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Case Number: CACE-18-000072 Division: 12
Filing # 65981390 E-Filed 01/02/2018 01:26:51 PM
IN THE CIRCUIT COURT
IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.
DIVISION:
AMERICAN EXPRESS BANK, FSB,
Plaintiff,
Vs.
LEONARD GLANZ AKA LEN GLANZ
Defendant(s)
COMPLAINT
The Plaintiff, AMERICAN EXPRESS BANK, FSB, (hereinafter “Plaintiff’) sues the
Defendant(s), LEONARD GLANZ AKA LEN GLANZ (hereinafter “Defendant(s)”) and says:
1. Plaintiff is a federal savings bank organized under the laws of the United States of
America, with a principal place of business in Salt Lake City, Utah.
2. That this is an action for damages that does exceed $15,000.00, exclusive of interest
and court costs.
BREACH OF CONTRACT
3. This action is based upon a Credit Account Agreement entered into by the
Defendant(s) with the Plaintiff.
4. The Defendant(s) used or authorized the use of the Account to incur charges, or
receive cash advances, or kept the Account open for future use, and by such action assumed the
obligations of the terms and conditions of the Account. (A record of the governing terms and
conditions of the Credit Account Agreement are attached and incorporated as Exhibit A).
5. A record of the account statement is attached. See Exhibit B.
6. The Defendant(s) subsequently defaulted on the terms and conditions of the Account
and the Plaintiff accelerated the full balance due and owing on the Account.
7. The Defendant(s) owes the Plaintiff $30,758.43.
8. Plaintiff has performed all conditions precedent to bringing this action, or the same
have been waived by the Defendant(s).
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/2/2018 1:26:49 PM.****WHEREFORE, Plaintiff demands judgment for damages plus costs against Defendant.
ZWICKER & ASSOCIATES, P.C.
/s/ Zoran D. Jovanovich, Esq.
0 ZORAN D. JOVANOVICH, ESQ.
FLORIDA BAR #189730
C ERIKA DUCHARME, ESQ.
FLORIDA BAR #0092360
OU PIERRE G. MINA, ESQ.
FLORIDA BAR #078335
0 ROBERT G. DUNN, ESQ.
FLORIDA BAR #100709
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
ATTORNEY FOR PLAINTIFF
700 W. HILLSBORO BLVD.
BUILDING 2; SUITE 201
DEERFIELD BEACH, FL 33441
Phone: (954)481-0851
Fax: (954)481-0854
Email: SOUTHFLALITIGATION@ZWICKERPC.COMCardmember Agreement: Part 1 of 2 As of: 02/02/2016
The Business Platinum Card® Company Name:GLANZ TECHNOLOGIES |
issuer: American Express Bank, FSB Cardmember Name: LEONARD GLANZ
Account Ending In: 2am
Fees Table
Annual Membership Fee | $450
Transaction Fees
» Foreign Transaction None
Penalty Fees
+ Late Payment $38 or 2.99% of any past due Pay in Full amount, whichever is greater.
+ Retumed Payment $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.
EXHIBIT A
MS CM14£1A00000010 997075 997103 Page 1 of 2How Rates and Fees Work
tle om ROL le alan See About Pay Over
When the penalty APR will | The Penalty APR applies to Pay Over Time balances if:
apply « you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which itis due 2 times in 12 billing periods,
* you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which it is due and you still do not pay it by the Ciosing Date of the next billing period, or
* your payment is retumed by your bank.
How long the penalty APR | The penalty APR will apply until after you have made timely payments, with no retuned payments for
co 12 —
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $300 for each additional
Business Piatinum Card, $200 for each additional Executive Business Card, $75 for each additional
Business Purchase Card, and $45 for each additional Business Gold Card.
Late Payment $38 if you do not pay the Amount Due on a billing statement before the 20th day after the next Closing
Date.
Ue a ee eee
Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an
additional fee in that same billing period of the greater of $38 or 2.99% of any past due Pay in Full
amounts,
For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the
greater of $38 or 2.99% of any past due Pay in Full amounts.
Your late fee will not exceed the Amount Due or any limit established by applicable law.
Paying late may also resuit in a penalty APR. See When the penalty APR will apply above.
Returned Payment $38 if your payment is retumed unpaid the first time we present it to your bank. A returned payment
may aiso result in a penaity APR for Pay Over Time balances. See When the penalty APR will apply
above.
Retumed Check $38 if you use your card to cash a check at one of our approved locations and the check is retumed
unpaid. We will also charge you the unpaid amount.
Foreign Transaction None
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
(EEE CMAEUA0T0000010 997075 997103 Page 2 of 2FDR 997075
Cardmember Agreement: Part 2 of 2
How Your American Express Account Works
Doc 27310
Introduction
About your Cardmember
Agreement
Words we use in the
Agreement
Additional Cardmembers
Replacement Basic
Cardmember
About using your card
Using the card
Promise to pay
Declined transactions
Version 997075
This document together with Part 1 make up
the Cardmember Agreement (Agreement) for
the Account identified on page 1 of Part 1. Any
‘supplements or amendments are also part of the
Agreement.
We, us, and our mean the issuer shown on page
4 of Part 1. Except as provided below, Basic
Cardmember means the person who applied for this
account or to whom we address billing statements.
Company means the business for which the Account
is established. You and your mean the Basic
Cardmember and the Company. You agree, jointly
and severally, to be bound by the terms of this
Agreement.
At your request, we may issue cards to Additional
Cardmembers. They do not have accounts with us
but they can use your Account subject to the terms of
this Agreement.
You are responsible for all use of the Account by
Additional Cardmembers and anyone they allow
to use the Account. You must pay for all charges
they make. You must share this agreement with all
Additional Cardmembers.
You must tell Additional Cardmembers that:
© we may obtain, provide and use information about
them.
« their use of the Account is subject to this
Agreement.
You must tell us if the Basic Cardmember is no longer
an employee or officer of the Company or does not
want to be the Basic Cardmember. In that case, you
must either close the Account, or propose another
person to replace the Basic Cardmember.
If you propose another person to replace the Basic
Cardmember, that person must agree to assume the
You may use the card to make purchases. You may
also use the card at an ATM to get cash froma
checking account you designate.
Each Cardmember acknowledges and agrees that
cards are intended to be used for the Company's
commercial or business purposes.
We decide whether to approve a charge based on
how you spend and pay on this Account and other
accounts you have with us and our affiliates. We
also consider your credit history and your personal
resources that we know about.
You may arrange for certain merchants to store
your card number and expiration date, so that, for
example:
You promise to pay all charges, including:
When you or an Additional Cardmember, as defined
below, use the Account (or sign or keep a card), you
agree to the terms of the Agreement.
Card means any card or other device that we issue
to access your Account. A charge is any amount
added to your Account, such as purchases and fees.
A purchase is a charge for goods or services.
To pay by a certain date means to send your payment
so that we receive it and credit it to your Account by
that date (see About your payments in Part 2).
You authorize us to give Additional Cardmembers
information about the Account and to discuss it with
them,
If you want to cancel an Additional Cardmember's
right to use your Account (and cancel their card) you
must tell us.
We may refer to Additional Caras) and Additional
Cardmember(s) as Employee Cards) and Employee
Cardmember(s). All terms and conditions that apply to
Additional Cards also apply to Employee Cards.
obligations and liabilities of the Basic Cardmember
under this Agreement, as of the date that such person
replaces the Basic Cardmember. That person is
subject to our approval.
‘You agree that the Basic Cardmember remains the
Basic Cardmember until we approve a replacement or
the Account is closed.
© the merchant may charge your account at regular
intervals; or
you may make charges using that stored card
information.
‘We may (but are not required to) tell these merchants
if your expiration date or card number changes or
if your account is cancelled. You must notify the
merchants directly if you want them to stop charging
your Account.
