unlocked or
unattended items stolen from public facilities will not be covered);
items stolen from baggage not carried by hand under your personal
supervision or under the supervision of a uaveling companion known
by you;
items that you damage through alteration (including cutting,
sawing, and shaping);
jterns damaped due to normal wear and teat, inherent product defect
or normal course of play (such as, but nol limited to, golf and tennis
balls);
Occurrences caused by any of the folloving: fraud; abuse; natural
disaster including, but not limited to, flood. earthquake, tornado or
hurricane: war or hostilities of any kind (2g, invasion, rebellion.
insurrection}; coniiscation by order of any government, public
authnoritt of customs cific: risks of contmiband: iiegal activity nr
acts: redioactive contamination:
ieee jos, Camnaned orswien under the care and omtuol of a drird
party er common carer,
4
¢ manufacurers defects;
~ jtenss alan unoccupied construction site.
How to File a Claim
Remember, to insure prompt processing of your claim, you need to
report any theft or damage immediately following the date of the
Occurrence. including for gifts purchased with the Card. Remember
isn, vou need to retctin woUr receipe und your damaged Hern (if
required) until the clan process is complete.
1. Call tollfree 1-SC0-322-1277 to report your claim (oversezs, call
collect at 1-303-273-6498).
Note: You must report your claim usithin 30 days from the dale
of Occurrence.
2. You may be sent a Purchase Protection Clairn Form which you must
complete, front and back, sign, and renurn to the claims office with
the following required documents’ (keep copies for your own records):
- © the American Express charge receipt,
« the original itemized store receipt
+ the insurance dedaration forms for your other sources of insur-
ance or indemnity (e.g., homeowner's of renter’s insurance);
+ apholograph of and/or repair estimate for the damaged item
(damave clainss unlyy; and
» for theft and vandalism claims, a report regarding lhestolen or
vandalized ilenas must be filed with the appropriate authority
before you call to file 2 claim with the Purchase Protection Plan.
Note: You must relurzs your compleled claim form and required
documents within 60 day's from tbe dale of Ocourrence lo remain
elicible for coverage.
3, The program administrator will decide whether to bave the item
repaired or replaced, or to reimburse you (cash or credit?) up to the
amount charged to the Card, and aot to exceed the original purchase
price. The Purchase Protection Plan does not reimburse for shipping
and handling expenses, or installation, assembly, or other service
charges.*
Note: Ao payment will be made for inakd claims or on any
claims nol substantiated in he manner required by ibe Insurer.
& For damage claims, you may be required to send in the damaged
item(s), at your expense, for further evaluation of your claim.
Note: ff requested, you must sendin Ibe damaged item unlbin 30
darys from tbe date of request lo remaar eligible for coverage.
Important Additional Information for You
The henefits provided tnder the Purchase Protection Plan apply only to
you. Only you have any legal or equitable right, reredy, or claim to
insurance proceeds and/or damages under of arising from the Purchase
Protection Plan.
All reasonable and practical steps must be taken to avoid or lessen any
chance of property awered by the Purchase Protection Plan being stolen
or damazed.
When a benefit has heen paid undes the Purchase Protection Plan, the
jusurer becomes Submgated, to the extent of such payment, tw all your
rights and remedies against any responsible party. Upon our request, you
must provide us reasunable assistance, including signing documents if
necessary, to bring suil in yourname
The Purchase Protectiun Plan is underwritten by AMEX Assurance
Company (“Insurer”), Administrative Diiice, Green Bay, Wisconsin. This
document serves only 3s 1 description of coverage and is not a policy or
contract of insurance; the acbsal tesros, conditions and exclusions of
Policy AXO951 (“Policy”) govern the Purchuse Protection Plan. The
Policy bas been issued to American Express Travel Related Services
Company, Inc. (“American Express”), the Policyholder, This document
replaces all existing prior Descriptions of Coverage for the Purchase
Protection Plan.
# a 2 A
ath Chak feat £
; Peete i oe s ex tes
Kenneth J. Giak, President Timothy Mezhan, Secretary
AMES Assurance Company AMEX Assurance Company
6726-11-01
1. For those eligible and enrolled in tbe Membership Rewards
prozrazm, tbe cost of @ covered product may also be purchased
lbrough reciemplion of a Membership Reswards program redemp-
lion certificale, .
2. For ibose efigible and enrolled in tbe Membership Rewards
program, bengjils are also paid wben ibe purchased item +s
received Usrough (hr reclemplion of a Memberspip Reuxrets
prosram recempheat certificate.
3. Crevill reimbursement does 710! anply ln New York Stale residents.
4, For thuse eligible wid enrolled in the Membership Rewarcls
program. peymnent or credit witl nol exceed Ibe orivirual assigned
catue of tbe persnzel property receined! tbrowyb reciemplion of a
3
Membership Rewards program redemption certificate up to lhe
slaled limils, excluding shipping and banding exbenses.
5. Important note for lbese enrolled in the Membersbip Rewarcis
program: A Membersbip Reuscerels program redemption certificate
can only be redeemed by eligiole Carcimembers. Benefits will nol
be paid uben a Meimbersbip Reuarels program redemption cerlifi-
cale bas been transferred io non-eiigible Cardmembers and/or
non-Carcimembers.
&. Does nol apply to New York Slate residents.
7. When eligible and enrolled in ibe Membersbip Rewards program,
proof of assigned value placed on such properly when using 4
Membersbip Rewards program redemption certificate, must be
smilled in addilion to olber requtired documents, if requested.
a Gee
seaearenaedae Salat 2 igaaalemmmaeetpaeasabl asta
Description of Coverage
How the Buyer's Assurance Plan Works. When a Cardmember
charges the entire cost of 2 covered product with his or her Card
Account’, the Buyer's Assurance Plan will extend the terms of the orig-
‘oval manufacturer's warranty for a period of time equal to the duration
of the original manufacturer's warranty, up tb one additional year, on
warranties of ive years or less that are eligible in the U.S.
