Free Complaint - District Court of California - California

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 1 of 14

Exhibit 29, Page 194

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 2 of 14

Exhibit 29, Page 195

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 3 of 14

Usinu the Cad: To use the Card at a retail establishment or restaurant that accepts American Express Cards, simply present the Card at the time of payment, and sign the receipt with the same signature you have used when you signed the Card. You sho~lldretain the receipt as a record of the transaction. You agree: Not to permit any other person to use the Gift Card issued to you. Not to use the Card at any locations other than retailers and restaurants located in the United States. Not to use the Card for any illegal purposes. That American Express is authorized m deduct the amount of your purchases, together with any other fees, taxes, or charges from the funds loeded on your Gift Card whenever your Card is used to make a purchase. To track your spending end not to use the Card for any emount that exceeds the Aveilable Funds. Not to use the Card after the "valid thru" date printed on its face. To keep the Card securely and treat it like cash. If your Card is lost or stolen you can only obtain a refund of the Available Funds as of the time you notify us of the loss. To notify us at once if the Card is lost or stolen. See the section entitled "Lost ur Stolen Cards" below. The American Express Gift Card can be used to pay for the full amount of the merchandise and applicable taxes, so long as the Available Funds are sufficient. Yo11can only spend the Available Funds on your Card. Depending on the individual merchant policy, you may be able to use the Gift Card plus another form of payment to make a purchase for an amount greater than the Available Funds. This is called a "split tender" transaction. Before you make such a transaction. please call 877-AXP-GIFT to check your Available Funds. To use your Gift Card for a purchase that is greater than the amount on the Card, you MUST ask the cashier if they can accept two forms of payment. If the cashier agrees, pay the difference first with another form of payment accepted by the retailer or restaurant, and then 11seyour Gift Card to pay the rgmaining balance. Some reteilerr, particularly department stores; will only allow a split tender transaction (use of two forms of payment) if the second form of payment is cash or check. Most mail order end Internet merchants do not allow for split tender transactions. ll you plan to use another form of payment to pay for a part of the total charpa, please check the retailer's policy in advance. Please note that restallrants often add a fixed percentage (approx. 20%) to the authorization amount when they swipe your Card to receive approval. This is vev common in restaurants to cover the tip that would normally be added to the transaction amount. This may result in a decline or it may result in a "hold for the additional amount on your Available Balance. Once the actual transanion is cleared between American Express and the restallrant merchant, American Express will remove the "hold" on any additional funds. For example, if your meal

totaled $50 but the restaurant authorized for $60 and yuu paid only the $50 for the meal with your Card and the tip in cash, then the additional $10 would be held until the American Express receives confirmation that the transaction was for $50 (usually within 3 to 7 days). To avoid this, you can generally esk the restaurant to only authorize the amount you have requested. Please note that purchas-as made with Gift Cards are similar to those made with cash or travelers chequss. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the establishment. Information About Avmhble Funds: You should keep track of the amount of Availeble Funds on the Gift Card issued to you. You may call us at any time using the Customer Service number shown on your Cerd to obtain the current Available Funds amount. You may also request information about previous transactions by calling Customer Service. Your Available Funds will reflect all transactions that have been posted m our system. To reach American Express Customer Service for Gift Cerd, call: Toll Free within the US end Canada: 1-1877-AXP-GIFT] or the number on the back of your Card. If you believe a transaction has been incorrectly posted to your Card (for example, the same transaction has been posted twice or for the incorrect amount), please notify us immediately, but no later than s i m (60) days from the date of the trensadon. Lost or Stolen Cards: If your Gift Card is lost, stolenor used improperly, contact us immedietely at the Customer Service number shown on the Card or at 1-877-AXP-GIFT. You will be asked to provide us with the Card number and other identifying details. W e cannot provide a refund if you do not have your Cerd number available. If our records show that there are still Aveilable Funds remaining on the Card, we will cancel the Card and refund such Availat~leFund amounts to you. There is a $5.95 replacement fee, subject to applicable law. PLEASE SAFEGUARD YOUR CARD SECURELY AND TELL US IMMEDIATELY IF THE CARD IS LOST OR STOLEN. IINFDRTUNATELY, NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST/STOLEN CARD BEFORE YOU NOTIFY US. Raturnd Merchandise: If you wish to return any marchandise purchased with the Gift Card, you will be subject to the merchant's return policies. To service mercharidise returns, merchants can either: (a) Process the return as e credit to the Gift Card: or (b) Issue store credit. If the merchant issues a credit to the Gift Card, such funds may not be available for 3 to 7 days. Transactions in Excess ef Available Fundar It is your responsibility to keep track of your spending on the Gift Card. You may also contact us for information on tha amount of Availeble Funds on the Gift Cerd (see "Information About Available Funds" above). If you anempt m use the Card when there are insufficient Available Funds for the transaction in question, the

