Preview
FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024
EXHIBIT A
FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024
Transfer Cardmember Agreement: Part 1 of 2 As of: 10/20/2018
Platinum Card®
Cardmember Name: DANIEL JANSEN
Account Ending In: 2004
Pay Over Time Limit: $10,000
Rates and Fees Table Issuer: American Express National Bank
Annual Percentage Rate
2124°/o
(APR) for Pay Over Time
Feature This APR will vary with the market based on the Prime Rate.
Penalty APR and When it 29.99%
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your Account if:
1) you make one or more late payments; or
2) your payment is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to the Pay Over Time balance(s) on your Account.
How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed.
Paying Interest Your due date is at least 25 days after the close of each billing period. For transactions
added to a Pay Over Time balance at your request, we will begin charging interest as
of the date they are added to your Pay Over Time balance. For transactions added
automatically to a Pay Over Time balance, we will charge interest beginning on the date
of each transaction. We will not charge interest on charges added to your Pay Over Time
balances automatically if you pay the Account Total New Balance by the due date each
month.
Annual Membership Fee $195; however, as you have been previously notified, your Annual Membership Fee will be
$550 as of December 09, 2018.
Transaction Fees
" Foreign Transaction
None
Penalty Fees
" Late Payment
Up to $38
" Returned Payment
Up to $38.
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
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How Rates and Fees Work
Calculating APRs and DPRs The Annual Percentage Rate (APR) for variable rates is determined by adding an amount ( margin) to
the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate ( DPR) is 1/365th of
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Annual Percentage Rate Prime + 14.99% 20.24% 0.0555%
25.99%*
Penalty APR Prime + 29.99% 0.0822%
*The variable penalty APR will not exceed 29.99%
Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will
transactions " you do not pay at least the Minimum Payment apply to charges added to that balance 15 or
Due by the Payment Due Date on one or more days after we send you notice.
more occasions; or We will review your Account every 6 months after
" your payment is returned by your bank. the penalty APR is applied. The penalty APR
will continue to apply until you have made timely
We may also consider your creditworthiness in
Payments with no returned payments during the 6
determining whether or not to apply the penalty months being reviewed.
APR to the Pay Over Time feature(s) on your
Account.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $175 for up to 3 additional
Platinum Cards, $175 for each additional Platinum Card after the first 3, and $0 for additional Gold
Cards.
Late Payment Up to $38. If we do not receive the Amount Due (Minimum Payment Due if you have a Pay Over Time
balance) by its Payment Due Date, the fee is $27. If this happens again within the next 6 billing periods,
the fee is $38. However, the late fee will not exceed the Amount Due or the Minimum Payment Due, as
applicable. Paying late may also result in a penalty APR. See Penalty APR for new transactions above.
Returned Payment Up to $38. If you make a payment that is returned unpaid the first time we present it to your bank, the
fee is $27. If you do this again within the same billing period or the next 6 billing periods, the fee is $38.
However, the returned payment fee will not exceed the Amount Due or, if you have a Pay Over Time
balance, the Minimum Payment Due. A returned payment may also result in a penalty APR for any Pay
Over Time balances you may have. See Penalty APR for new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Foreign Transaction None
About Pay Over Time We may add a feature to your Account that allows you to pay certain charges over time, with interest
feature (Pay Over Time). If the Pay Over Time feature on your Account is set to Select, you may request to
See More About Pay place eligible purchases from the current or preceding billing period in your Pay Over Time Select
Over Time in Part 2 of this balance. If we approve your request, we will place the charge in your Pay Over Time Select balance. If
Agreement for important we decline your request, you must pay the charge in full by the Payment Due Date. A charge is eligible
additional information about for Pay Over Time if it equals or is more than a certain dollar amount. We will tell you this amount when
the Pay Over Time feature. You enroll, and it is subject to change. We will tell you if we change it.
If we allow you to enroll in the Pay Over Time Direct feature, we will automatically place eligible
purchases in your Pay Over Time Direct balance. You may altemate between the Select and Direct
settings. You can do so by visiting us online at americanexpress.com/payovertime or by calling the
number on the back of your Card.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
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FDR 1065953 °°°27303
Cardmember Agreement: Part 2 of 2
How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.