How You Benefit
© The Buyer's Assurance Plan mistors ranufaenress’ warranties for
covered products purchased entirely with your Card Account, pp to
one additional year.
When your covered products manufacturer's warranty expires, the
Buyer's Assurance P)an takes effect The Buyer’s Assurance Plan
cannot pay more than the actual amount charged lo your Card for
the item or $10,000, whicberer is less (not to exceed $50,000 per
Cardmember Account per policy year for al] Occurrences combined).
Coverage is provided for any produ ct malfunction, defect or damage
covered by the terms of the product's original warranty
. (“Occurrence”) — al no extra cost
For items charged entirely with the Card, the program administrator
will decide whether to have the item repaired or replaced, or to reim-
burse you (cash or credit’), not to exceed the original purchase price.
The Buyer's Assurance Plan does not reimburse for shipping and
handling expenses or installation, assembly, professional advice,
roaintenance or otber service charges.’
Where the personal property consists of articies in a palr or set, this
Policy shall be liable for one item in the pair or sel which form the
basis of claim hereunder
+ No product registration or enrollment is required for any covered
products, including gifts purchased for others.
Who ts Covered
You are covered under this Plan and coverage remains effective a5 long
as you are @ U.S, Resident Cardmernber, that is, the American Express
Card has been issued to you in your name, and you maintain your
Permanent Residence within the 50 United States of America, the District
of Columbia, Puesto Rico or the U.S. Virgin Islands.
Your Permanent Residence is considered your primary dwelling place.
Key Terms to Know
Preview
&,; IN THE COUNTY COURT, IN AND FOR SARASOTA COUNTY, FLORIDA CASE NO: 2067 CC FVAIL AMERICAN EXPRESS CENTURION BANK | Plaintiff, VS. MICHAEL CABANA o Or = am PT} <3 Defendant. SIRI o> Om ND (om: Ca Plaintiff, by and through its undersigned counsel, sues Defendant and states the following=: =‘? = rt the current billed Finance Charges, or » $15 (or the New Balance if il 5s less than $25); and (3) any over-limil fee added to your Account during the billing period. (4) At our option, we may also include in the Minimum Amount Due ail or part of other fees incurred during the bifling period and any parlof the New Balance in excess of your credit fine. naraeedS ese eteneest : ies r : Bor Syer Pes tA SINT Ges es eae aires pire senses. aa , rhs eS — Late Fees We may assess a Law fue if a payment of ut izast the Minin Amount Due is not credited to your Account by the Payment Due Date. The amount of the Late Fee depends on the amount of the Previous Balance on the statement on which the Late Fee appears, 2 icllows: Previous Balance Lale Fee Less than $100 $15 $100 to $1000 $29 Greater than $1000 $35 Other Fees We may charge the following fees to your Account, subject to applicable lav. Except as otherwise noted, these fees will be added tp the Purchase Balance. |. Disbonored Payments —We may charge 2 fee of $29 whenever any check, similar instrument, or electronic payment order that we receive as payment on your Account is not honored upon Hirst presentpent If a Card is presented in connection with cashing a check at an American Express Travel Service Office or other authorized location and the check is not honored, we may charge 2 fee of $29. (We will also add a Charge to the Cash Advance balance of your Account in the amount of the check thatwas not honored.) . Copies of Statements and Comenience Checks—We may charge a fee of $3 for each billing period for which a copy of a billing state- mentis requested, and foreach request for a copy of a convenience check drawn on your Account We will not charge this fee for any reqquest for a copy af any of the billing statements for the three billing periods immediately prior to the request. _ devpunl Re-opening Fee-We may charge a re-opening fee of $25 if ynur Account is canceled for ny reson and you request reinstale- mentand such request is honored. 4. Wire Transfers—We may charge a ize of $15 each time a wire transfer from your Account is initialed and authorized. 5, Stop Payment Orders—We may charge a fee of $29 each lime we receive a request lo stop payrnent on a convenience check drawn o9 your Account. Over-limé! Fee—We may charge a fee of $29 in each billing period the New Balance on your statement exceeds your credit line. 7. Convessience Check Usoge/Balance Transfer Transaction Fee—We may charge 2 transaction fee for each Balance Transfer and each convenience check drawn on your Account. This fee, 2 FINANCE CHARGE, will be 3% of the amount transferred, with a minimum of $5 and a maximum of $50. This fee will he added to thesame Purchase or Cash Advance balance as the convenience check transac- tion of Balance Transfer. _ ATM Fee—We will impose a fee each time a Card is used to obtain cash or any other services from an ATM. This fee wil] be 3% of the amount of the cash withdrauwn or other services obtained (including suny aulditional fee impased for use of the ATM by its operator), with a minimum of $5. This fee will be added to the Cash Advance balance. Suspension/Cancellation Ip addilion to any other actions we may take under this Agreement, we may suspend or cancel your Account pr any feature offered in connec- Hon with your Account, we may reduce your credit line or cash advance lirnit (including to a level below your outstanding balance), and/or we may suspend or cancel Ure authorization of any Additional Cardmember to make Charges to your Account, af our sole discretion af any lime, with or without cause, whether or nut your Account is in default, and without viving you notice, subject to applicable lave Any such action on our part wil] not cancel your ubtipation lo pay all Charges due on your Accbunl under the terms of this Agreement in effect at the time of such action of as subsequently amended, and you agre= to pay Us all such Charges despite any such acliun. We may gdvise third parties who accept the Card that the Card(s) issued to you and/or Additional Cardmembers have been canceled. If we cancel the Card or it expires, you may no Jonger use it and you must desuay il or reaarn iL to us oF, if we request, to 2 third party. If you want to cancel the Account or any Ailditional Cards, you must notify us and destroy the Card(s). f-we aures to reinstzie your Account aher a cancellation, the new Agreementwe send yuu (or, if we do not send you anew Agreement this Agreginent as it may be amended) will gorem) sour reinstated AccounL When we reinstate your AccoUNL Wwe mMav reinsule any Additional Cards issued in connec- Gon with your Account, and bili you the applicable znnual [ee(s). Default We may consider your Account 1 be in default at any time if you fail to pay us any amount when itds due, or if you breach any other promise or pbligation under this Agreement rw Ws ~ oo IW? Subject to upplicabie law, we may also consider your Account to be in default at any time if any staterpent made by you us in connection with this Accovot or any other credit