Exhibit 29, Page 196

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 4 of 14

transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Available Funds on the Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of tha Shortage. In addition, we reserve the right to charge you a Shortage fee of $15 per transaction every time your use of the Card results in a Shonage. '%lid Thru" Date Available Funds d o n o t expire: Please note that the Gift Card has a "valid thru" date indicated on the face of the Card. That is the date a h which you may not use that Card. However, this does not mean the Available Funds on the Card expire. If Available Funds remain on the Card after the "valid thru" date, simply contact us at the Customer Service number on the Card for instructions on how to redeem the Available Funds. We may reissue a Card to you, and if so, we reserve the right (subject to applicable law) to charge you a Reissuence Fee of $5.95. Or, if you wish, you may request a check to be iss~led the amount of any Available Funds on the Card. If you for do, we reserve the right to charge you a check-issuance fee of $10 (subject to applicable law). American Express reserves the right to hold funds for ten (101 business days before redeeming any such Available Funds. In any event, we reserve the right to decline to issue a replacement Card. Sewica Fees: We encourage you m use your Gift Card soonl You may leave Available Funds on the Card i s long as you wish and may contact us at any time to redeem them. Subisct to aoolicable law. we mav deduct a monthlv Service Fae of $2.00. howeve; we will waiive that service ~ e for the first 1'2 months after the purchase e date. No Warranty of Availability o r Uninterrupted Use: From time to time the Gift Cerd service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about Available Funds on your Card. Please notify 11s if you ham any problems using your Gift Card. You agree that American Express is not responsible for any interruption of service. No Warranty Regarding Gooda and Sorwicer: American Express is not responsible for the quality, safety, Iegalii or any other aspect of any goods or services purchased by you with ywr Card. Refusal o f Card: American Express will not be liable for the failure of any establishment to honor the Gii Card. If this occurs, please call Customer Service at 1-877-AXP-GIFT to report the incident. Changing these Terms and Condiiions/Card Cancellation: We may change the terms of, or add new terms to, this Agreement at any time, in accordance with applicable law. In addinion, we may suspend, cancel, add. modify or delete any feature offered in connection with your Gift Card at our sole discretion at any time, with or without cause, and without giving you notice, subject m applicable law. If we cancel your Card, any Available Funds remaining

