Filing 30768436 E?Filed 08/12/2015 11:23:04 AM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA AMERICAN EXPRESS BANK, FSB, A CASE N0.: 2015 CA 001872 Federal Savings Bank, Plaintiff, V. PREVACUS, INC, and JACOB VANLANDINGHAM, Defendants. COMPLAINT Plaintiff, AMERICAN EXPRESS BANK, FSB, A Federal Savings Bank, sues the Defendants, PREVACUS, INC, and JACOB VANLANDINGHAM and alleges: JURISDICTION AND PARTIES 1. This is an action for damages for an amount exceeding $15,000, to wit: $52,070.05 exclusive of court costs and attorneys' fees. 2. Plaintiff, AMERICAN EXPRESS BANK, FSB, A Federal Savings Bank, (hereinafter referred to as "Plaintiff"), is incorporated under the United States Law as a federal savings bank and is duly licensed and authorized to engage and is engaged in the doing of business by virtue of the laws and regulations of the State of Florida. 3. Defendant, PREVACUS, INC (hereinafter referred to as "Defendant"), is an active Florida corporation licensed to do and is doing business in Leon County, Florida. 4. Defendant, JACOB VANLANDINGHAM, (hereinafter referred to as "Defendant"), is a resident of Leon County, Florida, is an individual over the age of eighteen (18), years of age, upon information and belief is not in the military and is otherwise sui juris. 5. This court has jurisdiction over the parties pursuant to Florida Statutes, and venue is appropriate. GENERAL ALLEGATIONS 6. Defendants entered into a written contract with Plaintiff wherein Defendants was issued an American Express "Business Gold Rewards" Credit Card (hereinafter referred to as the "Card") for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts and uses the Card (hereinafter "Contract"). 7. Defendants received a copy of the applicable Card Agreement (as hereinafter defined), containing all the "Terms and Conditions" for use of the Card. By doing so, Defendants, agreed to the Terms and Conditions set forth in the Card Agreement, by virtue of Defendants? receipt of and use of the Card. 8. Per the terms of the Card Agreement, Defendants further agreed to be responsible/liable for all charges, including charges incurred by additional cardmembers on this account irrespective of whether Defendants or the additional cardmember signed a charge form or presented the Card. The cardmember further agreed to pay any charge incurred by anyone that the cardmember or additional cardmember let use the card. Attached hereto and incorporated hereinafter as Exhibit is a true and correct copy of the Card Agreement, (hereinafter "Card Agreement"). 9. Defendants has failed and continues to refuse to pay for all charges. 10. All conditions precedent to this action have been performed, have occurred, or have been waived. LUNLI BREACH OF CONTRACT 11. Plaintiff incorporates paragraphs 1 through 10 as though fully set forth herein at. length. 12. Beginning in MARCH of 2014, Defendants entered into the Contract for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts and uses the Card at Defendants? specific request. Exhibit is a true and correct copy of the applicable Card Agreement. 13. Plaintiff provided Defendants with the Card and Defendants incurred charges on the Card, the remaining principal of which is now due and owing. 14. Defendants has failed and refused to pay Plaintiff the sum of $52,070.05 although demand for payment has been made. There is now due, owing, and unpaid from Defendants to Plaintiff the sum of $52,070.05 from May 15 2015. Attached hereto and incorporated hereinafter as Exhibit is a true and correct copy of the Card statement with the closing date of May 15, 2015. 15. Defendants breached the Terms and Conditions of the Contract by failing to repay the sum due thereunder. The total sum that Defendants owes Plaintiff is $52,070.05. WHEREFORE, Plaintiff demands judgment for damages against Defendants in the amount of $52,070.05, together with court costs. QOLNTJI PLEAD IN THE ALTERNATIVE QUANTUM MERUIT 16. Plaintiff incorporates paragraphs 1 through 4, 8, and 9, as though fully set forth herein at length. 17. Beginning in MARCH of 2014, Plaintiff provided Defendants with the Card at Defendants? specific request and Defendants incurred charges on the Card. 18. At all times material hereto, Defendants was aware that Defendants became indebted to Plaintiff in the sum of $52,070.05 for the money delivered by the Plaintiff to the Defendants as a result of Defendants? specific request. No part of said sum has been paid, although demand for payment has been made. There is now due, owing and unpaid, the sum of $52,070.05 demanded on May 15 2015. Attached hereto and incorporated hereinafter as Exhibit is a true and correct copy of the Card statement with the closing date of May 15, 2015. 19. The sum provided to Defendants by Plaintiff is $52,070.05, but the Defendants have refused to pay $52,070.05. 20. Defendants have been unjustly enriched by Virtue of the foregoing. WHEREFORE, Plaintiff demands judgment for damages against Defendants in the amount of $52,070.05, together With court costs. CORDOBA ASSOCIATES, P.A. Attorneys for Plaintiff 1551 Sawgrass Corporate Parkway, Suite 110 Sunrise, FL 33323 Telephone: 75 4?300? 105 8 Facsimile: 954?846?2224 Primary E-mail: cordoba@cordobalaW.com BY: 5/ Dara Paulsen, Esq. Florida Bar No.: 115560 Dated: AUGUST 12, 2015 EXHIBIT A Business Gold Rewards Card Issuer: American Express Bank, FSB Fees Table Fees Annual Merhmbesip Fee Cardmember Agreement: Part 1 of 2 As of: 03/06/2014 Company INC Cardmember Name: JACOB VANLANDINGHAM Account Ending In:- $0 for the first year, then $175 I Transaction Fees - Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees - Late Payment - Returned Payment $35 or 2.99% of any past due Pay in Full amount, whichever is greater. $35 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Page 1 of 2 How Rates and Fees Work Rates for Pay Over' Time-balances .