program was false or misleading, if you breach any promise or obligation under any other agreement! that you may have with us orwith any of our aililiates if we receive inforna- tion indicating that you are bankrupt, intend to file bankruptry, or are unable to pay your debts as they become due; or we receive infomation leading us to conclude that you are otherwise not creditworthy. In evalv- aling your creditworthiness, you agree that we may rely on Information contained in consumer reports, and in our discrefion we may consider the amount of debt you are carrying compared [b your resources OF BLY other of our credit characteristics, regardless of your periprmance on this Account. We may also consider your Account in default in the event of your death. In the event of your default, and subject to any limitalions or require- meats of applicable law, we may require payment of a portion of your outstanding balance greater than the Minimum Amount Due, declare the entire arnount of your obligations to us immediately due ond payable, and/or suspend or cancel your Account and/or any feature that may be offered in connection with the Account You apree to pay all reasonable costs, including reesonable attorneys fees, incurred by us (1) ip connection with the collection of any amount due on your Account, whether or not any arbitration, litigation, or similar proceedings are iniiated: and (2) in reasonably protecting ourselves irom any ioss, harm, or risk relating to any defaull on your Account Transactions Made in Foreign Currencies . {f you incur a Charge in a foreign currency, it will be converted into U.S. ollars on the date itis processed by us or our agents. Unless a particular rate is required by applicable taw, you authorize us to choose a conver- sion rate that is acceptable to us for that date. Currently, the conversion rale we use for a Charge in a foreign currency is no grealer than (a) the highest official conversion rate published by a government agency, or {b) the highest interbank conversion rate identified by us from customary banking sources, on the conversion date oF the prior business day, in each instance increased by 2%. This conversion rale may differ from rates in effect on the date of your Charge. Charges converted by establishments (such as airlines) will be billed at the rates such estab- lishments use. Benefits and Services Subject to applicable law we have the right to add, modify or delete any benefit, service, or Feature thal may accompany your Account at any tirne and without notice to you. ° Arbitration Purpose: This Arbitration Proviston sels forth the circurpstances and procedures under which Claims (as defined below) may be arbitraled instead of litigated in court. Definitions: hs used in this Arbitration Provision, the term “Claim” means any claim, dispute or conuoversy between you and us ansing from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or priot agreement that you may hare had with us, or the relationships resulting from any of the above agreements (“Agreements”), including the validity enforce- ability or scope of this Arbilration Provision or the Agreements. For purposes of this Arbitration Provision, “you” and “us” also includes any corporalz parent, or wholly or m2jority owned subsidiaries, afiliates, any licensees, predecessors, SUCCESSOTS, assigns, any purchaser of any arepunts, al] agents, employees, directors and representatives of any of the forepoing, and other persons referred to below in the definition of “Claims.” “Claim” includes claims of every kind and namre, including but not limited to, initial claims, counterclaims, eross-claims and third- party claims and claims based upon contract, tort, fraud and other intentional torts, stahutes, regulations, common Jay and equite, “Gaim” also includes claims by or against any third party using or providing any product, service or benefit in connection with any zecount (including, but not lirmited to, credit bureaus, third parties who accept the Card, third pasties who use, provide or participate in Fee-bzsed or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agent. employes, directors and representatives) if and only if, such third party is named 2s 2.c- party with you or us (or files 2 Claim with or against you or us) if connection with a Claim ssserted by you or us against the other The term “Claim” is w be given the broadest possible mezning thar will be enipreed and includes, by way of example and without Hmitation, any claim, dispute or controversy thal arises from or relates to (a) any of ibe accounts created under zny of the Agresfpent,, or any balances on any such accounts, (b) advertisements, promotions or oral or writien stale- ments related to any such accounts, goods or services financed upder any of the accounts or the terms of financing, (c) the benelits and sexv- ices related to Cardmembershi (including fee-based or free benefit programs, enrolment services and rewaris programms), 2nd {d) your __y————— application for any account We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in asmnall claims court of yous stale or municipality so long a5 the Claim is individual and pending only in thal court. Initiation of Arbitration Procescimg/Selecion of Adrminisirulor: ANY Claim shall be resolved, upon the election hy you or us. by arbitration pursuant to this Arbitration Provision and the code of procedures of the nagonal arbitration organization to which the Claim is referred in effect atthe time the Claim is filed. Claims shail be referred to either the National Arbitration Forum (“NAF”), JAMS. or the American Arbitration Association (“LAK”), asselected by the party electing to use arbitration. Ia selection by us of one of thes: organizations is unacceptable to you, vou shall have the right within 30 days after you receive notice of our tration administratoc For 2 copy of the procedures, {0 file a Claim or for otlyer Information zbout these organizations, epptact them as follows: » The NAF at P.O. Box 50191, Minneapolis, MN $5404; website al wwwarbitralion-forum.com. + JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website: wowjamsadrcom., © AWA at 335 Madison Avenue New York. NY 10017: website: wwovadeors. Significance of Arbilraton: IF ARBITRATION 1S CHOSEN BY ANY PARTY WITH RESPECT T0 A CLAIM. NEITHER YOu! NOR WE WIL. HAYE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HVE A JURY TRIAL ON THAT CLAIM, OR TO HAVE THEIR CLNMS RESOLYED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAE JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTANIVE CAPACITY GR AS A MEMBER OF ANY CLASS OF CLAMUNTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITIHATION, EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAE IF YOU (WENT TC COURT ALSO MAY NOT BE {WAILABLE IN ARBITRATION. Restrictions on Arbilration; lf either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated an an individual basis. 