Keep your card safe and don't let anyone else use it.
If your card is lost or stolen or your Account is being
used without your permission, contact us right away.
You may not use your Account for illegal activities.
© charges you make, even if you do not present your card or sign for the transaction,
‘© charges that other people make, whether or not you or an Additional Cardmember intend to let them use the
Account, subject to applicable law, and
© charges that Additional Cardmembers make or permit others to make.
We may decline to authorize a charge. Reasons
we may do this include suspected fraud and our
assessment of your creditworthiness. This may occur
even if your Account is not in default.
Page 1 of 8
We are not responsible for any losses you incur if we
do not authorize a charge. And we are not responsible
if any merchant refuses to accept the card.About Pay Over Time features
We may add features to the Account that allow you to pay certain charges over time.
Ifyou enroll in the Extended Payment Option, we will automatically place all eligible charges into a Pay Over
Time balance. A charge is eligible if it equals or is more than a certain dollar amount. We will tell you this
amount when you enroll, and it is subject to change. We will tell you if we change it. Certain charges are not
eligible, such as cash and similar transactions.
We assign a Pay Over Time limit to your Account. We will not place any charge into a Pay Over Time balance
if it causes the total of your Pay Over Time balances to go over your Pay Over Time limit. We may increase or
decrease the Pay Over Time limit. We may do so even if you pay on time and your Account is not in default.
Wee will tell you if we change that amount. You must pay in full upon receipt of your billing statement all charges
that are not placed into a Pay Over Time balance. We may change which charges are eligible to be placed into
a Pay Over Time balance.
About your payments
When you must pay
Payment of the New Balance is due upon receipt of
your statement. If a statement includes a Pay Over
Time balance, it will show a Minimum Payment Due.
In this case, you must pay at least the Minimum
Payment Due by the Payment Due Date. Each
‘statement also states the time and manner by which
you must make your payment for it to be credited as
of the same day it is received.
Each statement also shows a Ciosing Date. The
Closing Date is the last day of the billing period
covered by the statement. Each Closing Date is about
30 days after the previous statement's Closing Date.
Each statement also shows a Next Closing Date.
How to make payments
Make payments to us in U.S. dollars with:
© asingle check drawn on a U.S. bank, or
* asingle negotiable instrument clearable through
the U.S. banking system, for example a money
order, or
* an electronic payment that can be cleared
through the U.S. banking system.
When making a payment by mail:
¢ make a separate payment for each Account,
mail your payment to the address shown on the
payment coupon on the billing statement, and
* write the Account number on your check or
negotiable instrument and include the payment
coupon.
If your payment meets the above requirements, we
will credit it to the Account as of the day we receive
it, as long as we receive it by the time disclosed in
the billing statement. If we receive it after that time, we
will credit the payment on the day after we receive it.
If your payment does not meet the above
requirements, there may be a delay in crediting the
Account. This may result in late fees and additional
interest charges (see How Rates and Fees Work on
page 2 of Part 1).
If we decide to accept a payment made in a foreign
currency, we will choose a rate to convert your
payment into U.S. dollars, unless the law requires us to
use a particular rate.
If we process a late payment, a partial payment, or a
payment marked with any restrictive language, that will
have no effect on our rights and will not change this
Agreement,
If a statement includes a Pay Over Time balance, it will show a Minimum Payment Due. The Minimum Payment
Due is the Pay In Full New Balance plus the Pay Over Time Minimum Due.
If you have a Pay Over Time balance, we generally apply payments—up to the Minimum Payment Due-first to
the Pay Over Time Minimum Due and then to the Pay In Full New Balance. When applying a payment to the
Pay Over Time Minimum Due, we apply it first to the balance with the lowest interest rate and then to balances
with higher interest rates.
After the Minimum Payment Due has been paid, we apply payments to the remaining Pay Over Time balance.
When we do this, we apply payments first to the balance with the highest interest rate and then to balances
with lower interest rates,
How we apply payments and
credits
In most cases, we apply a credit to the same balance as the related charge. We may apply payments and
credits within balances, and among balances with the same interest rate, in any order we choose.
About your Minimum Payment Due
The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. To calculate the
Pay Over Time Minimum Due for each statement, we start with the higher of:
(1) interest charged on the statement plus 1% of the
Pay Over Time New Balance (excluding interest
‘on the statement); or
(2) $35.
Then we round to the nearest dollar and add
any Pay Over Time amount past due. Your Pay
Over Time Minimum Due will not exceed your
Pay Over Time New Balance. You may pay more
than the Minimum Payment Due, up to your entire
‘outstanding balance, at any time.
How we calculate your
Minimum Payment Due
Version 997075 Page 2 of 8About interest charges
When we charge interest
How we calculate interest
We charge interest on these transactions beginning on their transaction date until they are paid. However, we
will not charge interest on these transactions during a billing period if:
* your Pay Over Time Previous Balance for the billing period is zero; or
* you paid the Account Total Previous Balance for each of the previous two billing periods in full by the closing
date shown on their respective statements.
We calculate interest for a billing period by first calculating interest on each balance within each feature.
Balances within each feature-such as Sign & Travel and Extended Payment Option-may have different interest
rates.
We use the Average Daily Balance method
(including new transactions) to calculate interest
charges for each balance. The total interest charged
for a billing period is the sum of the interest charged
‘on each balance.
Interest
The interest charged for a balance in a billing period,
except for variations caused by rounding, equals:
© Average Daily Balance (ADB) x
© Daily Periodic Rate (DPR) x
number of days the DPR was in effect.
ADB
To get the ADB for a balance, we add up its daily
balances. Then we divide the result by the number
of days the DPR for that balance was in effect. If the
daily balance is negative, we treat it as zero.
DPR
ADPR is 1/365th of an APR, rounded to one
tenthousandth of a percentage point. Your DPRs are
shown in How Rates and Fees Work on page 2 of
Part 1.
Daily Balance
For each day a DPR is in effect, we calculate the daily
balance by:
® taking the beginning balance for the day,
© adding any new charges,
subtracting any payments or credits; and
© making any appropriate adjustments.
We add a new charge to a daily balance as of its
transaction date.
Beginning balance
For the first day of a billing period, the beginning
balance is the ending balance for the prior billing
period, including unpaid interest. For the rest of the
billing period, the beginning balance is the previous
day's daily balance plus an amount of interest equal
to the previous day's daily balance multiplied by the
DPR for that balance. This method of calculating the
beginning balance results in daily compounding of
interest.
When an interest rate changes, the new DPR may
come into effect during-not just at the beginning of-
the billing period. When this happens, we will create a
new balance and apply the new DPR to it. To get the
beginning balance on the first day for this new balance,
we multiply the previous day's dally balance by the old
DPR and add the result to that day's daily balance.
Other methods
To calculate the ADB and interest charges, we may
use other formulas or methods that produce equivalent
results, Also, we may choose not to charge interest on
certain types of charges.
Determining the Prime Rate
We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing
period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing
period,
The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate
from the previous day it was published. If The Wall Street Journal is no longer published, we may use the
Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use
a similar published rate.
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay
more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting
changes to variable APRs take effect as of the first day of the billing period.
Other important information
Changing the Agreement
We may change the terms of, or add new terms to,
this Agreement. We may apply any changed or new
terms to any existing and future balances on the
Account, subject to applicable law.
This written Agreement is a final expression of the
agreement governing the Account. The written
Agreement may not be contradicted by any alleged oral
agreement.
Converting charges made ina
foreign currency
If you make a charge in a foreign currency, we will convert it into U.S. dollars on the date we or our agents
process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us
for that date. The rate we use is no more than the highest official rate published by a government agency or the
highest interbank rate we identify from customary banking sources on the conversion date or the prior business
day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted
by establishments (such as airlines) at the rates they use.