- When the penalty APR will apply . See. About Pay Over Time features in Part-2 of this Agreement. The penalty APR applies to Pay Over Time balances ifleast the Minimum Payment Due by the Closing Date of the billing period in which it is due 2 times in 12 billing periodsleast the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Closing Date of the next billing period, or - your payment is returned by your bank. How long the penalty APR will apply Fees - Annual Membership The penalty APR will apply until after you have made timely payments with no returned payments for 12 billing periods in a row. This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $50 for the first Aadditionl I Gold Card and no annual membership fee for each Additional Gold Card thereafter. The maximum number of Additional Cards on an Account is 99. Late Payment $35 if you do not pay the Amount Due on a billing statement before the 10th day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additional fee in that same billing period of the greater of $35 or 2.99% of any 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 $35 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 result in a penalty APR. See When the penalty APR will apply above. Returned Payment $35 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a penalty APR for Pay Over Time balances. See When the penalty APR will apply above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting charges made in a foreign currency. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. Page 2 of 2 27829 Detail of Changes to Your Account Terms The terms of the account referenced in or with this notice are subject to change in accordance with the Cardmember Agreement and the Insurance Policies undenlvritten by AMEX Assurance Company (collectively, the "Agreements"). This notice formally amends the Agreements as described below. Any terms in the Agreements conflicting with these changes is replaced fully and completely. Terms not changed by this notice remain in full force and effect. We encourage you to read this notice, share it with Additional Card members on your account, and file it for future reference. If you have any questions about these changes, please call the number on the back of your Card. Late Payment Fee and Returned Payment Fee Effective June 6, 2014: - The Penalty Fees row contained in the Fees Table of Part 1 of the Cardmember Agreement is modified by deleting all references to $35 and replacing them with $37. - The Late Payment row contained in the How Rates and Fees Work section of Part 1 of the Cardmember Agreement is modified by deleting all references to $35 and replacing them with $37. - The Returned Payment row contained in the How Rates and Fees Work section of Part 1 of the Cardmember Agreement is modified by deleting all references to $35 and replacing them with $37. Credit Reports Effective immediately, we are amending the Credit Reports section contained in Part 2 of your Cardmember Agreement by adding at the end of the first sentence, "including information to verify and re-verify your employment and income." Notice of Change to Your AMEX Assurance Company Policies We are making Important Changes to your insurance policies ("Policies") unden/vritten by AM EX Assurance Company. Applicable for Residents of Colorado Effective January 1, 2014, all definitions, terms and provisions within the Policies wherever appearing and denoting a marital relationship or family relationship arising out of marriage will include parties to a civil union established in the State of Colorado according to Colorado law and their families. The terms that mean or refer to family relationships arising from a marriage, such as "family immediate family", "dependent", "children next of kin relative", "beneficiary survivor" and any other such terms include family relationships created by a civil union established according to Colorado law. AEREG1013CO Applicable for Residents of Vermont for Purchase Protection and Extended Warranty Effective immediately, the Termination or Cancellation section is replaced with the following: We may cancel this policy only for the reasons stated in this condition by notifying you in writing of the date cancellation takes effect. This cancellation notice may be delivered to you, or mailed by certified mail to you at your mailing address shown in the Declarations except that in the case of cancellation for non-payment of premium, the cancellation notice will be by certified mail or certificate of mailing. Proof of mailing will be sufficient proof of notice. 1) When you have not paid the premium, or there is a substantial increase in hazard, we may cancel at any time by notifying you at least 15 days before the date cancellation takes effect. (2) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying you at least 45 days before the date cancellation takes effect. (3) When this policy has been in effect for 60 days or more or at any time if it is a renewal with us, we may cancel for one or more of the following reasons: Non-payment of premium or substantial increase in hazard provided that in the case of substantial increase in hazard, we have secured approval for the cancellation from the commissioner of insurance. This can be done by notifying you 15 days before the date cancellation takes effect; or Fraud or material misrepresentation affecting the policy or in the presentation of a claim, or violation of any provisions of the policy. This can be done by letting you know 45 days before the date cancellation takes effect. (4) When this policy is written for a period of more than one year, we may cancel for any reason at anniversary by letting you know at least 45 days before the date cancellation takes effect. Nonrenewal: We may elect not to renew this policy. We may do so by delivering to you, or mailing by certified mail to you at your mailing address shown in the Declarations, written