7bere shall be no righ! or autbority for any Claims to be arbilraled an a class action basis or om baser imokeing Claims broughl ma purported representative capacity on bebalf of tbe genzral public, olber Cardmembers or olber persons similarly situated. The atbi- tratpr's authority to resolve Claims is limited to Claims between you and us alone, and lie arbitrator's authority to make awards is limited to awards to you end us alone. Furthermore, Claims brought by you against us, or by us against you, maf nol be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties. . Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shaltbe governed by the Federal Asbitralion Act, 9 U.S.C. Sections 1-16, as it may be amended (the “EAA"). The arbitration shall be governed by the applicable Cotle, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control If itis inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with Ure EAA and applicable stahates of limitations and shall honor daims of privilege recoynized al law and, at the timely request of either party, sball provide w brief written explanation of the basis for the decision, The arbitration proceeding shall not be governed by any Federal or stale rules of civil - "procedure or rules of evidence Either party may subrait a request 10 the arbitrator tw expand the scope of discovery under the applicable Code. The party submitling such a request Must provide 2 copy to the other party, who may submit objections to the ashitrator with a copy of the objeculons provided to the reyuesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such a request Will he in the sole discretinn af the amhitrator, sho shall novify the paruss of his/her decisiun wit pvety (2a) cays ed Cie ubjecing party's submission. The arbitrator shall take masonable steps t0 preserve ” the privacy of individuais, and of business matiess. Judgment upon the _* gyard rendered by the arbitrator may be entered in zny court having jurisdiction. The arbilrator’s decision wil] be final and hinding, except for any tight of appeal provided by the FA. However, any party can . appeal that award to 2 three-arbiLrator panel sdministered by the same arbitration organization, which shall consider anew any aspect of the inal award objected wo by the appealing part. The appeaiing party shall have thirty (30) days from the date of entry of the writlen arbitra- tion award to notify the arbitration organization thal itis exercising the tight of appeal. The appeal shall be filed with the arbitration organiza~ tion in the form of a dated writing. The eybitralion organization will then notify the other party that the award has been appezied. The arbi- tration organization will appoint a three-asbitretor pans! thas will conduct an arbitration pucuent to its Code and issue iis decision within ans hundred and twenty (120) days of the az of the appzDant’s written —p— _ notice, The derision of the panel shall be by majority vote and shall be final and binding. Location of Arbilration/Paymen! of Fees: Any aubitration hearing that you altend shall izke place in the federal judicial district of your resi- dence. You Will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative. heating and/or other fees) provided by the Cade, to the extent thatsuch fees do not exceed the amount of the filing fezs you would have incurred if the Claim had been brought in the state or federal court closest to your billing address that gould have jucisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your wrilten request, we will consider in pood falth making a temporary advance of all or part of your share of the azbitration fees for any Claim you initiate as to which you or wwe seek arbitration. You will not be assessed any asbitration fees In excess of your share if you do not prevail in any arbitration with us. Confination: This Acbitralion Provision shall survive temination of your accounts as well as voluntary payment of the Account balance in full by you, any legal proceeding by you of Us (0 collect 2 debt owed by the other, any bankrupicy by you or us, and any sale byus of your Account (and in the case of sale. its terms shall apply lo the buyer of.any of your Account), ff any portion af this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, it shall nol iillidate the remaining portions of this Arbitration Provision or the Agreement each of which shall be enforceable regardless of such invalidity. Waiver Our failure to exercise any of our rights under this Agre=ment, our delay . in enforcing any of our tights, or our waiver of our rights on any ocra- sion, shall not constitute a waiver of such rights on ay other occasion. Consumer Reports You authorize us lo reauest consumer reports sbout you, to make whatever credit investigations we deem appropriate, lo obtain and exchange any information we may receive from consumer reports and other sources, and to use such information for any purposes, subject to applicable law You authorize us to hamnish information concerning your Account to consuiner reporting agencies, or others, subject to applicable law. IF you believe information we have furni hed sbout your Acccunt to a consumer - reporting agency is inaccurale, you should write to us al: American Express Credit Burezu Unit, PO. Box 7871, FL Lauderdale, FL 33329-7871 and identify the specific information you believe is inaccurale. You are hereby notified that information about your Account that may have a negative impact on your credit record may be submitted lo acreiit reporting agency if you fait to fulfil) the tecms of your credit obligations. Telephone Monitoring/Recorging You agree that from thne to Ge we may monitor and/or record tele- phone calls bebveen you oF Additional Cardmembers and us to assure the quality of our customer service or as required by applicable tax Use of Card at Federal Government Agencies American Express has entered into contracts that enable the Card to be . accepted al certain federal government agencies and departments (“Agencies”). AS with Card transactions at commercial establishments, when you choose to use yOUr Curd at an Agency, certain Charge informa- tion is necessnrily collected by us. Charge information from Card transactions al Agencies may be used for processing Charges ‘and payments, billing and collections activities and may be aggregated for reporting, analysis and markeling activilies. Additional “routine uses” of Charge information by Agencies are published periodically in the Federal Register. Notices Any notice given by ts shall be deemed gieen when deposited in the US. mail, postage prepaid. addressed wo you ait the latest Billing Address shew on our recnras Changing this Agreement/Assignment of this Agreement We may change the terns of or add new terms to this Agreement al any time, in aerordance with applicable law We may apply any changed or neny lerros to any then-existing balances on your Account as well as to future balances. We may also sell, transfer or assign this Agreement and dhe Account at any time without notice to you. You mzy not sell, assign of transfer your Account of any of your obligations under this Agreement. Assignment of Claims In the event you dispute a Charge and we credit your Account for all or part of such disputed Charge, We automatically succeed to, and