Changing the Agreement We may change this Agreement, subject to applicable We cannot increase the interest rate on existing
law. We may do this in response to the business, balances except in limited circumstances. Changes
legal or competitive environment. This written to some terms may require 45 days advance notice,
Agreement is a final expression of the agreement and we will tell you in the notice if you have the right
governing the Account. The written Agreement may to reject a change. We cannot change certain terms
not be contradicted by any alleged oral agreement. during the first year of your Cardmembership.
Words we use in the We, us, and our mean the issuer shown on page Card means any card or other device that we issue
Agreement 1 of Part 1. You and your mean the person who to access your Account. A charge is any amount
applied for this Account and for whom we opened added to your Account, such as purchases, fees and
the Account. You and your also mean anyone interest charges. A purchase is a charge for goods or
who agrees to pay for this Account. You are the services.
Basic Cardmember. You may request a card for To pay by a certain date means to send your payment
an Additional Cardmember (see About Additional so that we receive it and credit it to your Account by
Cardmembers in Part 2). that date (see About your payments in Part 2).
About using your card
Using the card You may use the card to make purchases. You may We may (but are not required to) tell these merchants
also use the card at an ATM to get cash from a and third parties if your expiration date or card
checking account you designate. number changes or if your account status is updated,
including if your account is cancelled. If you do not
We decide whether to approve a charge based on
want us to share your updated account information,
how you spend and pay on this Account and other
please contact us using the number on the back of
accounts you have with us and our affiliates. We
your card.
also consider your credit history and your personal
resources that we know about. Keep your card safe and don't let anyone else use it.
If your card is lost or stolen or your Account is being
parties to store your card umb and expi at n date,
u ma not use your c ur t fo i ga a vit es
so that, for example:
" the merchant may charge your account at regular
intervals; or
" you may make charges using that stored card
information.
Promise to pay You promise to pay all charges, including:
" charges you make, even if you do not present your card or sign for the transaction,
" charges that other people make if you let them use your Account, and
" charges that Additional Cardmembers make or permit others to make.
Declined transactions We may decline to authorize a charge. Reasons We are not responsible for any losses you incur
we may do this include suspected fraud and our if we do not authorize a charge. And we are not
assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the
even if your Account is not in default. card.
More About Pay Over Time With Pay Over Time, you have the option to pay Certain charges are not eligible for Pay Over Time,
your Account Total New Balance each month, the such as cash and similar transactions. We may
Minimum Payment Due or anything in between. On change which charges are eligible to be placed into
each statement, your Account Summary will show your Pay Over Time feature.
your Pay Over Time New Balance, which is the
We assign a Pay Over Time limit to your Account.
amount that is eligible to be paid over time (see When
We will not place any charge into a Pay Over Time
you must pay in Part 2).
balance if it would cause the total of your Pay Over
We apply a charge to the relevant Pay Over Time Time balances to go over your Pay Over Time Limit.
balance in accordance with the selection in effect at Your Pay Over Time Limit is shown on page 1 of Part
8 p.m. Eastern Time on the transaction date provided 1 and on each statement. We may increase or reduce
by the merchant. The transaction date provided by your Pay Over Time Limit. We may do so even if you
the merchant may differ from the date you made pay on time and your Account is not in default. We
the charge if, for example, there is a delay in the will tell you if we change that amount. You must pay
merchant submitting the transaction to us or if the in full all charges that are not placed into a Pay Over
merchant uses the shipping date as the transaction Time balance.
date.
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AboutDOC.
yourNO. 2
payments RECEIVED NYSCEF: 03/20/2024
When you must pay You must pay the Amount Due no later than the Each statement also shows a Closing Date. The
Payment Due Date shown on your statement to Closing Date is the last day of the billing period
avoid a late payment fee. If a statement includes covered by the statement. Each Closing Date is about
a Pay Over Time balance, it will show a Minimum 30 days after the previous statement's Closing Date.
Payment Due. In this case, you must pay at least the
Minimum Payment Due by the Payment Due Date.
Each statement also states the time and manner
by which you must make your payment for it to be
credited as of the same day it is received. For your
payment to be considered on time, we must receive
it in such time and manner by the Payment Due Date
shown on your statement.