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on the Card upon such cancellation, after payment for all applicable fees, will be returned to you. We may condition reimbursement upon return of the Card, in the event the Card has not expired. The Gift Card is the properly of American Express. Assignment and Waiver: We may assign this Agreement at any tima without notics to you. However, if we assion this Aoreement, the terms of this Aareemsnt will remain substantiaUv end materially thisame unless you are notified. In the event we reimburse pu'for a refund claim you haw made for a lost or stolen Card, or if we ohrwise pr~wde you with a credit or payment w'kh respect to any problem arising out of any transaction made wim tha Gift Cerd, you are automatically deemed to assign and transfer to us any rights and claims, excluding ton claims, that you have, had or may have against any third parry for an amount equal to the amount we haw paid to you or credited to your Gift Card. Yo11agree that you will not pursue any claim against, or reimbursement from, such third paw for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third parry for the amount paid or credimd. If we do not exercise our rights under this Agreement, we do not giw up our rights to exercise them in rho future. Data q o t e c t i o n a n d R i v a c y lnformetlonAs part of providing you with the G i Card, we may obtain personal information ("Cardholder Information") about you, including: lnformation provided to us by the Gift Card purchaser, such as your n m anwor your address. lnformation you provide to as at the time of activation. lnformation abwt purchases you make with the Gift Card, such as the date of the purchase, the amount and the place of purchese. In addion, we may obtain information from providers of idenmy verification data and demographic information, in connection with our efforts m protect against fraudulent or unau!horized use of the Gift Card. lnformeon Onhl those persons who need it to perform their job responsibilities are authorizedto have access to Cardholder Information. In addition, we maintain physical, alactronic, and procedural security measures that comolv with federal reaulations to safeu~~ard Cardholder Information. Dlscjobure~emay k e Cardholder ldormatim to process Gift Card transsctions, to provide customer servlce, m process claims fw lost or stolen Cards, to develop marketsg, to help protect agamst fraud, and m conduct research and analys~s. In add~ron, n's often necessary for us to disclose Cardholder lnformatlon for the same purposes to campariles t h t work w ~ us. For examh ple, we may prowde cenalri Cardholder lnft~rmat~on companies, ~nclud~ng to Amarlcen Express Aff~l~atss perform busmess opermons or sarvlces, ~ncludthat Ing markattng semces, on our behalf And WE may provlds certrun C a r W e r lnformatlon to others outs~deof American Exprass as parmmed by law, such as partles s response to subpoenas. to government enunes or other th~rd

Exhibit 29, Page 197

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 5 of 14

Offers W e m a y develop marketing programs and send you offers for from or relates to (a) your Grft Card, (b) the amount of Ava~lableFunds on the Gift
products and services that you m a y find of value. W e do not share customer addresses w i t h other companies for them t o market their o w n products and services. Choice If you prefer not to receive offers, you may opt out by calling us In the US toll free at 1-800-722-8614 or collect outs~de US at 1-801-945-9450 the If you opt out from recelvlng these offers, we may st111send Important information about the G~ft or other Amer~canExpress products end servlces to you Card Telephone Monitoring/Recording: From tlme to tlme we may monnor and/or record telephone calls between you and us to assure the qual~tyof our customer servlce or as requlred by appl~cable law Notices: Any notlce given by us shall be deemed glven when depos~tedlfl the United States mall, postage prepa~d,addressed to you at the latest address shown on our records.
Arbitration. .. -.-. -. . . -