you are gutomaleally deemed to 2ssign ond transfer to us, any righ's and claims (excluding tort cteims} thar you have, had or may bave against any third pargyfor en amount equal ip the amount we credited to your Account After we make such credit, you apres thal without our consent you will pot pursue =r cjairs against or reimbursement from such third party for the ammount ts We credited wo your Account, and that you will a =. cpoperale with us if we decide wo pursue the third party for the amount cefijited ~ Applicable Law This Agreement and your Account, und all questions aboul their legality, enforceability and interpretation, are eovernsa by the laws of the Stale of Utah (without regard to internal principles of conflicts of law), and by applicable federal law: We are focaled in Utah, hold your Account in Utah, and entered into this Agreement with you in Utah, AMERICAN EXPRESS CENTURION BANB Gidlbiln David F. Poulsen, President/CEO TO AMERICAN EXPRESS CARDBIEMBERS IN THE UNITED STATES AND ITS TERRITORIES. YOUR BILLING RIGHIS—KEEP THIS NOTICE FOR FOIURE USE. This notice contains important information about your rishts and our responsibilities under the “Fair Credit Billing AcL” Notify Us In Case Of Errors Or Questions About Your Account Statement If you think your statement is wrong of if you need more information about a transaction on your statement, write us on a separale sheet of paper at the address for billing inquiries listed on your statement Writ to us as soon as possible. We must hear from you no later than 60 days ‘after we sent you the first statement on which the error or problem appeared. You can also telephone us, bul doing so will not preserve your rights. . In your letter, give us the following information: » Your name and Account nuotber » The dollar amount of the suspected error « Describe the error and explain, if you can, why you believe there is an erroc Ifyou need more information, describe the item you are ot sure about. If you bave authorized us to pay your Account staternent automatically from your savings, checking or other account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach ws three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive _ Your Written Notice We rust acknowledge your letter within thirty (30) days, unless we bave corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we beljeve the stalernent was correcl Afier we receive your letter, we cannot try to collect any amount you- question, or report you as delinquent We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unp2id amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are stil] obligated tb pay the parts of your statement thal are notin question. If we find that we made a mistake on your statement, you will not have to pay any Finaivce Charges related to any questioned amount Ifwe did not make a mistake, you may have to pay Finance Charges, and you will have to make up any rmissed payments on the questioned amounts. Ia either case, we will send you astatement of the amount you owe and the dale that it is due. If you fail to pay the amount that we think you owe, we may reporl you as delinquent However, if our expianation does not satisfy you and you write tp us within ten (10) days telling us that you stil] refuse to pay, we must tell anyone we report you to thal you have a question about your statement, and ve must lell you the name of anyone we reported you 1. We must tell anyone we report you to thal the matter has been settled benveen us when it finally is. f-we do not fallow these rules, we cannot collect the first $50 of the questioned amount, even if your siztament was correct Special Rule for Credit Card Purchases If you have a problem with the quality of property or services thet you purchased with the Card, and you have tried in good faith to correct the problem with the merchant, you may have the tignt not to pay the remaining ammount due‘on the property of services. There are twvo limila- tions to this right (2) You must have made tbe purchase ip your bore state or, if not wilbin your home stat, within 100 miles of your current mailing address; and (b) ‘The purchase price must have been more than $50. These limitations do not apply if we own or opsrel= the marchant. ori! we mailed you the advertisement for the property or services. rNNote for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit- worthy customers, and that credit reporting agencies mcunizin separate credit histeries en each individual upon request. The Ohio Civil Rights Commission administers compliance with this lave ape Se aOR, FART spesratna oe SNS Th ig eREE SEN CG Sek , Haaren” “Sais ‘Sepistee GA GREEMENE DET WEEN Soe ae , QPTIMA C&RDMEMBER -' , AND AMERI EXPRESS TRAVEL RELATED SERVICES COMPANY, Inc. CONCERNING ELECTRONIC FUND TRANSFER SERVICES ONCE YOU ENROLL IN PAY BY COMPUTER, PAY BY PHONE OR ANY OTHER ASIERICAN EXPRESS ELECTRONIC FUNDS TRANSFER SERVICE (HEREAFTER THE “PROGRAM”), YOU ‘ WILL BE SUBJECT TO THIS ELECTRONIC FUNDS TRANSFER AGREEMENT (THE “EFT AGREEMENT). Scope of Agreement This EFT Agreement covers your participation in the Program. In this EFT Agreement, the words “you and “your” refer to the Basic Cardmember 2nd also include all Additional Cardmembers who have enrolled in the Program. The words “we,” “our” and “us” refer to American Express Travel Related Services Company, Inc. The words "your American Express Accounts” refer to your card secount governed by your Cartmember Agreement (“Card Account”) or any other American Express Accounts thal we permit you to enroll in the Program. The words “your Bank Account” refer to the secount held by 2 bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words “your bank” mean the bank, securilies firm or other financial institution that nolds your Bank Account. The words “other ipstions” refer to electranic payment tansier options and/or other cash access that Amezicen Express may make available from time to time, including the option to pay your Account bill electronically using a computes, phone or other device. Your Account is governed by the Cardmember Agreement that is attached to this EFT Agreement. That agreement and the capitalized terms in it also apply here. Payment for Cash Transactions Each lime you initiate a transaction under the Program, you insinuct and authorize us of our agent w draw a check pr initiate an automated clearing house (“ACH™) debit in your name an your Bank Account payable us us of to our agent sn the amouni of the inussaction. The amount of the transaction is the amount of the Account bill you paid ar other funds transfer you authorized, plus any applicable fees or charges. We may charge a fee af S29 for each check + \CH dich: dct by is oF our agent in connection with the Program that is nul honored upon first presentment, subject to applicable lave Your bank may sso assess its customary charge for such items, if any. Dishonored Requests for Payments If any check or ACH debit drawn by us or our agent in connection with the Program is not honored by your bank, we have the right to chauge the amount of any such