Changing your billing address
Version 997075,
You must notify us immediately if you change the:
‘* mailing address, email address, telephone numbers, or fax numbers that we use to send you billing
statements, notices or other communications.
© legal entity of the Company.
© tax identification number.
Page 3 of 8Closing your Account
You may instruct us to close the Account by calling
us or writing to us. The Basic Cardmember agrees
to inform the Company prior to instructing us to do
so.
The Basic Cardmember and the Company remain
jointly and severally liable for all Charges made on the
Account.
Cancelling or suspending your
Account
About default
Collection costs
We may:
© cancel your Account,
© suspend the ability to make charges,
© cancel or suspend any feature on your Account,
and
notify merchants that your Account has been
cancelled or suspended.
If we do any of these, you must still pay us for all
charges under the terms of this Agreement.
We may consider your Account to be in default if:
© you violate a provision of this Agreement,
you give us false information,
you file for bankruptcy,
you default under another agreement you have
with us or an affiliate,
© you become incapacitated or die, or
we believe you are unable or unwilling to pay
your debts when due.
We may do any of these things at our discretion, even
if you pay on time and your Account is not in default.
Hf your Account is cancelled, you must destroy your
cards.
We may agree to reinstate your Account after a
cancellation. If we do this, we may:
* reinstate any additional cards issued on your
Account,
© charge you any applicable annual fees, and
charge you a fee for reinstating the Account.
If we consider your Account in default, we may:
suspend your ability to make charges,
cancel or suspend any feature on your Account,
© cancel the Account and require you to pay the
Account balance immediately.
require you to pay more than your Minimum,
Payment Due immediately.
You agree to pay all reasonable costs, including attomeys' fees, that we incur to collect amounts you owe or to.
protect ourselves from loss, harm or risk relating to default.
Credit reports
You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information
about you from other sources including information to verify and re-verify your employment and income. And
you agree that we will use such information for any purposes, subject to applicable law.
You agree that we will give information about the Account to credit reporting agencies. We will tell a credit
reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on
your credit report.
If you believe information we have given to a credit reporting agency is incorrect, write to us at: American
Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the
specific information you believe is incorrect.
Sending you notices
We send you notices through the U.S. mail (postage prepaid) or electronically using the information in our
records. Any notice we send you is deemed given when deposited in the U.S. mail or when sent electronically.
Additionally, we may send notices and information to Additional Cardmembers at their request.
We may contact you
Servicing and collections
If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our
affiliates, agents and contractors) to contact you at any number you provide, from which you call us, or at which
we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you
using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar
device, even if you are charged for it.
Call monitoring
We may monitor and record any calls between you and us.
About insurance products
We or our affiliates may tell you about insurance and non-insurance products, services or features that
may have a fee, One of our affiliates may act on behalf of a provider of these products, The affiliate may be
compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may
get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer.
Compensation may influence what products and providers we or our affiliates tell you about.
We may share information about you with our affiliates so they can identify products that may interest you. We
may be compensated for this information.
How we handle electronic
debits from your checking
account
ExpressPay
If we do this, your payment may be deducted from
your bank or other asset account on the same day
we receive your check. Also, you will not receive that
cancelled check with your bank or asset account billing
statement.
When you pay us by check, you authorize us to
electronically deduct the amount from your bank or
other asset account.
We may process the check electronically by
transmitting to your financial institution:
© the amount,
© the routing number,
@ the account number, and
® the check serial number.
Cards issued on the Account may be equipped with ExpressPay. ExpressPay enables you to make charges
without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we
may deactivate ExpressPay at any time.
If we cannot collect the funds electronically, we may
issue a draft against your bank or other asset account
for the amount of the check.
Version 997075
Page 4 of 8Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers
make charges at these agencies, we collect certain charge information. That information may be put to
routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and
marketing use. Other routine uses by agencies may be published in the Federal Register.
Changing the benefits We have the right to add, modify or delete any benefit, service, or feature of the Account at our discretion.
Assigning the Agreement We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying
you. You may not sell, assign or transfer the Account or any of your obligations under this Agreement.
Assigning claims
Ifyou dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we
do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You and
any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And
you and any Additional Cardmembers must cooperate with us if we decide to do so.
We do not waive our rights
We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not
waive our rights to exercise or enforce them on any other occasion.
Governing law
Utah law and federal law govern this Agreement and the Account. They govern without regard to internal
principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this
Agreement with you in Utah.
Notice to Oregon Residents
Service charges not in excess of those permitted by law will be charged on the outstanding balances from
month to month, You may pay more than the minimum payment due, up to your entire outstanding balance, at
any time.
Notice for residents of
Washington State
In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for
payment of interest charges that result solely from a merchant's failure to transmit to us within seven working
days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's.
delay in posting such credit, or our failure to post such credit to your account within three working days of our
receipt of the credit.
Claims Resolution
Most customer concerns can be resolved by
calling our Customer Service Department at the
number listed on the back of your card. In the
event Customer Service is unable to resolve
a complaint to your satisfaction, this section
explains how claims can be resolved through
mediation, arbitration or litigation. It includes
an arbitration provision. You may reject the
arbitration provision by sending us written
notice within 45 days after your first card
purchase. See Your Right to Reject Arbitration
below.
For this section, you and us includes any
corporate parents, subsidiaries, affiliates or
related persons or entities. Claim means any
current or future claim, dispute or controversy
relating to your Account(s), this Agreement, or
any agreement or relationship you have or had
with us, except for the validity, enforceability
or scope of the Arbitration provision. Claim
includes but is not limited to: (1) initial claims,
counterclaims, crossclaims and third-party claims;
(2) claims based upon contract, tort, fraud,
statute, regulation, common law and equity;
(3) claims by or against any third party using
or providing any product, service or benefit in
connection with any account; and (4) claims that
arise from or relate to (a) any account created
under any of the agreements, or any balances on
any such account, (b) advertisements, promotions
or statements related to any accounts, goods or
services financed under any accounts or terms
of financing, (c) benefits and services related
to card membership (including fee-based or
free benefit programs, enrollment services and
rewards programs) and (d) your application for
any account. You may not sell, assign or transfer
acclaim.
Before beginning a lawsuit, mediation or
Version 997075
arbitration, you and we agree to send a written
notice (a claim notice) to each party against
whom a claim is asserted, in order to provide
an opportunity to resolve the claim informally or
through mediation. Go to americanexpress.con/
claim for a sample claim notice. The claim notice
must describe the claim and state the specific
relief demanded. Notice to you may be provided
by your billing statement or sent to your billing
address. Notice to us must include your name,
address and Account number and be sent to
‘American Express ADR c/o CT Corporation
‘System, 111 8th Ave., NY, NY 10011. If the claim
proceeds to arbitration, the amount of any relief
demanded in a claim notice will not be disclosed
to the arbitrator until after the arbitrator rules.
Mediation
In mediation, a neutral mediator helps parties
resolve a claim. The mediator does not decide
the claim but helps parties reach agreement.
Before beginning mediation, you or we must
first send a claim notice. Within 30 days after
sending or receiving a claim notice, you or we
may submit the claim to JAMS (1-800-352-5267,
jamsadr.com) or the American Arbitration
Association ("AAA") (1-800-778-7879, adr.org)
for mediation. We will pay the fees of the
mediator.
All mediation-related communications are
confidential, inadmissible in court and not
subject to discovery.
All applicable statutes of limitation will be tolled
until termination of the mediation. Either you or
we may terminate the mediation at any time.
The submission or failure to submit a claim to
mediation will not affect your or our right to elect
arbitration.
Arbitration
You or we may elect to resolve any claim by
individual arbitration. Claims are decided by a
neutral arbitrator.