notice at least 45 days before the expiration date of this policy. Proof of mailing will be sufficient proof of notice. This condition does not apply: a. If we have manifested our willingness to renew; or b. In the case of non-payment of premium; or c. If you fail to pay any advance premium required by us for renewal; or d. If any insured property designated in the policy is insured under any other insurance policy. Renewal Of The Policy: a. If we elect to renew this policy and have the necessary information to issue the renewal policy, we will confirm in writing at least 45 days prior to the expiration our intention to renew the policy and confirm the premium at which the policy is to be renewed. b. If we do not comply with the conditions set forth in the above paragraph, you will be granted renewal coverage at the rate or premium in effect on the expiration date, which has been approved by the Commissioner. This will be done on a pro rata basis and will continue for 45 days after his company confirms renewal coverage and premium. This provision will not apply if you accept the renewal policy. RDR1-VT 10/12 Car Rental Loss and Damage Insurance Policy Effective immediately, the collect phone number for filing a claim will be 216-617-2500. Alabama, Delaware, District of Columbia, Florida, Georgia, Hawaii, Indiana, Kansas, Maryland, Minnesota, Montana, New Mexico, Ohio, Oregon, Puerto Rico, Texas, U.S. Virgin Islands and Wyoming: CRLDIEND1113 These changes become effective whether or not you receive a billing statement. You should carefully review the changes, share it with any Additional Cardmembers on your Account, and then keep this Notice for future reference. If you have questions regarding this Notice, please call the telephone number listed on the back of your American Express? Card. Cardmember Agreement: Part 2 of 2 How Your American Express Account Works DOC 27310 Introduction About your Cardmember Agreement This document together with Part 1 make up the Cardmember Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you or an Additional Cardmember, as defined below, use the Account (or sign or keep a card), you agree to the terms of the Agreement. Words we use in the Agreement We, us, and our mean the issuer shown on page 1 of Part 1. Except as provided below, Basic Cardmembermeans the person who applied for this account or to whom we address billing standards. 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. 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). Additional Cardmembers 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: 0 we may obtain, provide and use information about them. 0 their use of the Account is subject to this Agreement. You authorize us to give Additional Cardmembers information about the Account and to discuss it with them. If you want to cancel an Additional Cardmember's right to use your Account (and cancel their card) you must tell us. We may refer to Additional Card(s) and Additional Cardmember(s) as Employee Card(s) and Employee Cardmember(s). All terms and conditions that apply to Additional Cards also apply to Employee Cards. Replacement Basic Cardmember You must tell us if the Basic Cardmember is no longer an employee or officer of the Company or does not want to be the Basic Cardmember. In that case, you must either close the Account, or propose another person to replace the Basic Cardmember. If you propose another person to replace the Basic Cardmember, that person must agree to assume the obligations and liabilities of the Basic Cardmember under this Agreement, as of the date that such person replaces the Basic Cardmember. That person is subject to our approval. You agree that the Basic Cardmember remains the Basic Cardmember until we approve a replacement or the Account is closed. About using your card Using the card You may use the card to make purchases. You may also use the card at an ATM to get cash from a checking account you designate. Each Cardmember acknowledges and agrees that cards are intended to be used for the Company's commercial or business purposes. We decide whether to approve a charge based on how you spend and pay on this Account and other accounts you have with us and our affiliates. We also consider your credit history and your personal resources that we know about. You may arrange for certain merchants to store your card number and expiration date, so that, for example: a the merchant may charge your account at regular intervals; or a 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. Promise to pay You promise to pay all charges, including: charges you make, even if you do not present your card or sign for the transaction, 0 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. Declined transactions 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. 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. Page 1 of8 About Pay Over Time features We may add features to the Account that allow you to pay certain charges over time. If you 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. We 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 Closing Date. The Closing Date is the last day of the billing period covered by the statement. Each Closing Date is about 30 days after the previous statement's Closing Date. How to make payments Make payments to us in US. dollars with: a single check drawn on a US. bank, or a single negotiable instrument clearable through the US. banking system, for example a money order, or an electronic payment that can be cleared through the US. banking system. When making a payment by mail: 0 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. How we apply payments and credits If a statement includes a Pay Over Time balance, it will show a Minimum Payment Due. The Minimum Payment Due is the Pay In Full New Balance plus the Pay Over Time Minimum Due. 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. 