How to make payments Make payments to us in U.S. dollars with: time, we will credit the payment on the day after we
" a single check drawn on a U.S. bank, or receive it.
" a single negotiable instrument clearable through
If your payment does not meet the above
the U.S. banking system, for example a money
requirements, there may be a delay in crediting your
order, or
" Account. This may result in late fees and additional
an electronic payment that can be cleared through
the U.S. banking system. interest charges (see the Rates and Fees Table and
How Rates, Fees and Pay Over Time Work in Part 1).
When making a payment by mail:
" make a separate payment for each account, If we decide to accept a payment made in a foreign
" mail your payment to the address shown on the currency, we will choose a rate to convert your
payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us
" write your Account number on your check or to use a particular rate.
negotiable instrument and include the payment
coupon. If we process a late payment, a partial payment, or a
If your payment meets the above requirements, we Payment marked with any restrictive language, that
will credit it to your Account as of the day we receive will have no effect on our rights and will not change
this Agreement.
it, as long as we receive it by the time disclosed in
your billing statement. If we receive it after that
How we apply payments and If a statement includes a Pay Over Time New After the Minimum Payment Due has been paid, we
credits Balance, it will show a Minimum Payment Due. apply payments to the remaining Pay Over Time
The Minimum Payment Due is the Pay In Full New balance. When we do this, we apply payments first to
h
Balance plus the Pay Over Time Minimum Due. the balance with the highest interest rate and then to
If you have a Pay Over Time balance, we generally
ances nW
apply payments-up to the Minimum Payment Due-first In most cases, we apply a credit to the same balance
to the Pay Over Time Minimum Due and then to the as the related charge. We may apply payments and
Pay In Full New Balance. When applying a payment credits within balances, and among balances with the
to the Pay Over Time Minimum Due, we apply it first same interest rate, in any order we choose.
to the balance with the lowest interest rate and then to
balances with higher interest rates.
About your Minimum Payment Due
How we calculate your The Minimum Payment Due is the Pay In Full New Balance plus any Pay Over Time Minimum Due. To
Minimum Payment Due calculate the Pay Over Time Minimum Due for each statement, we start with the higher of:
(1) interest charged on the statement plus 1% of the
Pay Over Time New Balance (excluding interest on EXAMPLE: Assutne tilot vou I?ave n Pav Over
the statement); or Titne New Balatu:c of S3 intemst of S29 57.
(2) $35. no atnounts vast clue anci a SM Pay In Fuji New
Then we round to the nearest dollar and add any Pay Ba ance
Over Time amount past due. Your Pay Over Time limi Iq (S3000 - S2
(1)S2û57 + mult 57) =
Minimum Due will not exceed your Pay Over Time S59
New Balance. You may pay more than the Minimum
(2) S
Payment Due, up to your entire outstanding balance,
at any time. Om ! int?er of ( D or (2) ts m27. wi}icil rouncts to
$ V ÜÙ. [!N Pa [ /U}e M:nitnutn Due of S5 00
D!USt|?CPD in Fu!| New [3ainnce of S400 t et|wt
Olake u tBN MininH : Payrnent L ue of $459.00
About interest charges on Pay Over Time balances
When we charge interest For transactions added to a Pay Over Time balance at your request (for example, if your Pay Over Time
feature is set to Select), we charge interest from the date they are added to a Pay Over Time balance until they
are paid.
For transactions added automatically to a Pay Over Time balance (for example, if your Pay Over Time
feature is set to Direct), we charge interest from the transaction date until they are paid. However, we will not
charge interest on these transactions in a billing period if:
" your Pay Over Time Previous Balance for the billing period is zero; or
" you paid the Account Total New Balance on your statement, if any, for each of the previous two billing
periods in full by the Payment Due Date shown on each of those statements.
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How DOC. NO. 2interest
we calculate We calculate interest for a billing period by first figuring the interest on eachRECEIVED NYSCEF:
balance. Balances 03/20/2024
within the Pay
Over Time feature -such as Select and Direct- may have different interest rates.
We use the Average Daily Balance method Daily Balance
new transactions) to figure interest For each day a DPR is in effect, we figure the daily
(including
charges for each balance. The total interest charged balance for each balance by:
" taking the beginning balance for the day,
for a billing period is the sum of the interest charged
" adding any new charges,
on each balance.