Page 5 of 8
If arbitration is chosen by any party,
neither you nor we will have the right to
litigate that claim in court or have a jury
trial on that claim. Further, you and we
will not have the right to participate in a
representative capacity or as a member of
any class pertaining to any claim subject
to arbitration. Arbitration procedures are
generally simpler than the rules that apply
in court, and discovery is more limited. The
arbitrator's decisions are as enforceable
as any court order and are subject to very
limited review by a court. Except as set
forth below, the arbitrator's decision will
be final and binding. Other rights you or
we would have in court may also not be
available in arbitration.
Initiating Arbitration
Before beginning arbitration, you or we must.
first send a claim notice. Claims will be referred
to either JAMS or AAA, as selected by the
party electing arbitration. Claims will be
resolved pursuant to this Arbitration provision
and the selected organization's rules in effect
when the claim is filed, except where those
rules conflict with this Agreement. If we choose
the organization, you may select the other
within 30 days after receiving notice of our
selection. Contact JAMS or AAA to begin an
arbitration or for other information. Claims
also may be referred to another arbitration
organization if you and we agree in writing or
to an arbitrator appointed pursuant to section 5
of the Federal Arbitration Act, 9 U.S.C. §§ 1-16
(FAA).
We will not elect arbitration for any claim you
file in small claims court, so long as the claim
is individual and pending only in that court.
You or we may otherwise elect to arbitrate any
claim at any time unless it has been filed in
court and trial has begun or final judgment has
been entered.Either you or we may delay enforcing or not
exercise rights under this Arbitration provision,
including the right to arbitrate a claim, without
waiving the right to exercise or enforce those
rights.
Limitations on Arbitration
If either party elects to resolve a claim by
arbitration, that claim will be arbitrated on
an individual basis. There will be no right or
authority for any claims to be arbitrated on
a class action basis or on bases involving
claims brought in a purported representative
capacity on behalf of the general public, other
cardmembers or other persons similarly
situated.
The arbitrator's authority is limited to claims
between you and us alone. Claims may not be
Joined or consolidated unless you and we agree
in writing. An arbitration award and any judgment
confirming it will apply only to the specific case
and cannot be used in any other case except to
enforce the award.
Notwithstanding any other provision and without
waiving the right to appeal such decision, if any
portion of these Limitations on Arbitration is
deemed invalid or unenforceable, then the entire
Arbitration provision (other than this sentence) will
not apply.
Arbitration Procedures
This Arbitration provision is governed by the FAA.
The arbitrator will apply applicable substantive
law, statutes of limitations and privileges. The
arbitrator will not apply any federal or state
rules of civil procedure or evidence in matters
relating to evidence or discovery. Subject to the
Limitations on Arbitration, the arbitrator may
otherwise award any relief available in court. The
arbitration will be confidential, but you may notify
any government authority of your claim.
If your claim is for $10,000 or less, you may
choose whether the arbitration will be conducted
solely on the basis of documents, through a
telephonic hearing, or by an in-person hearing.
At any party's request, the arbitrator will provide
a brief written explanation of the award. The
arbitrator's award will be final and binding,
‘except for any right of appeal provided by the
FAA; however, any party will have 30 days to
appeal the award by notifying the arbitration
organization and all parties in writing. The
organization will appoint a three-arbitrator panel
to decide anew, by majority vote based on
written submissions, any aspect of the decision
objected to. Judgment upon any award may be
entered in any court having jurisdiction. At your
election, arbitration hearings will take place in
the federal judicial district of your residence.
Arbitration Fees and Costs
You will be responsible for paying your share
of any arbitration fees (including filing,
administrative, hearing or other fees), but only
up to the amount of the filing fees you would
have incurred if you had brought a claim in
court. We will be responsible for any additional
arbitration fees. At your written request, we
will consider in good faith making a temporary
advance of your share of any arbitration fees,
or paying for the reasonable fees of an expert
appointed by the arbitrator for good cause.
Additional Arbitration Awards
If the arbitrator rules in your favor for an amount
greater than any final offer we made before
arbitration, the arbitrator's award will include: (1)
any money to which you are entitled, but in no
case less than $6,000; and (2) any reasonable
attorneys’ fees, costs and expert and other
witness fees.
Your Right to Reject Arbitration
You may reject this Arbitration provision by
sending a written rejection notice to us at:
American Express, P.O. Box 981556, El Paso,
TX 79998, Go to americanexpress.com/reject
for a sample rejection notice. Your rejection
notice must be mailed within 45 days after your
first card purchase. Your rejection notice must
state that you reject the Arbitration provision
and include your name, address, Account
number and personal signature. No one else
may sign the rejection notice. If your rejection
notice complies with these requirements, this
Arbitration provision and any other arbitration
provisions in the cardmember agreements for
any other currently open American Express
accounts you have will not apply to you, except
for Corporate Card accounts and any claims
subject to pending litigation or arbitration at the
time you send your rejection notice. Rejection
of this Arbitration provision will not affect
your other rights or responsibilities under this
Claims Resolution section or the Agreement.
Rejecting this Arbitration provision will not
affect your ability to use your card or any other
benefit, product or service you may have with
your Account.
ion
This section will survive termination of your
Account, voluntary payment of your Account.
balance, any legal proceeding to collect a
debt, any bankruptcy and any sale of your
Account (in the case of a sale, its terms will
apply to the buyer of your Account). if any
portion of this Claims Resolution section,
except as otherwise provided in the Limitations
on Arbitration subsection, is deemed invalid
or unenforceable, it will not invalidate the
remaining portions of this Claims Resolution
section.
Billing Dispute Procedure
What To Do If You Find a Mistake on Your
Statement
If you think there is an error on your statement,
write to us at:
American Express
PO Box 981535
El Paso TX 79998-1535
In your letter, give us the following information:
Account information: Your name and account
number.
Dollar amount: The dollar amount of the
suspected error.
Description of problem: If you think there is an
error on your bill, describe what you believe is
wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your
statement.
At least 2 business days before an automated
payment is scheduled, if you want to stop
payment on the amount you think is wrong.
You must notify us of any potential errors in
writing. You may call us, but if you do we are not
required to investigate any potential errors and
you may have to pay the amount in question.
.
Version 997075
What Will Happen After We Receive Your
Letter
When we receive your letter, we will do two
things:
1. Within 30 days of receiving your letter, we will
tell you that we received your letter. We will
also tell you if we have already corrected the
error.
2. We will investigate your inquiry and will either
correct the error or explain to you why we
believe the bill is correct.
While we investigate whether or not there has
been an error:
We will not try to collect the amount in
question, nor report you as delinquent on
that amount.
The charge in question may remain on your
statement, and we may continue to charge
you interest on that amount.
While you do not have to pay the amount
in question, you are responsible for the
remainder of your balance.
We can apply any unpaid amount against
your credit limit.
Page 6 of 8
After we finish our investigation, one of two
things will happen:
© if we made a mistake: You will not have to
pay the amount in question or any interest
or other fees related to that amount.
if we do not believe there was a mistake:
You will have to pay the amount in question,
along with applicable interest and fees. We
will send you a statement of the amount you
‘owe and the date payment is due. We may
then report you as delinquent if you do not
pay the amount we think you owe.
If you receive our explanation but stil believe
your bill is wrong, you must write to us within
10 days telling us that you still refuse to pay. If
you do so, we will not report you as delinquent
without also reporting that you are questioning
your bill. We will tell you the name of anyone
to whom we reported you as delinquent, and
we will let those organizations know when the
matter has been settled between us.
.Your Agreement for Transferring Funds Electronically
This EFT Agreement is between American
Express Travel Related Services Company, Inc.
and you, once you enroll in an Electronic Funds.
Transfer Service of ours (service) such as
AutoPay, Pay By Computer, or Pay By Phone.
This replaces any previous agreement you may
have with us for the services.