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 How we calculate 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. Page 2 of8 About interest charges When we charge 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: 0 your Pay Over Time Previous Balance for the billing period is zero; or 0 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. How we calculate interest 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: 0 Average Daily Balance (ADB) 0 Daily Periodic Rate (DPR) 0 number of days the DPR was in effectbalance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. If the daily balance is negative, we treat it as zero. DPR A DPR is 1/365th of an APR, rounded to one tenthousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 1. Daily Balance For each day a DPR is in effect, we calculate the daily balance by: 0 taking the beginning balance for the day, 0 adding any new charges, 0 subtracting any payments or credits; and 0 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-notjust at the beginning of- the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get the beginning balance on the first day for this new balance, we multiply the previous day's daily balance by the old DPR and add the result to that day's daily balance. Other methods To calculate the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. Determining the Prime Rate We use the Prime Rate from the Money Rates section (or successor section) of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing period. The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. 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 in a foreign currency If you make a charge in a foreign currency, we will convert it into US. 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 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. 0 legal entity of the Company. 0 tax identification number. Page 3 of8 Closing your Account You may instruct us to close the Account by calling The Basic Cardmember and the Company remain us or writing to us. The Basic Cardmember agrees jointly and severally liable for all Charges made on the to inform the Company prior to instructing us to do Account. so. Cancelling or suspending your We may: We may do any of these things at our discretion, even Account . cancel your Account if you pay on time and your Account is not in default. 0 suspend the ability to make charges, . cancel or suspend any feature on your Account, If your Account Is cancelled, you must destroy your and cards. notify merchants that your Account has been We may agree to reinstate your Account after a cancelled or suspended. cancellation. If we do this, we may: If we do any Of these, you must Sti? pay ?3 for all 0 reinstate any additional cards issued on your charges under the terms of this Agreement. Account, 0 charge you any applicable annual fees, and 0 charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default, we may: 0 you violate a provision of this Agreement, 0 suspend your ability to make charges, 0 you give us false information, cancel or suspend any feature on your Account, you file for bankruptcy, cancel the Account and require you to pay the 0 you default under another agreement you have Account balance immediately. with us or an affiliate, 0 require you to pay more than your Minimum 0 you become incapacitated or die, or Payment Due immediately. 0 we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe or to protect ourselves from loss, harm or risk relating to default. Credit reports You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources. 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, PO. 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 US. 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 When you pay us by check, you authorize us to If we do this, your payment may be deducted from electronically deduct the amount from your bank or your bank or other asset account on the same day other asset account. we receive your check. Also, you will not receive that We may process the check electronically by cerlcelledtcheck with your bank or asset account billing a emen . transmitting to your financial institution: 0 the amount, 0 the routing number, 0 the account number, and the check serial number. 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. ExpressPay Cards issued on the Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. Page 4 of8 Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Changing the benefits We have the right to add, modify or delete any benefit, service, or feature of the Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying you. You may not sell, assign or transfer the Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us 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 Agreementwith 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 any account created under any of the agreements, or any balances on any such account, advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, benefits and services related to card membership (including fee-based or free benefit programs, enrollment services and rewards programs) and your application for any account. You may not sell, assign or transfer a claim. Sending a Claim Notice Before beginning a lawsuit, mediation or 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 americanexpresscoml 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 ln 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, jamsadrcom) or the American Arbitration Association (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 of8 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 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 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 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 $5,000; 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, PO. Box 981556, El Paso, TX 79998. Go to americanexpress.comlreject 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. Continuation 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: 0 Account information: Your name and account number. 