" subtracting any payments or credits; and
Interest " making any appropriate adjustments.
The interest charged for a balance in a billing period, We add a new charge to a daily balance as of its
except for variations caused by rounding, equals: transaction date.
(1) Average Daily Balance (ADB) multiplied by Beginning balance
. For the first day of a billing period, the beginning
(2) Daily Perodic Rate (DPR) multiplied by balance is the ending balance for the prior billing
(3) number of days the DPR was in effect. period, including unpaid interest. For the rest of the
ADB billing period, the beginning balance is the previous
To get the ADB for a balance, we add up its daily day's daily balance plus an amount of interest equal
balances. Then we divide the result by the number to the previous day's daily balance multiplied by the
of days the DPR for that balance was in effect. If the DPR for that balance. This method of figuring the
daily balance is negative, we treat it as zero. beginning balance results in daily compounding of
DPR interest.
A DPR is 1/365th of an APR, rounded to one ten- When an interest rate changes, the new DPR may
thousandth of a percentage point. Your DPRs are come into effect during-not just at the beginning of-
shown in How Rates and Fees Work in Part 1. the billing period. When this happens, we will create
a new balance and apply the new DPR to it. To get
EXAMPLE: Interest
N beginning balance on the first day for this new
Calculating
lance, we multiply the previous day's daily balance
Assuine timt you ham a single interest ratu of the old DPR and add the result to that day's daily
5 9% your ADB is S2.250 and there are 30 days in lance.
the billina eriod.
Other methods
The DPR is ) 9% dividm) by 365 days 0438 To figure the ADB and interest charges, we may use
The Interest is S2D n1ultin!icct tw un4 8 her formulas or methods that produce equivalent
rou|tioliocl by 30 days = S29.57 ults. Also, we may choose not to charge interest on
tain types of charges.
Determining the Prime Rate We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period
is the Prime Rate published in The Wall Street Journal on the Closing Date of the billing period.
The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate
from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime
Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a
similar published rate.
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay
more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting
changes to variable APRs take effect as of the first day of the billing period.
Other important information
Military Lending Act Federal law provides important protections to members of the Armed Forces and their dependents relating
to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces
and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as
applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for
ancillary products sold in connection with the credit transaction; any application fee charged (other than certain
application fees for specified credit transactions or accounts); and any participation fee (other than certain
participation fees for a credit card account).
To listen to this statement, as well as a description of your payment obligation for this Account, call us at
855-531-0379.
If you are a covered borrower, the Claims Resolution section of this Agreement will not apply to you in
connection with this Account. Instead, the Claims Resolution for Covered Borrowers section will apply.
About Additional At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers
Cardmembers Cardmembers. They do not have accounts with us information about your Account and to discuss it with
but they can use your Account subject to the terms them.
of this Agreement. We may report an Additional
If you want to cancel an Additional Cardmember's
Cardmember's use of your Account to credit reporting right to use your Account (and cancel their card) you
agencies. must tell us.
You are responsible for all use of your Account by
Additional Cardmembers and anyone they allow to
use your Account. You must pay for all charges they
make.
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If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into
Converting charges made in a
U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based
foreign currency
upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is
acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a
government agency or the highest interbank rate AEEML identifies from customary banking sources on the
conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your
charge. We will bill charges converted by establishments (such as airlines) at the rates they use.
Changing your billing address You must notify us immediately if you change the: If you have more than one account, you need to notify
" mailing address where we send billing statements; us separately for each account.
or
We may update your billing address if we receive
" e-mail address to which we send notice that your
information that it has changed or is incorrect.
billing statement is available online.
Closing your Account You may close your Account by calling us or writing to us.
If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your
Account within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations
after this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to
your Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement.
If your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy
will not apply to you.
Cancelling or suspending your We may: We may do any of these things at our discretion, even
Account " cancel your Account, if you pay on time and your Account is not in default.
" suspend the ability to make charges,
If your Account is cancelled, you must destroy your
" cancel or suspend any feature on your Account,
cards.
and
" notify merchants that your Account has been We may agree to reinstate your Account after a
cancelled or suspended. cancellation. If we do this, we may:
" reinstate any additional cards issued on your
If we do any of these, you must still pay us for all
charges under the terms of this Agreement. Account,
" charge you any applicable annual fees, and
" charge you a fee for reinstating the Account.