Words we use in this agreement
In this EFT Agreement, you and your mean,
in addition to the Basic Cardmember, any
Additional Cardmembers who have enrolled in
the service. We, our, and us mean American
Express Travel Related Services Company,
Inc. Your card account means the American
Express card account. Your bank is the bank,
securities firm, or other financial institution that
holds your bank account. Your bank account
is the bank account you use to pay for any
transactions you make through the service.
Withdraw or withdrawal means an electronic
debit or deduction of funds from your bank
account. Our business days are Monday
through Friday, excluding holidays.
How Express Cash works
Express Cash enables you to withdraw cash
from your bank account at participating
automated teller machines (ATMs). If you enroll
in Express Cash, we will issue or allow you to
choose a Personal Identification Number (PIN).
You must use this PIN along with your card
when withdrawing cash from an ATM. Keep
your PIN confidential.
Each time you withdraw cash using Express
Cash, we will charge a fee of 3% of the amount
of the transaction or $5, whichever is more. The
amount of the transaction is the total of the:
¢ amount of the withdrawal or funds transfer,
amount of goods or services received, and
* any fee charged by the ATM operator or
network used for the withdrawal.
The amount of the transaction and the fee that
we charge will be withdrawn from your bank
account.
For each withdrawal made in a foreign currency,
we charge a fee of 2.7% of the converted U.S.
dollar amount of the transaction. This fee will be
withdrawn from your bank account. However,
we do not charge this fee for ATM withdrawals
made using cards issued on U.S. Consumer
or OPEN Platinum Card or Centurion Card
accounts. See Converting charges made in a
foreign currency in Part 2 of the Cardmember
Agreement.
Ifa transaction Is not honored by your bank, we
will charge the amount of the transaction and
a fee of $38 to your card account, or we may
collect them directly from you.
Limits on amounts and frequency of
withdrawals
We apply the following limits to the amount
that can be withdrawn in a 30-day period. In
addition, there is a limit of 7 withdrawals in a
single day (regardless of the dollar amount of
such withdrawals). The ATM operator may also
impose limits.
Plum Card® $3,000 in a 30-day period
Green Card $3,000 in a 30-day period
Gold Card $8,500 in a 30-day period
Exec. Bus. Card $8,500 in a 30-day period
Platinum Card® $10,000 in a 30-day period
Centurion® Card $10,000 in a 30-day period
Version 997075
You can get a receipt from the ATM each time
you withdraw money from your bank account
using Express Cash.
‘Your monthly statement for your card account
will show any Express Cash transactions in that
billing period.
AutoPay, Pay By Computer,
With these services, you can
payments to your card account. When you do
‘80, you allow us or our agent to draw a check on
or initiate an automated clearing house (ACH)
withdrawal from your bank account in the amount
you authorize,
If your bank returns a check or ACH withdrawal
unpaid the first time we submit it for payment, we
may cancel your right to use the service. Your
bank may charge you a fee if this happens.
How to stop AutoPay payments
The following terms do not apply to certain
AutoPay programs and options where a business
bank account is used for the transaction; and the
specific terms and conditions of those programs
and options will define any applicable notice and
cancelation terms:
(1) Ifyou have told us to make AutoPay
payments from your bank account, you can
stop any of these payments by calling us at
4-800-227-4669 or writing to American Express,
Electronic Funds Services, P.O. Box 981540, El
Paso, TX 79998-1540 in time for us to receive
your request at least 2 business days before the
payment is scheduled to be made.
(2) We will tell you, at least 10 days before each
payment, when it will be made and how much it
will be.
(3) If we receive your request to stop one of
these payments at least 2 business days before
the payment is scheduled to be made and we
do not stop it, we will be liable for your losses or
damages.
Unauthorized transactions
Tell us AT ONCE if you believe your card or
PIN has been lost, stolen or used without your
permission, or if you believe that a transaction
has been made without your permission. Calling
is the best way of keeping your possible losses
down. You could lose all the money in your
bank account (plus your maximum overdraft
line of credit, if applicable). If you tell us within 2
business days after you learn of the loss, theft or
unauthorized use of your card or PIN, you can
lose no more than $50 if someone used your
card or PIN without your permission.
If you do NOT tell us within 2 business days
after you leam of the loss or theft of your card or
PIN, and we can prove we could have stopped
someone from using your card or PIN without
your permission if you had told us, you could lose
as much as $500.
Tell us if you believe that someone has used
or may use your card or PIN to use the EFT
service without your permission. Call anytime
at 1-800-528-4800 (or 1-336-393-1111 collect,
if not in the U.S.). You may also write to us at
American Express, Electronic Funds Services,
P.O. Box 981532, El Paso, TX 79998-1532.
Improper transactions or payments
If we do not complete a transfer to or from your
bank account on time or in the correct amount,
according to this EFT Agreement, we will be
liable for your losses or damages.
Page 7 of 8
There are some exceptions. We are not liable:
© if, through no fault of ours, you do not have
enough money in your bank account;
© if the transfer would go over the credit limit on
any overdraft line you may have;
© ifthe ATM where you are making the transfer
does not have enough cash;
if the funds in your bank account
were subject to legal process or other
encumbrance that restricted the transaction;
© if circumstances beyond our control (such
as fire or flood) prevented the transaction,
despite our reasonable precautions; or
© if the terminal or system was not working
properly and you knew about the breakdown
when you started the transfer.
Privacy
We will disclose information to third parties
about your transactions:
when necessary for completing transactions;
to comply with government agency or court
orders; or
as stated in our Privacy Notice, which covers
your use of the services.
Arbitration
The Arbitration section, in Part 2 of the
Cardmember Agreement, applies to this EFT
Agreement and the services.
How to contact us about the services
You can call us at 1-800-IPAY-AXP for Pay By
Phone questions, at 1-800-528-2122 for Pay
By Computer questions, at 1-800-528-4800
for AutoPay questions, and at 1-800-CASH-
NOW for Express Cash questions. You may
also write to us at American Express, Electronic
Funds Services, P.O. Box 981531, E! Paso, TX
79998-1531.
In case of errors or questions
Ifyou think your statement or receipt is wrong,
or if you need more information about a
transaction on your statement or receipt, call
or write us as Soon as you can. We must hear
from you no later than 60 days after we sent the
FIRST statement on which the problem or error
appeared. If you do not contact us because of
certain circumstances (such as you are in the
hospital), we may extend the 60-day period for a
reasonable time. When you contact us:
tell us your name and account number.
describe the error or the transaction you are
unsure about. Explain as clearly as you can
why you believe it is an error or why you
need more information.
® tell us the amount of the suspected error.
Ifyou tell us orally, we may require that you
send us your complaint or question in writing
within 10 business days after you called us.
Within 10 business days after we hear from
you we will determine whether an error has
occurred. We will correct any error promptly.
However, if we need more time, we may take
up to 45 calendar days to investigate. If we do
take more time, we will credit your bank account
within 10 business days for the amount you
think is in error so that you will have use of the
funds during the time it takes to complete our
investigation.
If we ask you to put your complaint or question
in writing and we do not receive it within 10
business days, we may not credit your bank
account for the amount you question.