0 Dollar amount: The dollar amount of the suspected error. 0 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: 0 Within 60 days after the error appeared on your statement. 0 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. What Will Happen After We Receive Your Letter When we receive your letter, we will do two things: 1. Within 30 days of receiving your letter, we will tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we will either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: 0 We will not try to collect the amount in question, nor report you as delinquent on that amount. 0 The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 0 While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 0 We can apply any unpaid amount against your credit limit. 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. 0 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 still 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 willnot 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. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Page 6 of8 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 con?den?al Each time you withdraw cash using Express Cash, we will charge a fee of 3% of the amount of the transaction or whichever is more. The amount of the transaction is the total of the: 0 amount of the withdrawal or funds transfer, 0 amount of goods or services received, and 0 any fee charged by the ATM operator or network used for the withdrawal. You can get a receipt from the ATM each time you withdraw money from your bank account using Express Cash. For each withdrawal made in a foreign currency, we charge a fee of 2.7% of the converted US. dollar amount. However, we do not charge this fee for ATM withdrawals made using cards issued on US. Consumer or OPEN Platinum Card or Centurion Card accounts. See Converting chargesmade in a foreign currency in Part 2 of the Card member Agreement. If a transaction is not honored by your bank, we will charge the amount of the transaction and a fee of $38 to your card account, or we may collect them directly from you. Limits on withdrawals We apply the following limits to withdrawals. The ATM operator may also impose 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 Platinum Card? Centurion? Card $8,500 in a 30-day period $10,000 in a 30-day period $10,000 in a 30-day period AutoPay, Pay By Computer, Pay By Phone With these services, you can initiate electronic payments to your card account. When you do so, you allow us or our agent to draw a check on or initiate an automated clearing house (ACH) withdrawal from your bank account in the amount you authorize. Version 996890 If your bank returns a check or ACH withdrawal unpaid the fi 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) If you have told us to make AutoPay payments from your bank account, you can stop any of these payments by calling us at 1-800-227?4669 or writing to American Express, Electronic Funds Services, PO. 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 learn 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 US). You may also write to us at American Express, Electronic Funds Services, PO. Box 981532, El Paso, TX 79998-1532. Improper transactions or payments If we do not complete a transfer to or from your bank account on time or in the correct amount, according to this EFT Agreement, we will be liable for your losses or damages. There are some exceptions. We are not liable: if, through no fault of ours, you do not have enough money in your bank account; if the transfer would go over the credit limit on any overdraft line you may have; if the ATM where you are making the transfer does not have enough cash; if the funds in your bank account were subject to legal process or other encumbrance that restricted the transaction; 0 if circumstances beyond our control (such as fire or flood) prevented the transaction, despite our reasonable precautions; or Page 7 of8 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: 0 when necessary for completing transactions; 0 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 for Pay By Phone and Pay By Computer questions, and at 1-800-CASH-NOW for Express Cash and AutoPay questions. You may also write to us at American Express, Electronic Funds Services, PO. Box 981531, El Paso, TX 79998-1531. In case of errors or questions If you think your statement or receipt is wrong, or if you need more information about a transaction on your statement or receipt, call or write us as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. If you do not contact us because of certain circumstances (such as you are in the hospital), we may extend the 60-day period for a reasonable time. When you contact us: 0 tell us your name and account number. 0 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. 0 tell us the amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days after you called us. Within 10 business days after we hear from you we will determine whether an error has occurred. We will correct any error However, if we need more time, we may take up to 45 calendar days to investigate. If we do take more time, we will credit your bank account within 10 business days (of the day we decide we need more time) for the amount you think is in error so that you will have use of the funds during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your bank account for the amount you question. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have credited your bank account and find no error, we will tell you when we will withdraw that amount from your bank account again. You authorize us to withdraw this amount from your bank account. If your bank account does not have enough funds to cover this withdrawal, we can charge the amount to your card account or collect the amount from you. If this happens, we may cancel your right to use a service. We may end the services We, or any bank or financial institution that participates in the Express Cash service, may add to or remove any ATMs from the service. We may extend or limit the services at any location without telling you ahead of time. Also, we may stop a service at any time. We may cancel your participation in a service at any time. If we do, we will write to you, but we may not send you the notice until after we cancel. Also, we may refuse to authorize a transaction at our discretion. We will end or suspend use of a service ifmonths in a row, 0 your card account is in default, 0 your card account is cancelled or suspended, 0 you cancel the authorization you gave your bank to pay for any transactions you make through the service, or 0 your bank account is closed to withdrawals by us or our agents. You may choose to stop using any service. If you do, you must write to us at American Express, Electronic Funds Services, PO. Box 981531, El Paso, TX 79998-1531. Assignment We may assign this EFT Agreement to a subsidiary or affiliate at any time. Note for Massachusetts residents General disclosure statement: Any documentation given to you which shows that an electronic funds transfer was made will be admissible as evidence of that transfer and will constitute prima facie proof that the transfer was made. Except as explained in this EFT Agreement, if you initiate an electronic funds transfer from your bank account, you cannot stop payment of the transfer. Unless otherwise provided in this EFT agreement, you may not stop payment of electronic funds transfers. Therefore, do not use electronic transfers for purchases or service unless you are satisfied that you will not need to stop payment. Disclosure of bank account information to third parties: If you give us your written authorization to disclose information about you, your bank account, or the transactions that you make to any person, that authorization will automatically expire 45 days after we receive it. Optional limit on obtaining cash: You can ask us to limit the total amount of cash that you may get from ATMs in a single day to $50. If you choose this option, we will take all reasonable steps to comply with your request. Version 996890 Page 8 of8 Rev. 9/2012 WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL 2 Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. 2 The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and income transaction history and account history insurance claim history and credit history All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons American Express chooses to share; and whether you can limit this sharing. For our everyday busmess purposes Yes No such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No to offer our products and services to you (but please see the "To limit direct marketing" box below for information about additional privacy choices) Forjoint marketing with other financial companies Yes No For our affiliates' everyday business purposes Yes No information about your transactions and experiences For our affiliates' everyday business purposes Yes Yes information about your creditworthiness For our affiliates to market to you Yes Yes No (although we may share aggregated or de-identified data) For nonaffiliates to market to you We don't share personal information Visit us online: or Call 1-855-297-7748 - our menu will prompt you through your choice(s) Please note: If you are a new customer, we can begin sharing your personal information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your personal information as described in this notice. However, you can contact us at any time to limit our sharing. We provide additional privacy choices to customers. Privacy elections you make for any one product or service may not automatically be applied to other products and services. To let us know if you do not want us to use your personal information to communicate with you about offers by mail, telephone, and/or e-mail: Visit us online: or Call 1-855-297-7748 (except for choices about e-mail communications) Call 1-800-528-4800 or go to Version 996890 Page 1 of 2 Who Is prOVIdIng this American Express Travel Related Servrces Company, Inc. and other American Express Notice Affiliates that provide financial products or services, including American Express Centurion Bank American Express Bank F88, and AMEX Assurance Company. How does American To protect your personal information from unauthorized access and use, we use security Express protect my measures that comply with federal law. These measures include computer safeguards and personal information? secured files and buildings. How does American We collect your personal information, for example, when you Express collect my 7 open an account or pay your bills personal Information. give us your income information or give us your contact information use your credit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can't I limit all Federal law gives you the right to limit only sharing 91" personal sharing for affiliates' everyday business purposes - information about your Information? creditworthiness affiliates from using your information to market to you sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when Your choices will apply to everyone on your account. limit sharing for an account I hold jointly with someone else? Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include companies with the American Express name, including ?nancial companies such as American Express Travel Related Services Company, Inc. and non?nancial companies such as American Express Publishing. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card-related insurance services. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaf?liates with which we share personal information include service providers, including, for example, direct marketers, that perform services or functions on our behalf. Joint marketing A formal agreement between nonaffiliated companies that together market financial products or services to you. Our joint marketing partners include financial companies. We may transfer personal information to other countries, for example, for customer service or to process transactions. AMEX Assurance Company customers. You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance-support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law. California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law. Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our Affiliates. Version 996890 Page 2 of 2 EXHIBIT Business Gold Rewards p. 1/5 PREVACUS INC OPENSM JACOB VANLANDINGHAM Closing Date 05/15/15 Next Closing Date 06/15/15 Account Ending- New Balance $52.070-05 Visit Pay Past Due Amount ImmediatelyI i Pay past due amount of $50,558.36 immediately. Payment is due upon receipt; Account Summary we suggest you pay the remaining balance by 05/31/15. You may be charged a . late fee ofthe greater of $38.00 or 2.99% of the past due Pay in Full amount if ESEZ?E/agigg?s $50,333: your payment IS not received by the Next Closmg Date. New Charges +$0.00 Fees +$1,51 1.69 I New Balance $52,070.05 1 See page 2 for important information about your account. Days in Billing Period: 30 Your account is cancelled and past due. Customer Care Pay by Computer open.com/pbc Customer Care Pay by Phone 1-800-492-3344 1-800-472-9297 See page 2for additional information. Pleasefold on the perforation below, detach and return with your payment Payment Coupon Pay by Phone Account Ending- Do not staple or use paper clips 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. JACOB VANLANDINGHAM PREVACUS INC 2570 MANASSAS WAY TALLAHASSEE FL 32312-4872 Amount Due $52,070.05 - AMERICAN EXPRESS Check here If your address or phone number has changed. 130- BOX 650448 Note changes on reverse side. DALLAS TX 75265-0448 JACOB VANLANDINGHAM Account Ending_ p. 2/5 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 pm. local time at that address to be credited as of the day it is received. Payments we receive after 5 pm. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bankand payable in US dollars,or with a negotiable instrument payable in US dollars and clearable through the US ban king system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late paymentfees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to yourfinancial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your paymentfrom your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 pm. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest for Pay Over Time balances on your Account. Call the Customer Care number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to calculate theADB andinterestresults in daily compo undingof in terest. How to Avoid Paying Interest: If you have a Pay Over Time balance,your due date is at least 25 days after the close of each billing period. We will not charge interest on charges added to a Pay Over Time balance if you pay the Account Total New Balance by the due date each month. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.70% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion 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 in effect on the date of your charge. Charges converted by establishments will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1 .00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. I Customer Care Billing Inquiries 1-800-678-0745 Hearing Impaired Website: americanexpresscom lnternationalCollect 1-336?393-1111 Mobile Site: amexmobile.com Large Print Braille Statements 1-800-678-0745 FAX: 1-800-695-9090 Lost or Stolen Card 1-800-678-0745 In NY: 1-800-522-1897 Customer Care Express Cash 1-800-CASH-NOW Billing Inquiries Payments P.O. BOX 981535 PO. BOX 650448 5 EL PASO, TX DALLAS TX 5 79998-1535 75265-0448 Changeof Address .- lfcorrect on front, do not use. Pay Your Bill With AutoPay To change your address online, visit For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Please print clearly in blue orblack ink only in the boxes provided. - Avoid late fees - Save time Deduct your payment from your bank Street Address account automatically each month . . .7 .7 .7 . .7 .7 Visit americanexpress.comlautopay City'StatE . . today to enroll. I Zip Code Area Code and Home Phone Area Code and Work Phone For information on how we protect your privacy and to set your communication Email and privacy choices, please visit ress.com/privacy. Business Gold Rewards OPEN p. 3/5 PREVACUS INC SM JACOB VANLANDINGHAM Closing Date 05/15/15 Account Ending - i Fees i i 3 Amount 05/15/15 Late Payment Fee $1,511.69 Total Fees for this Period $1,511 .69 2015 Fees and Interest Totals Year-to-Date Amount Total Fees in 2015 $7,166.87 Total Interestin 2015 $0.00 JACOB VANLANDINGHAM Account Ending - p. 4/5 OPEN Savings? Summary p. 5/5 PREVACUS INC JACOB VAN LAN DING HAM Closing Date 05/15/15 Account Ending - 1, 3 i Discounts . Membership Rewards? Points i 2 i This Period $0.00 This Period Year to Date Year to Date $0.00 Remember, you can et benefits on eligible purchases with OPEN Savings? partners? automatically when you use your usmess Card from American Express OPEN. Learn more at Discounts will be applied in the form of a statement credit. For full terms and conditions go to opensavings.com. The Membership Rewards points balance shown above reflects only points received through the OPEN Savings benefit and may not reflect any reversals. Please refer to your Membership Rewards account balance for the most up-to-date balance information. 1 See individual OPEN Savings partner terms and conditions located at opensavings.com.