About default We may consider your Account to be in default if: If we consider your Account in default, we may, to the
" you violate a provision of this Agreement, extent permitted by federal and applicable state law:
" you give us false information, " suspend your ability to make charges,
" you file for bankruptcy, " cancel or suspend any feature on your Account,
" you default under another agreement you have " require you to pay more than your Minimum
with us or an affiliate, Payment Due immediately,
Preview
FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024 EXHIBIT A FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024 Transfer Cardmember Agreement: Part 1 of 2 As of: 10/20/2018 Platinum Card® Cardmember Name: DANIEL JANSEN Account Ending In: 2004 Pay Over Time Limit: $10,000 Rates and Fees Table Issuer: American Express National Bank Annual Percentage Rate 2124°/o (APR) for Pay Over Time Feature This APR will vary with the market based on the Prime Rate. Penalty APR and When it 29.99% Applies This APR will vary with the market based on the Prime Rate. This APR may be applied to your Account if: 1) you make one or more late payments; or 2) your payment is returned by your bank. We may also consider your creditworthiness in determining whether or not to apply the penalty APR to the Pay Over Time balance(s) on your Account. How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. For transactions added to a Pay Over Time balance at your request, we will begin charging interest as of the date they are added to your Pay Over Time balance. For transactions added automatically to a Pay Over Time balance, we will charge interest beginning on the date of each transaction. We will not charge interest on charges added to your Pay Over Time balances automatically if you pay the Account Total New Balance by the due date each month. Annual Membership Fee $195; however, as you have been previously notified, your Annual Membership Fee will be $550 as of December 09, 2018. Transaction Fees " Foreign Transaction None Penalty Fees " Late Payment Up to $38 " Returned Payment Up to $38. How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. 1065953 1065943 Page 1 of 2 FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024 How Rates and Fees Work Calculating APRs and DPRs The Annual Percentage Rate (APR) for variable rates is determined by adding an amount ( margin) to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate ( DPR) is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime + Margin APR DPR Annual Percentage Rate Prime + 14.99% 20.24% 0.0555% 25.99%* Penalty APR Prime + 29.99% 0.0822% *The variable penalty APR will not exceed 29.99% Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will transactions " you do not pay at least the Minimum Payment apply to charges added to that balance 15 or Due by the Payment Due Date on one or more days after we send you notice. more occasions; or We will review your Account every 6 months after " your payment is returned by your bank. the penalty APR is applied. The penalty APR will continue to apply until you have made timely We may also consider your creditworthiness in Payments with no returned payments during the 6 determining whether or not to apply the penalty months being reviewed. APR to the Pay Over Time feature(s) on your Account. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $175 for up to 3 additional Platinum Cards, $175 for each additional Platinum Card after the first 3, and $0 for additional Gold Cards. Late Payment Up to $38. If we do not receive the Amount Due (Minimum Payment Due if you have a Pay Over Time balance) by its Payment Due Date, the fee is $27. If this happens again within the next 6 billing periods, the fee is $38. However, the late fee will not exceed the Amount Due or the Minimum Payment Due, as applicable. Paying late may also result in a penalty APR. See Penalty APR for new transactions above. Returned Payment Up to $38. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $27. If you do this again within the same billing period or the next 6 billing periods, the fee is $38. However, the returned payment fee will not exceed the Amount Due or, if you have a Pay Over Time balance, the Minimum Payment Due. A returned payment may also result in a penalty APR for any Pay Over Time balances you may have. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so. Foreign Transaction None About Pay Over Time We may add a feature to your Account that allows you to pay certain charges over time, with interest feature (Pay Over Time). If the Pay Over Time feature on your Account is set to Select, you may request to See More About Pay place eligible purchases from the current or preceding billing period in your Pay Over Time Select Over Time in Part 2 of this balance. If we approve your request, we will place the charge in your Pay Over Time Select balance. If Agreement for important we decline your request, you must pay the charge in full by the Payment Due Date. A charge is eligible additional information about for Pay Over Time if it equals or is more than a certain dollar amount. We will tell you this amount when the Pay Over Time feature. You enroll, and it is subject to change. We will tell you if we change it. If we allow you to enroll in the Pay Over Time Direct feature, we will automatically place eligible purchases in your Pay Over Time Direct balance. You may altemate between the Select and Direct settings. You can do so by visiting us online at americanexpress.com/payovertime or by calling the number on the back of your Card. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 1065953 1065943 Page 2 of 2 FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024 FDR 1065953 °°°27303 Cardmember Agreement: Part 2 of 2 How Your American Express Account Works Introduction About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement. identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. Changing the Agreement We may change this Agreement, subject to applicable We cannot increase the interest rate on existing law. We may do this in response to the business, balances except in limited circumstances. Changes legal or competitive environment. This written to some terms may require 45 days advance notice, Agreement is a final expression of the agreement and we will tell you in the notice if you have the right governing the Account. The written Agreement may to reject a change. We cannot change certain terms not be contradicted by any alleged oral agreement. during the first year of your Cardmembership. Words we use in the We, us, and our mean the issuer shown on page Card means any card or other device that we issue Agreement 1 of Part 1. You and your mean the person who to access your Account. A charge is any amount applied for this Account and for whom we opened added to your Account, such as purchases, fees and the Account. You and your also mean anyone interest charges. A purchase is a charge for goods or who agrees to pay for this Account. You are the services. Basic Cardmember. You may request a card for To pay by a certain date means to send your payment an Additional Cardmember (see About Additional so that we receive it and credit it to your Account by Cardmembers in Part 2). that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. You may We may (but are not required to) tell these merchants also use the card at an ATM to get cash from a and third parties if your expiration date or card checking account you designate. number changes or if your account status is updated, including if your account is cancelled. If you do not We decide whether to approve a charge based on want us to share your updated account information, how you spend and pay on this Account and other please contact us using the number on the back of accounts you have with us and our affiliates. We your card. also consider your credit history and your personal resources that we know about. Keep your card safe and don't let anyone else use it. If your card is lost or stolen or your Account is being parties to store your card umb and expi at n date, u ma not use your c ur t fo i ga a vit es so that, for example: " the merchant may charge your account at regular intervals; or " you may make charges using that stored card information. Promise to pay You promise to pay all charges, including: " charges you make, even if you do not present your card or sign for the transaction, " charges that other people make if you let them use your Account, and " charges that Additional Cardmembers make or permit others to make. Declined transactions We may decline to authorize a charge. Reasons We are not responsible for any losses you incur we may do this include suspected fraud and our if we do not authorize a charge. And we are not assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the even if your Account is not in default. card. More About Pay Over Time With Pay Over Time, you have the option to pay Certain charges are not eligible for Pay Over Time, your Account Total New Balance each month, the such as cash and similar transactions. We may Minimum Payment Due or anything in between. On change which charges are eligible to be placed into each statement, your Account Summary will show your Pay Over Time feature. your Pay Over Time New Balance, which is the We assign a Pay Over Time limit to your Account. amount that is eligible to be paid over time (see When We will not place any charge into a Pay Over Time you must pay in Part 2). balance if it would cause the total of your Pay Over We apply a charge to the relevant Pay Over Time Time balances to go over your Pay Over Time Limit. balance in accordance with the selection in effect at Your Pay Over Time Limit is shown on page 1 of Part 8 p.m. Eastern Time on the transaction date provided 1 and on each statement. We may increase or reduce by the merchant. The transaction date provided by your Pay Over Time Limit. We may do so even if you the merchant may differ from the date you made pay on time and your Account is not in default. We the charge if, for example, there is a delay in the will tell you if we change that amount. You must pay merchant submitting the transaction to us or if the in full all charges that are not placed into a Pay Over merchant uses the shipping date as the transaction Time balance. date. Version 1065953 Page 1 of 10 FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF AboutDOC. yourNO. 2 payments RECEIVED NYSCEF: 03/20/2024 When you must pay You must pay the Amount Due no later than the Each statement also shows a Closing Date. The Payment Due Date shown on your statement to Closing Date is the last day of the billing period avoid a late payment fee. If a statement includes covered by the statement. Each Closing Date is about a Pay Over Time balance, it will show a Minimum 30 days after the previous statement's Closing Date. Payment Due. In this case, you must pay at least the Minimum Payment Due by the Payment Due Date. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. For your payment to be considered on time, we must receive it in such time and manner by the Payment Due Date shown on your statement. How to make payments Make payments to us in U.S. dollars with: time, we will credit the payment on the day after we " a single check drawn on a U.S. bank, or receive it. " a single negotiable instrument clearable through If your payment does not meet the above the U.S. banking system, for example a money requirements, there may be a delay in crediting your order, or " Account. This may result in late fees and additional an electronic payment that can be cleared through the U.S. banking system. interest charges (see the Rates and Fees Table and How Rates, Fees and Pay Over Time Work in Part 1). When making a payment by mail: " make a separate payment for each account, If we decide to accept a payment made in a foreign " mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us " write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment, a partial payment, or a If your payment meets the above requirements, we Payment marked with any restrictive language, that will credit it to your Account as of the day we receive will have no effect on our rights and will not change this Agreement. it, as long as we receive it by the time disclosed in your billing statement. If we receive it after that How we apply payments and If a statement includes a Pay Over Time New After the Minimum Payment Due has been paid, we credits Balance, it will show a Minimum Payment Due. apply payments to the remaining Pay Over Time The Minimum Payment Due is the Pay In Full New balance. When we do this, we apply payments first to h Balance plus the Pay Over Time Minimum Due. the balance with the highest interest rate and then to If you have a Pay Over Time balance, we generally ances nW apply payments-up to the Minimum Payment Due-first In most cases, we apply a credit to the same balance to the Pay Over Time Minimum Due and then to the as the related charge. We may apply payments and Pay In Full New Balance. When applying a payment credits within balances, and among balances with the to the Pay Over Time Minimum Due, we apply it first same interest rate, in any order we choose. to the balance with the lowest interest rate and then to balances with higher interest rates. About your Minimum Payment Due How we calculate your The Minimum Payment Due is the Pay In Full New Balance plus any Pay Over Time Minimum Due. To Minimum Payment Due calculate the Pay Over Time Minimum Due for each statement, we start with the higher of: (1) interest charged on the statement plus 1% of the Pay Over Time New Balance (excluding interest on EXAMPLE: Assutne tilot vou I?ave n Pav Over the statement); or Titne New Balatu:c of S3 intemst of S29 57. (2) $35. no atnounts vast clue anci a SM Pay In Fuji New Then we round to the nearest dollar and add any Pay Ba ance Over Time amount past due. Your Pay Over Time limi Iq (S3000 - S2 (1)S2û57 + mult 57) = Minimum Due will not exceed your Pay Over Time S59 New Balance. You may pay more than the Minimum (2) S Payment Due, up to your entire outstanding balance, at any time. Om ! int?er of ( D or (2) ts m27. wi}icil rouncts to $ V ÜÙ. [!N Pa [ /U}e M:nitnutn Due of S5 00 D!USt|?CPD in Fu!| New [3ainnce of S400 t et|wt Olake u tBN MininH : Payrnent L ue of $459.00 About interest charges on Pay Over Time balances When we charge interest For transactions added to a Pay Over Time balance at your request (for example, if your Pay Over Time feature is set to Select), we charge interest from the date they are added to a Pay Over Time balance until they are paid. For transactions added automatically to a Pay Over Time balance (for example, if your Pay Over Time feature is set to Direct), we charge interest from the transaction date until they are paid. However, we will not charge interest on these transactions in a billing period if: " your Pay Over Time Previous Balance for the billing period is zero; or " you paid the Account Total New Balance on your statement, if any, for each of the previous two billing periods in full by the Payment Due Date shown on each of those statements. Version 1065953 Page 2 of 10 FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF How DOC. NO. 2interest we calculate We calculate interest for a billing period by first figuring the interest on eachRECEIVED NYSCEF: balance. Balances 03/20/2024 within the Pay Over Time feature -such as Select and Direct- may have different interest rates. We use the Average Daily Balance method Daily Balance new transactions) to figure interest For each day a DPR is in effect, we figure the daily (including charges for each balance. The total interest charged balance for each balance by: " taking the beginning balance for the day, for a billing period is the sum of the interest charged " adding any new charges, on each balance. " subtracting any payments or credits; and Interest " making any appropriate adjustments. The interest charged for a balance in a billing period, We add a new charge to a daily balance as of its except for variations caused by rounding, equals: transaction