We will tell you the results within 3 business
days after completing our investigation. If wedecide that there was no error, we will send you a
written explanation. You may ask for copies of the
documents that we used in our investigation. If we
have credited your bank account and find no error,
‘we will tell you when
Preview
Case Number: CACE-18-000072 Division: 12 Filing # 65981390 E-Filed 01/02/2018 01:26:51 PM IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. DIVISION: AMERICAN EXPRESS BANK, FSB, Plaintiff, Vs. LEONARD GLANZ AKA LEN GLANZ Defendant(s) COMPLAINT The Plaintiff, AMERICAN EXPRESS BANK, FSB, (hereinafter “Plaintiff’) sues the Defendant(s), LEONARD GLANZ AKA LEN GLANZ (hereinafter “Defendant(s)”) and says: 1. Plaintiff is a federal savings bank organized under the laws of the United States of America, with a principal place of business in Salt Lake City, Utah. 2. That this is an action for damages that does exceed $15,000.00, exclusive of interest and court costs. BREACH OF CONTRACT 3. This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit A). 5. A record of the account statement is attached. See Exhibit B. 6. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account. 7. The Defendant(s) owes the Plaintiff $30,758.43. 8. Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/2/2018 1:26:49 PM.****WHEREFORE, Plaintiff demands judgment for damages plus costs against Defendant. ZWICKER & ASSOCIATES, P.C. /s/ Zoran D. Jovanovich, Esq. 0 ZORAN D. JOVANOVICH, ESQ. FLORIDA BAR #189730 C ERIKA DUCHARME, ESQ. FLORIDA BAR #0092360 OU PIERRE G. MINA, ESQ. FLORIDA BAR #078335 0 ROBERT G. DUNN, ESQ. FLORIDA BAR #100709 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection ATTORNEY FOR PLAINTIFF 700 W. HILLSBORO BLVD. BUILDING 2; SUITE 201 DEERFIELD BEACH, FL 33441 Phone: (954)481-0851 Fax: (954)481-0854 Email: SOUTHFLALITIGATION@ZWICKERPC.COMCardmember Agreement: Part 1 of 2 As of: 02/02/2016 The Business Platinum Card® Company Name:GLANZ TECHNOLOGIES | issuer: American Express Bank, FSB Cardmember Name: LEONARD GLANZ Account Ending In: 2am Fees Table Annual Membership Fee | $450 Transaction Fees » Foreign Transaction None Penalty Fees + Late Payment $38 or 2.99% of any past due Pay in Full amount, whichever is greater. + Retumed Payment $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. EXHIBIT A MS CM14£1A00000010 997075 997103 Page 1 of 2How Rates and Fees Work tle om ROL le alan See About Pay Over When the penalty APR will | The Penalty APR applies to Pay Over Time balances if: apply « you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which itis due 2 times in 12 billing periods, * you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Ciosing Date of the next billing period, or * your payment is retumed by your bank. How long the penalty APR | The penalty APR will apply until after you have made timely payments, with no retuned payments for co 12 — Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $300 for each additional Business Piatinum Card, $200 for each additional Executive Business Card, $75 for each additional Business Purchase Card, and $45 for each additional Business Gold Card. Late Payment $38 if you do not pay the Amount Due on a billing statement before the 20th day after the next Closing Date. Ue a ee eee Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additional fee in that same billing period of the greater of $38 or 2.99% of any past due Pay in Full amounts, For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the greater of $38 or 2.99% of any past due Pay in Full amounts. Your late fee will not exceed the Amount Due or any limit established by applicable law. Paying late may also resuit in a penalty APR. See When the penalty APR will apply above. Returned Payment $38 if your payment is retumed unpaid the first time we present it to your bank. A returned payment may aiso result in a penaity APR for Pay Over Time balances. See When the penalty APR will apply above. Retumed Check $38 if you use your card to cash a check at one of our approved locations and the check is retumed unpaid. We will also charge you the unpaid amount. Foreign Transaction None Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. (EEE CMAEUA0T0000010 997075 997103 Page 2 of 2FDR 997075 Cardmember Agreement: Part 2 of 2 How Your American Express Account Works Doc 27310 Introduction About your Cardmember Agreement Words we use in the Agreement Additional Cardmembers Replacement Basic Cardmember About using your card Using the card Promise to pay Declined transactions Version 997075 This document together with Part 1 make up the Cardmember Agreement (Agreement) for the Account identified on page 1 of Part 1. Any ‘supplements or amendments are also part of the Agreement. We, us, and our mean the issuer shown on page 4 of Part 1. Except as provided below, Basic Cardmember means the person who applied for this account or to whom we address billing statements. Company means the business for which the Account is established. You and your mean the Basic Cardmember and the Company. You agree, jointly and severally, to be bound by the terms of this Agreement. At your request, we may issue cards to Additional Cardmembers. They do not have accounts with us but they can use your Account subject to the terms of this Agreement. You are responsible for all use of the Account by Additional Cardmembers and anyone they allow to use the Account. You must pay for all charges they make. You must share this agreement with all Additional Cardmembers. You must tell Additional Cardmembers that: © we may obtain, provide and use information about them. « their use of the Account is subject to this Agreement. You must tell us if the Basic Cardmember is no longer an employee or officer of the Company or does not want to be the Basic Cardmember. In that case, you must either close the Account, or propose another person to replace the Basic Cardmember. If you propose another person to replace the Basic Cardmember, that person must agree to assume the You may use the card to make purchases. You may also use the card at an ATM to get cash froma checking account you designate. Each Cardmember acknowledges and agrees that cards are intended to be used for the Company's commercial or business purposes. We decide whether to approve a charge based on how you spend and pay on this Account and other accounts you have with us and our affiliates. We also consider your credit history and your personal resources that we know about. You may arrange for certain merchants to store your card number and expiration date, so that, for example: You promise to pay all charges, including: When you or an Additional Cardmember, as defined below, use the Account (or sign or keep a card), you agree to the terms of the Agreement. Card means any card or other device that we issue to access your Account. A charge is any amount added to your Account, such as purchases and fees. A purchase is a charge for goods or services. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date (see About your payments in Part 2). You authorize us to give Additional Cardmembers information about the Account and to discuss it with them, If you want to cancel an Additional Cardmember's right to use your Account (and cancel their card) you must tell us. We may refer to Additional Caras) and Additional Cardmember(s) as Employee Cards) and Employee Cardmember(s). All terms and conditions that apply to Additional Cards also apply to Employee Cards. obligations and liabilities of the Basic Cardmember under this Agreement, as of the date that such person replaces the Basic Cardmember. That person is subject to our approval. ‘You agree that the Basic Cardmember remains the Basic Cardmember until we approve a replacement or the Account is closed. © the merchant may charge your account at regular intervals; or you may make charges using that stored card information. ‘We may (but are not required to) tell these merchants if your expiration date or card number changes or if your account is cancelled. You must notify the merchants directly if you want them to stop charging your Account. Keep your card safe and don't let anyone else use it. If your card is lost or stolen or your Account is being used without your permission, contact us right away. You may not use your Account for illegal activities. © charges you make, even if you do not present your card or sign for the transaction, ‘© charges that other people make, whether or not you or an Additional Cardmember intend to let them use the Account, subject to applicable law, and © charges that Additional Cardmembers make or permit others to make. We may decline to authorize a charge. Reasons we may do this include suspected fraud and our assessment of your creditworthiness. This may occur even if your Account is not in default. Page 1 of 8 We are not responsible for any losses you incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card.About Pay Over Time features We may add features to the Account that allow you to pay certain charges over time. Ifyou enroll in the Extended Payment Option, we will automatically place all eligible charges into a Pay Over Time balance. A charge is eligible if it equals or is more than a certain dollar amount. We will tell you this amount when you enroll, and it is subject to change. We will tell you if we change it. Certain charges are not eligible, such as cash and similar transactions. We assign a Pay Over Time limit to your Account. We will not place any charge into a Pay Over Time balance if it causes the total of your Pay Over Time balances to go over your Pay Over Time limit. We may increase or decrease the Pay Over Time limit. We may do so even if you pay on time and your Account is not in default. Wee will tell you if we change that amount. You must pay in full upon receipt of your billing statement all charges that are not placed into a Pay Over Time balance. We may change which charges are eligible to be placed into a Pay Over Time balance. About your payments When you must pay Payment of the New Balance is due upon receipt of your statement. If a statement includes a Pay Over Time balance, it will show a Minimum Payment Due. In this case, you must pay at least the Minimum Payment Due by the Payment Due Date. Each ‘statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. Each statement also shows a Ciosing Date. The Closing Date is the last day of the billing period covered by the statement. Each Closing Date is about 30 days after the previous statement's Closing Date. Each statement also shows a Next Closing Date. How to make payments Make payments to us in U.S. dollars with: © asingle check drawn on a U.S. bank, or * asingle negotiable instrument clearable through the U.S. banking system, for example a money order, or * an electronic payment that can be cleared through the U.S. banking system. When making a payment by mail: ¢ make a separate payment for each Account, mail your payment to the address shown on the payment coupon on the billing statement, and * write the Account number on your check or negotiable instrument and include the payment coupon. If your payment meets the above requirements, we will credit it to the Account as of the day we receive it, as long as we receive it by the time disclosed in the billing statement. If we receive it after that time, we will credit the payment on the day after we receive it. If your payment does not meet the above requirements, there may be a delay in crediting the Account. This may result in late fees and additional interest charges (see How Rates and Fees Work on page 2 of Part 1). If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us to use a particular rate. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement, If a statement includes a Pay Over Time balance, it will show a Minimum Payment Due. The Minimum Payment Due is the Pay In Full New Balance plus the Pay Over Time Minimum Due. If you have a Pay Over Time balance, we generally apply payments—up to the Minimum Payment Due-first to the Pay Over Time Minimum Due and then to the Pay In Full New Balance. When applying a payment to the Pay Over Time Minimum Due, we apply it first to the balance with the lowest interest rate and then to balances with higher interest rates. After the Minimum Payment Due has been paid, we apply payments to the remaining Pay Over Time balance. When we do this, we apply payments first to the balance with the highest interest rate and then to balances with lower interest rates, How we apply payments and credits In most cases, we apply a credit to the same balance as the related charge. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. About your Minimum Payment Due The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. To calculate the Pay Over Time Minimum Due for each statement, we start with the higher of: (1) interest charged on the statement plus 1% of the Pay Over Time New Balance (excluding interest ‘on the statement); or (2) $35. Then we round to the nearest dollar and add any Pay Over Time amount past due. Your Pay Over Time Minimum Due will not exceed your Pay Over Time New Balance. You may pay more than the Minimum Payment Due, up to your entire ‘outstanding balance, at any time. How we calculate your Minimum Payment Due Version 997075 Page 2 of 8About interest charges When we charge interest How we calculate interest We charge interest on these transactions beginning on their transaction date until they are paid. However, we will not charge interest on these transactions during a billing period if: * your Pay Over Time Previous Balance for the billing period is zero; or * you paid the Account Total Previous Balance for each of the previous two billing periods in full by the closing date shown on their respective statements. We calculate interest for a billing period by first calculating interest on each balance within each feature. Balances within each feature-such as Sign & Travel and Extended Payment Option-may have different interest rates. We use the Average Daily Balance method (including new transactions) to calculate interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged ‘on each balance. Interest The interest charged for a balance in a billing period, except for variations caused by rounding, equals: © Average Daily Balance (ADB) x © Daily Periodic Rate (DPR) x number of days the DPR was in effect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. If the daily balance is negative, we treat it as zero. DPR ADPR is 1/365th of an APR, rounded to one tenthousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 1. Daily Balance For each day a DPR is in effect, we calculate the daily balance by: ® taking the beginning balance for the day, © adding any new charges, subtracting any payments or credits; and © making any appropriate adjustments. We add a new charge to a daily balance as of its transaction date. Beginning balance For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of calculating the beginning balance results in daily compounding of interest. When an interest rate changes, the new DPR may come into effect during-not just at the beginning of- the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get the beginning balance on the first day for this new balance, we multiply the previous day's dally balance by the old DPR and add the result to that day's daily balance. Other methods To calculate the ADB and interest charges, we may use other formulas or methods that produce equivalent results, Also, we may choose not to charge interest on certain types of charges. Determining the Prime Rate We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing period, The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. Other important information Changing the Agreement We may change the terms of, or add new terms to, this Agreement. We may apply any changed or new terms to any existing and future balances on the Account, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be contradicted by any alleged oral agreement. Converting charges made ina foreign currency If you make a charge in a foreign currency, we will convert it into U.S. dollars on the date we or our agents process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us for that date. The rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use. Changing your billing address Version 997075, You must notify us immediately if you change the: ‘* mailing address, email address, telephone numbers, or fax numbers that we use to send you billing statements, notices or other communications. © legal entity of the Company. © tax identification number. Page 3 of 8Closing your Account You may instruct us to close the Account by calling us or writing to us. The Basic Cardmember agrees to inform the Company prior to instructing us to do so. The Basic Cardmember and the Company remain jointly and severally liable for all Charges made on the Account. Cancelling or suspending your Account About default Collection costs We may: © cancel your Account, © suspend the ability to make charges, © cancel or suspend any feature on your Account, and notify merchants that your Account has been cancelled or suspended. If we do any of these, you must still pay us for all charges under the terms of this Agreement. We may consider your Account to be in default if: © you violate a provision of this Agreement, you give us false information, you file for bankruptcy, you default under another agreement you have with us or an affiliate, © you become incapacitated or die, or we believe you are unable or unwilling to pay your debts when due. We may do any of these things at our discretion, even if you pay on time and your Account is not in default. Hf your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after a cancellation. If we do this, we may: * reinstate any additional cards issued on your Account, © charge you any applicable annual fees, and charge you a fee for reinstating the Account. If we consider your Account in default, we may: suspend your ability to make charges, cancel or suspend any feature on your Account, © cancel the Account and require you to pay the Account balance immediately. require you to pay more than your Minimum, Payment Due immediately. You agree to pay all reasonable costs, including attomeys' fees, that we incur to collect amounts you owe or to. protect ourselves from loss, harm or risk relating to default. Credit reports You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income. And you agree that we will use such information for any purposes, subject to applicable law. You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your credit report. If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the specific information you believe is incorrect. Sending you notices We send you notices through the U.S. mail (postage prepaid) or electronically using the information in our records. Any notice we send you is deemed given when deposited in the U.S. mail or when sent electronically. Additionally, we may send notices and information to Additional Cardmembers at their request. We may contact you Servicing and collections If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors) to contact you at any number you provide, from which you call us, or at which we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it. Call monitoring We may monitor and record any calls between you and us. About insurance products We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee, One of our affiliates may act on behalf of a provider of these products, The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about. We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information. How we handle electronic debits from your checking account ExpressPay If we do this, your payment may be deducted from your bank or other asset account on the same day we receive your check. Also, you will not receive that cancelled check with your bank or asset account billing statement. When you pay us by check, you authorize us to electronically deduct the amount from your bank or other asset account. We may process the check electronically by transmitting to your financial institution: © the amount, © the routing number, @ the account number, and ® the check serial number. Cards issued on the Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. If we cannot collect the funds electronically, we may issue a draft against your bank or other asset account for the amount of the check. Version 997075 Page 4 of 8Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Changing the benefits We have the right to add, modify or delete any benefit, service, or feature of the Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying you. You may not sell, assign or transfer the Account or any of your obligations under this Agreement. Assigning claims Ifyou dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You and any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And you and any Additional Cardmembers must cooperate with us if we decide to do so. We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and the Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this Agreement with you in Utah. Notice to Oregon Residents Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, You may pay more than the minimum payment due, up to your entire outstanding balance, at any time. Notice for residents of Washington State In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's. delay in posting such credit, or our failure to post such credit to your account within three working days of our receipt of the credit. Claims Resolution Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first card purchase. See Your Right to Reject Arbitration below. For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and (4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to card membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer acclaim. Before beginning a lawsuit, mediation or Version 997075 arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to americanexpress.con/ claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to ‘American Express ADR c/o CT Corporation ‘System, 111 8th Ave., NY, NY 10011. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules. Mediation In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778-7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration. Arbitration You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Page 5 of 8 If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. Initiating Arbitration Before beginning arbitration, you or we must. first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Limitations on Arbitration If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other cardmembers or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be Joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. Arbitration Procedures This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, ‘except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. Arbitration Fees and Costs You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Additional Arbitration Awards If the arbitrator rules in your favor for an amount greater than any final offer we made before arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $6,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees. Your Right to Reject Arbitration You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998, Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your card or any other benefit, product or service you may have with your Account. ion This section will survive termination of your Account, voluntary payment of your Account. balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account). if any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section. Billing Dispute Procedure What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: American Express PO Box 981535 El Paso TX 79998-1535 In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 2 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. . Version 997075 What Will Happen After We Receive Your Letter When we receive your letter, we will do two things: 1. Within 30 days of receiving your letter, we will tell you that we received your letter. We will also tell you if we have already corrected the error. 2. We will investigate your inquiry and will either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We will not try to collect the amount in question, nor report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Page 6 of 8 After we finish our investigation, one of two things will happen: © if we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. if we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you ‘owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but stil believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we will not report you as delinquent without also reporting that you are questioning your bill. We will tell you the name of anyone to whom we reported you as delinquent, and we will let those organizations know when the matter has been settled between us. .Your Agreement for Transferring Funds Electronically This EFT Agreement is between American Express Travel Related Services Company, Inc. and you, once you enroll in an Electronic Funds. Transfer Service of ours (service) such as AutoPay, Pay By Computer, or Pay By Phone. This replaces any previous agreement you may have with us for the services. Words we use in this agreement In this EFT Agreement, you and your mean, in addition to the Basic Cardmember, any Additional Cardmembers who have enrolled in the service. We, our, and us mean American Express Travel Related Services Company, Inc. Your card account means the American Express card account. Your bank is the bank, securities firm, or other financial institution that holds your bank account. Your bank account is the bank account you use to pay for any transactions you make through the service. Withdraw or withdrawal means an electronic debit or deduction of funds from your bank account. Our business days are Monday through Friday, excluding holidays. How Express Cash works Express Cash enables you to withdraw cash from your bank account at participating automated teller machines (ATMs). If you enroll in Express Cash, we will issue or allow you to choose a Personal Identification Number (PIN). You must use this PIN along with your card when withdrawing cash from an ATM. Keep your PIN confidential. Each time you withdraw cash using Express Cash, we will charge a fee of 3% of the amount of the transaction or $5, whichever is more. The amount of the transaction is the total of the: ¢ amount of the withdrawal or funds transfer, amount of goods or services received, and * any fee charged by the ATM operator or network used for the withdrawal. The amount of the transaction and the fee that we charge will be withdrawn from your bank account. For each withdrawal made in a foreign currency, we charge a fee of 2.7% of the converted U.S. dollar amount of the transaction. This fee will be withdrawn from your bank account. However, we do not charge this fee for ATM withdrawals made using cards issued on U.S. Consumer or OPEN Platinum Card or Centurion Card accounts. See Converting charges made in a foreign currency in Part 2 of the Cardmember Agreement. Ifa transaction Is not honored by your bank, we will charge the amount of the transaction and a fee of $38 to your card account, or we may collect them directly from you. Limits on amounts and frequency of withdrawals We apply the following limits to the amount that can be withdrawn in a 30-day period. In addition, there is a limit of 7 withdrawals in a single day (regardless of the dollar amount of such withdrawals). The ATM operator may also impose limits. Plum Card® $3,000 in a 30-day period Green Card $3,000 in a 30-day period Gold Card $8,500 in a 30-day period Exec. Bus. Card $8,500 in a 30-day period Platinum Card® $10,000 in a 30-day period Centurion® Card $10,000 in a 30-day period Version 997075 You can get a receipt from the ATM each time you withdraw money from your bank account using Express Cash. ‘Your monthly statement for your card account will show any Express Cash transactions in that billing period. AutoPay, Pay By Computer, With these services, you can payments to your card account. When you do ‘80, you allow us or our agent to draw a check on or initiate an automated clearing house (ACH) withdrawal from your bank account in the amount you authorize, If your bank returns a check or ACH withdrawal unpaid the first time we submit it for payment, we may cancel your right to use the service. Your bank may charge you a fee if this happens. How to stop AutoPay payments The following terms do not apply to certain AutoPay programs and options where a business bank account is used for the transaction; and the specific terms and conditions of those programs and options will define any applicable notice and cancelation terms: (1) Ifyou have told us to make AutoPay payments from your bank account, you can stop any of these payments by calling us at 4-800-227-4669 or writing to American Express, Electronic Funds Services, P.O. Box 981540, El Paso, TX 79998-1540 in time for us to receive your request at least 2 business days before the payment is scheduled to be made. (2) We will tell you, at least 10 days before each payment, when it will be made and how much it will be. (3) If we receive your request to stop one of these payments at least 2 business days before the payment is scheduled to be made and we do not stop it, we will be liable for your losses or damages. Unauthorized transactions Tell us AT ONCE if you believe your card or PIN has been lost, stolen or used without your permission, or if you believe that a transaction has been made without your permission. Calling is the best way of keeping your possible losses down. You could lose all the money in your bank account (plus your maximum overdraft line of credit, if applicable). If you tell us within 2 business days after you learn of the loss, theft or unauthorized use of your card or PIN, you can lose no more than $50 if someone used your card or PIN without your permission. If you do NOT tell us within 2 business days after you leam of the loss or theft of your card or PIN, and we can prove we could have stopped someone from using your card or PIN without your permission if you had told us, you could lose as much as $500. Tell us if you believe that someone has used or may use your card or PIN to use the EFT service without your permission. Call anytime at 1-800-528-4800 (or 1-336-393-1111 collect, if not in the U.S.). You may also write to us at American Express, Electronic Funds Services, P.O. Box 981532, El Paso, TX 79998-1532. Improper transactions or payments If we do not complete a transfer to or from your bank account on time or in the correct amount, according to this EFT Agreement, we will be liable for your losses or damages. Page 7 of 8 There are some exceptions. We are not liable: © if, through no fault of ours, you do not have enough money in your bank account; © if the transfer would go over the credit limit on any overdraft line you may have; © ifthe ATM where you are making the transfer does not have enough cash; if the funds in your bank account were subject to legal process or other encumbrance that restricted the transaction; © if circumstances beyond our control (such as fire or flood) prevented the transaction, despite our reasonable precautions; or © if the terminal or system was not working properly and you knew about the breakdown when you started the transfer. Privacy We will disclose information to third parties about your transactions: when necessary for completing transactions; to comply with government agency or court orders; or as stated in our Privacy Notice, which covers your use of the services. Arbitration The Arbitration section, in Part 2 of the Cardmember Agreement, applies to this EFT Agreement and the services. How to contact us about the services You can call us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, at 1-800-528-4800 for AutoPay questions, and at 1-800-CASH- NOW for Express Cash questions. You may also write to us at American Express, Electronic Funds Services, P.O. Box 981531, E! Paso, TX 79998-1531. In case of errors or questions Ifyou think your statement or receipt is wrong, or if you need more information about a transaction on your statement or receipt, call or write us as Soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. If you do not contact us because of certain circumstances (such as you are in the hospital), we may extend the 60-day period for a reasonable time. When you contact us: tell us your name and account number. describe the error or the transaction you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information. ® tell us the amount of the suspected error. Ifyou tell us orally, we may require that you send us your complaint or question in writing within 10 business days after you called us. Within 10 business days after we hear from you we will determine whether an error has occurred. We will correct any error promptly. However, if we need more time, we may take up to 45 calendar days to investigate. If we do take more time, we will credit your bank account within 10 business days for the amount you think is in error so that you will have use of the funds during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your bank account for the amount you question. We will tell you the results within 3 business days after completing our investigation. If wedecide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have credited your bank account and find no error, ‘we will tell you when