transaction, and the dishonored payment ive referred to above, to the Card Account or to enliect the anount from you. if this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you mzy have a separale agreement with US or with a participaling bank, securities firm. or other financial iastitu- fon that allows 2 line of crettil to be accessed in the event that yout Bank Account contains insufficient funds to make payment to us. You should refer to the approptiale agreement relating to that line of credit for the terms and conditions that gover ils use. Liability for Unauthorized Transactions and Advisability of Prompt Reporting You must tell us AT ONCE if you believe a transaction under the Program thas been made without jour suiborizauion. Telephoning is the best way of minimizing possible losses. Hf transaction was unauthorized, and within two days aiter you leam about it you notify us that the wansaction was unauthorized, ve will not hold you liable for thal transaction, in any event, even if you fail to nolify us, your iiability for any unavtho- rized uansacion or series of related unauthorized transactions shall rot sored $50, tf you believe that someone has transferred or may transfer money from your Bank Account! without pernissian, eall:1-800-525- 4800 (within U.S.) or 1-236-353-3521) (ou tside US.) anytime, or write: American Express Credit Department, 2.0. Bax 53550, Phoenix, Anzonz 85072-3830. —P—- Our Liahility for improper Transactions or Payments [fa transaction is not completed as you have directed or ifwedo not” _ complete 2. transfer to or from your Bank Account on time in the correct arnount, we will research and correct tas necessazy, once you advise us. We will also reimburse you for your acta) Josses o7 damages, if any, caused by our exrox However, there are some exceptions. We will not be able to you in the following instances: = if through no faut of ours, your Bank Account does not or did not enntain enough mone’ to cnmplete the irunsaction or the transfer would exceed an tablished credit limit «ifthe hinds in sour Bank Acomunt are or were al the ume of the anempted transactert subject tts teal prices cr other encumbrance rouncung ine Inu, © ifcircunnstances hevend our control (such as fire or flood) prevent or prevented the transsiction, despite reasonable precautions that we have taken; « ifa technical malfunction known to you prevented the transaction; » or any other exceptions stated in this EFT Agreement Business Day For purposes of this EFT Agreement, our business days are Monday through Friday. Holidays are not included. Arbitration The Card Account is goremed by the Cardmember Agreement contained herein. The Arbitration provision contained within that agreement: applies to this EFT Agreement. Please refer to that provision as you read this EFT Agreement Privacy Electronic funds transfers you initiate pursuant to this EFT Agreement are covered by the American Express Privacy Policy, a copy of which was ° given to you together with your American Express Card. To view our Privacy Policy online, please visit arericanexpress.com. How to Contact Us Iffor any reason you wish to contact us about the Program, about your participation in tbe Programm, or about transactions relaling to the Program, write or call us as follows: Address: American Express Travel Related Services Company, ine. Express Cash Operations, P.0. Box 27084, Greensboro, NC 27425 - Telephone: 1-ROO-CASII-NOW, 24 hours a day, seven days a week In Case of Errors or Questions About Your Transactions Write er call us al the munber or address given above as soon 3s you can if you think your statenent or receipt is wrong or if you need more inlor- matiun about 2 transaction listed on your statement or receipt. Ve must hear from you no later than 60 days alter we sent you the FIRST state- ment on which the prdken or ermar appeared. ). Tell us your name and Account mumnber 2. Describe the error or the transaction you are unsure about, and explain as clearly ax you can why you believe it is an error or why you need more information. 3, Tell us the dollar anount of the suspected error if you tell us orally, we may require that you send us your complaint or question in wriling within 10 business days* from the dale jou noUfed us. We will tell you the results of our investigation within 10 business days* after we bear from you and we will correct any error prompuy. If we need more tine, however, we may take up to 45 calendar days to investigate your corpplaint or question. If we decide to do this we wil assure thal your bank recedits your Bank Account within 10 business days“ for the amount you think is in error, so that you will have the use of the money during the time jt takes us to complete our investigation. If we ask you to pul your complaint or question in writing and we do not receive it within 10 business days* following your oral notification, we may not recredit your Bank Account Ef notification of an error is received within 50 calendar days after your Bank Account fs opencd, we will have 20 business days to provide you with the results of our investigation and correct any error, and 90 days to complete the investigation. Twe determine that there vas no error, we will send you a written expla- nation within three business days after we Linish our investigation. Upon your request we will provide you with copies of the documents that we ised in our investigation. IF we have provisionally recredited your Bank Account during the investigation and determine that there vs NO error, we will notify you of the daze on which we will redebit your Bank Account, and the amuunt to be debited. You should mzke certain that your Bank Account coniains sufficient funds lo cover this debit. IF it does not, we hare the right to charge such amount to the Account or to collect the amountfrom you. Jf this happens, we may cancel your tight to participaie in the Program. Termination We, or any bank or financial institution participating in the Program, may add to or remove from the Program any of all ATMs or extend or linpil the services provided at any Jocation without nolifying you before- hand. In addition, we may discontinue the Program at any time. Your tight to participate in the Program will be werainzled or suspended if the Card Account is cancelled or suspended, if you cancel the author- zation you have given your bank to directly charge checks to your Bank Account, if the Bank Accountirom which payment will be made when you make transactions under the Program fs closed to withdrawal trans- actions by us or our agents, if your participation in the Program is inactive inr 18 consecutive months or more. or if the Card Account is no longer in puud standing. In addition to the foregoing, we may revoke your right lo participate in the Program, at any time, af our sole discretion, with or without cause, subject to applicable Jaw If we do so, we will send you wrillen notice, but we may not send you the notice until after the revocation. We also have the dight to deny authorization for any requested transaction, al any time, at our sole discretion, with or without cause, and without giving you police, subject to applicable tax. You may terminate your participa- ion in the Program but you moust do so by wriling to us af the address disclosed in the Section of this EFT Agreement entitled “HOW TO CONTACT US." Prior Agreements and Assignments This EFT Agreement supercedes all prior agreements you may have with _ us relating to the Program. We have the right to assign this EFT - Agreement to a subsidiary or affiliate company at any time. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC e- L . 2 ii — Spha A ae re Gordon A Smith, President, Consumer Cardmember Since 1984 Note for Massachusetts Residents General Disclosure Statement. Any documentation provided to you which indicates that an electronic funds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made. The initiation by you of certain electronic funds transfers from your Bank Account will, except 2s othervise provided in this EFT Acreerment, effectively eliminate your ability to stop payment of the transier. UNLESS OTHERWISE PROVIDED IN THIS EFT AGREEMENT, YOU MAY’ NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSEERS; THERE- FORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. Disclosure of Account Information to Third Parlies. If you ajve us your writlen authorization to disclose information about you, your Account or the transactions thal you make to any person, that authorization shall swtomalicaliy expire 45 days after we receive it Optional Limit on Obtaining Cash. You have the option lo request. shat we limit the total amount of cash that you may obtain irom AIMS in asinele day to $50. If you elect this option we will take al reasonable steps to comply with your request “For Massachusetts residents: 1D calendar days instead of business days. Description of Coverage How the Purchase Protection Plan Works. When an American Express® Cardmember charges 2 covered purchase with his or her Card Account, the Purchase Protection Plan protects thatiter for 90 cays from the date of purchase if it is stolen or accidentally damaged, incloding vandalism. The cover2ge is limited lo $1,000 per Occurrence, up to $50,000 per Cardmember Account per policy year, 2nd is in EXCESS of other sources of indemnity. _How You Benefit © Items of personal propesty purchased worldwide with the Card are covered, including gifts purchased for others. * Asa Cardmember, your purchase is covered for 90 days from the dats of purchase when you charge any portion of the price of the purchzsed jtemn with your Card Accounl2 You will only be reimbursed for the ammount charged to your Card. « The Purchase Protection Plan provides coverage for up to $1,000 per Occurrence of theft or accidental damage, including vandalism, ("Occurrence"), not to exceed $50,000 per Cardmember Account per policy year.. — = The program sdministrator will decide whether to have the itern repaired or replaced, or to reimburse you (cash or credit) up to the amount charged to the Card, and not w exceed the original purchase price? The Purchase Protection Plan does riot reimburse for shipping and handling expenses or installation, assembly of other service charges. Who its Covered You are covered under this Plan and coverage remiins effective as long as you are a US. resident Cardmember, that is, the Armerican Express Card has been issued in your name, and you maintain your Permanent Residence in the 50 United States of America. the District of Columbia, Puerto Rica, or the U.S. Virgin Islands.’ Your Permanent Residence is considered your primary divelling, Key Terms to Know Benefits will not be paid if, on the date of Occurrence. on the date of daim Gling, or on the dave of would-be claimn payinent any amount due on your Card Account is tinpaid for one or more billing cycle(s) or your Card Account is canceled.” - You must provide proof of purchase and satisfactory proof of the theft, accidental damage, including vandalism. while enverage is in effect to qualify for payment under the Purchase Protection Pian. Rernember to keep all your American Express charge receipts, orig- inal store receipts, and damaged items. Coverane under the Purchase Protection Plan is EXCESS; this means + “shat if at the Gime of Occurrence, you have other valid and collectible “insurance or indemnity —uch as but not limited 1 homeowner’ oF yenter's insurance the Purchase Protection Plan will cover that ammount not covered by such other insurance or indemnity, up to the lirnils of the Purchase Protection Plan. Product rebates, discounts or money received from iuwest price comparison programs will be deducted from the original cost of the item. Purchases Not Covered * s * * travelers checks, lickets of any kind, negotiable instruments (such as pift certificates, pift cards and vift checks), cash or ils equivalent, animals or living plants, consumable or perishable ftems with limited Jife spans (such as, but, not limniled to, perfume, lightbulbs, batteries); at the time of purchase, used, rebuilt, refurbished, or remanufacmured items; , if the damaged or stwlen item consists of articles in apairorsel, coverage will be limited to no more than the value of any particular part or paris, unless the articles are unusable individually and canoot be replaced individually, regardless of any speci: value the article(s) may have had as part of a set or collection: permanent household and/or business fixnures. including, but not limited to, carpeting, flooring and/or tile husiness fixtures. including, but not limite! to, air conditioners. refrigerators, healers; . custom hospital, medical and dental equipment and devices, rare stamps or coins; antique, previously owned items; items purchased for resale, professional, or comercial use; items still under installment billing (excerpt those purchased frum American Express Merchandise Services); ” motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts ur accessories, , items rented, leased or borrowed for which you will be held responsible. Occurrences Not Covered items Jost or misplaced, items stolen frome motor vehicles, items riot reasonably safeguarded by you (for example, unlocked or unattended items stolen from public facilities will not be covered); items stolen from baggage not carried by hand under your personal supervision or under the supervision of a uaveling companion known by you; items that you damage through alteration (including cutting, sawing, and shaping); jterns damaped due to normal wear and teat, inherent product defect or normal course of play (such as, but nol limited to, golf and tennis balls); Occurrences caused by any of the folloving: fraud; abuse; natural disaster including, but not limited to, flood. earthquake, tornado or hurricane: war or hostilities of any kind (2g, invasion, rebellion. insurrection}; coniiscation by order of any government, public authnoritt of customs cific: risks of contmiband: iiegal activity nr acts: redioactive contamination: ieee jos, Camnaned orswien under the care and omtuol of a drird party er common carer, 4 ¢ manufacurers defects; ~ jtenss alan unoccupied construction site. How to File a Claim Remember, to insure prompt processing of your claim, you need to report any theft or damage immediately following the date of the Occurrence. including for gifts purchased with the Card. Remember isn, vou need to retctin woUr receipe und your damaged Hern (if required) until the clan process is complete. 