date. (1) Average Daily Balance (ADB) multiplied by Beginning balance . For the first day of a billing period, the beginning (2) Daily Perodic Rate (DPR) multiplied by balance is the ending balance for the prior billing (3) number of days the DPR was in effect. period, including unpaid interest. For the rest of the ADB billing period, the beginning balance is the previous To get the ADB for a balance, we add up its daily day's daily balance plus an amount of interest equal balances. Then we divide the result by the number to the previous day's daily balance multiplied by the of days the DPR for that balance was in effect. If the DPR for that balance. This method of figuring the daily balance is negative, we treat it as zero. beginning balance results in daily compounding of DPR interest. A DPR is 1/365th of an APR, rounded to one ten- When an interest rate changes, the new DPR may thousandth of a percentage point. Your DPRs are come into effect during-not just at the beginning of- shown in How Rates and Fees Work in Part 1. the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get EXAMPLE: Interest N beginning balance on the first day for this new Calculating lance, we multiply the previous day's daily balance Assuine timt you ham a single interest ratu of the old DPR and add the result to that day's daily 5 9% your ADB is S2.250 and there are 30 days in lance. the billina eriod. Other methods The DPR is ) 9% dividm) by 365 days 0438 To figure the ADB and interest charges, we may use The Interest is S2D n1ultin!icct tw un4 8 her formulas or methods that produce equivalent rou|tioliocl by 30 days = S29.57 ults. Also, we may choose not to charge interest on tain types of charges. Determining the Prime Rate We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal on the Closing Date of the billing period. The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. Other important information Military Lending Act Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee (other than certain participation fees for a credit card account). To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379. If you are a covered borrower, the Claims Resolution section of this Agreement will not apply to you in connection with this Account. Instead, the Claims Resolution for Covered Borrowers section will apply. About Additional At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers Cardmembers. They do not have accounts with us information about your Account and to discuss it with but they can use your Account subject to the terms them. of this Agreement. We may report an Additional If you want to cancel an Additional Cardmember's Cardmember's use of your Account to credit reporting right to use your Account (and cancel their card) you agencies. must tell us. You are responsible for all use of your Account by Additional Cardmembers and anyone they allow to use your Account. You must pay for all charges they make. Version 1065953 Page 3 of 10 FILED: SARATOGA COUNTY CLERK 03/20/2024 07:53 PM INDEX NO. EF2024978 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/20/2024 If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into Converting charges made in a U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based foreign currency upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use. Changing your billing address You must notify us immediately if you change the: If you have more than one account, you need to notify " mailing address where we send billing statements; us separately for each account. or We may update your billing address if we receive " e-mail address to which we send notice that your information that it has changed or is incorrect. billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. If an Annual Membership fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days of the Closing Date of the billing statement on which that fee appears. For cancellations after this 30 day period, the Annual Membership fee is non-refundable. If an Annual Membership fee applies to your Account, it is shown on page 1 and page 2 of Part 1 of the Cardmember Agreement. If your billing address is in the Commonwealth of Massachusetts at the time you close your account, this policy will not apply to you. Cancelling or suspending your We may: We may do any of these things at our discretion, even Account " cancel your Account, if you pay on time and your Account is not in default. " suspend the ability to make charges, If your Account is cancelled, you must destroy your " cancel or suspend any feature on your Account, cards. and " notify merchants that your Account has been We may agree to reinstate your Account after a cancelled or suspended. cancellation. If we do this, we may: " reinstate any additional cards issued on your If we do any of these, you must still pay us for all charges under the terms of this Agreement. Account, " charge you any applicable annual fees, and " charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default, we may, to the " you violate a provision of this Agreement, extent permitted by federal and applicable state law: " you give us false information, " suspend your ability to make charges, " you file for bankruptcy, " cancel or suspend any feature on your Account, " you default under another agreement you have " require you to pay more than your Minimum with us or an affiliate, Payment Due immediately,