1. Call tollfree 1-SC0-322-1277 to report your claim (oversezs, call collect at 1-303-273-6498). Note: You must report your claim usithin 30 days from the dale of Occurrence. 2. You may be sent a Purchase Protection Clairn Form which you must complete, front and back, sign, and renurn to the claims office with the following required documents’ (keep copies for your own records): - © the American Express charge receipt, « the original itemized store receipt + the insurance dedaration forms for your other sources of insur- ance or indemnity (e.g., homeowner's of renter’s insurance); + apholograph of and/or repair estimate for the damaged item (damave clainss unlyy; and » for theft and vandalism claims, a report regarding lhestolen or vandalized ilenas must be filed with the appropriate authority before you call to file 2 claim with the Purchase Protection Plan. Note: You must relurzs your compleled claim form and required documents within 60 day's from tbe dale of Ocourrence lo remain elicible for coverage. 3, The program administrator will decide whether to bave the item repaired or replaced, or to reimburse you (cash or credit?) up to the amount charged to the Card, and aot to exceed the original purchase price. The Purchase Protection Plan does not reimburse for shipping and handling expenses, or installation, assembly, or other service charges.* Note: Ao payment will be made for inakd claims or on any claims nol substantiated in he manner required by ibe Insurer. & For damage claims, you may be required to send in the damaged item(s), at your expense, for further evaluation of your claim. Note: ff requested, you must sendin Ibe damaged item unlbin 30 darys from tbe date of request lo remaar eligible for coverage. Important Additional Information for You The henefits provided tnder the Purchase Protection Plan apply only to you. Only you have any legal or equitable right, reredy, or claim to insurance proceeds and/or damages under of arising from the Purchase Protection Plan. All reasonable and practical steps must be taken to avoid or lessen any chance of property awered by the Purchase Protection Plan being stolen or damazed. When a benefit has heen paid undes the Purchase Protection Plan, the jusurer becomes Submgated, to the extent of such payment, tw all your rights and remedies against any responsible party. Upon our request, you must provide us reasunable assistance, including signing documents if necessary, to bring suil in yourname The Purchase Protectiun Plan is underwritten by AMEX Assurance Company (“Insurer”), Administrative Diiice, Green Bay, Wisconsin. This document serves only 3s 1 description of coverage and is not a policy or contract of insurance; the acbsal tesros, conditions and exclusions of Policy AXO951 (“Policy”) govern the Purchuse Protection Plan. The Policy bas been issued to American Express Travel Related Services Company, Inc. (“American Express”), the Policyholder, This document replaces all existing prior Descriptions of Coverage for the Purchase Protection Plan. # a 2 A ath Chak feat £ ; Peete i oe s ex tes Kenneth J. Giak, President Timothy Mezhan, Secretary AMES Assurance Company AMEX Assurance Company 6726-11-01 1. For those eligible and enrolled in tbe Membership Rewards prozrazm, tbe cost of @ covered product may also be purchased lbrough reciemplion of a Membership Reswards program redemp- lion certificale, . 2. For ibose efigible and enrolled in tbe Membership Rewards program, bengjils are also paid wben ibe purchased item +s received Usrough (hr reclemplion of a Memberspip Reuxrets prosram recempheat certificate. 3. Crevill reimbursement does 710! anply ln New York Stale residents. 4, For thuse eligible wid enrolled in the Membership Rewarcls program. peymnent or credit witl nol exceed Ibe orivirual assigned catue of tbe persnzel property receined! tbrowyb reciemplion of a 3 Membership Rewards program redemption certificate up to lhe slaled limils, excluding shipping and banding exbenses. 5. Important note for lbese enrolled in the Membersbip Rewarcis program: A Membersbip Reuscerels program redemption certificate can only be redeemed by eligiole Carcimembers. Benefits will nol be paid uben a Meimbersbip Reuarels program redemption cerlifi- cale bas been transferred io non-eiigible Cardmembers and/or non-Carcimembers. &. Does nol apply to New York Slate residents. 7. When eligible and enrolled in ibe Membersbip Rewards program, proof of assigned value placed on such properly when using 4 Membersbip Rewards program redemption certificate, must be smilled in addilion to olber requtired documents, if requested. a Gee seaearenaedae Salat 2 igaaalemmmaeetpaeasabl asta Description of Coverage How the Buyer's Assurance Plan Works. When a Cardmember charges the entire cost of 2 covered product with his or her Card Account’, the Buyer's Assurance Plan will extend the terms of the orig- ‘oval manufacturer's warranty for a period of time equal to the duration of the original manufacturer's warranty, up tb one additional year, on warranties of ive years or less that are eligible in the U.S. How You Benefit © The Buyer's Assurance Plan mistors ranufaenress’ warranties for covered products purchased entirely with your Card Account, pp to one additional year. When your covered products manufacturer's warranty expires, the Buyer's Assurance P)an takes effect The Buyer’s Assurance Plan cannot pay more than the actual amount charged lo your Card for the item or $10,000, whicberer is less (not to exceed $50,000 per Cardmember Account per policy year for al] Occurrences combined). Coverage is provided for any produ ct malfunction, defect or damage covered by the terms of the product's original warranty . (“Occurrence”) — al no extra cost For items charged entirely with the Card, the program administrator will decide whether to have the item repaired or replaced, or to reim- burse you (cash or credit’), not to exceed the original purchase price. The Buyer's Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, professional advice, roaintenance or otber service charges.’ Where the personal property consists of articies in a palr or set, this Policy shall be liable for one item in the pair or sel which form the basis of claim hereunder + No product registration or enrollment is required for any covered products, including gifts purchased for others. Who ts Covered You are covered under this Plan and coverage remains effective a5 long as you are @ U.S, Resident Cardmernber, that is, the American Express Card has been issued to you in your name, and you maintain your Permanent Residence within the 50 United States of America, the District of Columbia, Puesto Rico or the U.S. Virgin Islands. Your Permanent Residence is considered your primary dwelling place. Key Terms to Know