Card, (c) advert~sements, promonons or oral or wmen sratements related to the Gift Card, goods or services purchased mth the Card, (dl any beneflts and selvlces related m the Card, and (e) your enrollment for or actlvatlon of the Card We shall not under Prov~s~on any Cla~m you propfor that elect to use arb~trat~on the Arb~trat~on erly fie and pursue In a small ~clalmscourt of your state or mun~c~pal~ty as so long the Ua~m lnd~v~dual pendlng only In that court IS and Initiation o f Arbitration Roceeding/Sblection o f Administrator: Any Cla~mshall be resolved, upon the elect~onby you or us, by arbltratlon purProv~s~on the code of procedures of the narlonal and suant to th~sArb~trat~on arb~tratlonrlrgarllzatlon to whlch the Cla~mIS referred In effect at the time the Cla~mIS flled (the "Code") Cla~ms shall be referred to e~therthe Nat~onal Arb~trat~on Forum ("NAF"). JAMS, or the Amerlcan Arb~trar~on Assoclatlr~n ("AAA"), as selected by the party elect~ngto use arb~trat~on. a select~onby us If of one of these organlzatlons 1 unacceptable to you, you shall have the r~ght s mtl~ln days after you recelve notlce of our elect~on select elther of rhe other 30 to orgarllzatlons listed to serve as arb~tratoradmlnlstrator For a copy of the procedures, to f i e a Cla~mor for other lnformat~onabout these organlzatlons, contact them as follows * The NAF at PO Box 50191, Mlnneapol~s,MN 55404. webslte at www arbitrat~on-forumcam JAMS at 1920 Maln Street, Su~te300, Los Angeles, CA 92614; webs~tew j a m s a d r com AAA at 335 Mad~son Avenue, New York, NY 10017, webs~te wwwadrorg Significance o f Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WlLL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIALON THAT CLAIM ok To HAVE THEIRCLAIMSRE~~L~EDEXCEPTA~PROVI~E~ FOR INTHE' CODE OF PROCEDURES OF THE NAF, JAMS OR AAA, AS APPLICABLE ITHE "C0OE"r. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WlLL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION Restrictions o n Arbitration: If e~therparty elects to resolve a Cla~mby arb~trat~on, Clam shall be arbitrated on an lndlvidual b a ~ s ,&re shall be that no Iignt or authoiv for any Clalins to be arburated on e chss stion basis or on bases ~nvolylngClaims brought ln a purpored q ~ s e @ ~ tcapachy on iw behalf of the general pubic other Cardholdem or other pemns s~milarksnuated The arbltrator's authorly to resolve Cla~ms l~m~tedCla~msbetween you IS to

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Puroose: This Arblrration Prov~s~on forth the clrc~msrancesand orocedures sets unoer whlch Cla,ms las definea below1 mav be arbitrated lnsteaa of l~tiaateo~n Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy b m e n you and us arising from or relatingto the Gift Agreement as well as any related or pnor agreement that you may have Card or th~s had w~th or the releeonshl~s us resuklns from th~s Asreement. ~ncludmu val~dlthe iy, enforceab~l~y scope of th~sArbnrkon ~ r o v ~ or~the ~greem&. For puror s k "you" poses of thls Arbnratlon Prov~s~on, and "us" also includes any corporate parent, or wholly or majonty owned subs~d~arles, afil~ates,any Ilcensees, predecessors, successors, asslgns, any purchaser of any accounts, all agents, e~~ployees, d~rectors and representanvesof any of the foregoing, and mher persons rsferreo to below In the defln~r of "Cla~ms""Cla~m" nc udes calms of even, klno and nature. lncluaon ~ n but not lhmlted to lnn~al g cla~ms,countercla~ms, crosscla~ms th~rd-partycla~ms and and cla~ms based upon contract, tort, fraud and other lntent~onal stenltes, regtorts, ~~lat~ons, common law and equ~ty "Cla~m"also Includes clalms by or agalnst any th~rdparty uslng or provldlng any product, service or benefn s connection WII~ the Card or blls Agreement (lncludlng, but not lhmned to, third partles who accept the Card, thlrd penles who use, prov~deor partlclpate In programs accessed w~th the Card, enrollment seMces and rewards programs, debt collectors and all of thelr agents, employees, directors and representatlves) ~fand only t such th~rdparty IS named as a co-party wnh you or us (or files a Cla~m or agalnst you or us) In wnh connenlon mth a Cle~masserted by you or us agalnst the other The term "Cla~m" e to be glven the broadest poss~blemeanlng that will be enforced and ~ncludes,by way of example and wnhwt Ihmnat~on,any cla~m,d~sputeor controversy that anses

Exhibit 29, Page 198

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 6 of 14

\

and 11s alone. and the arbrratois author~wto make awards IS llmlted to vuu and be respr~nsiblefor paylng your share. ~fany, of the arb~trat~on (~nclud~ng fees fllby us alone. ~uihermore.Clams bro-ght b i you agalnst LS or oy LS against yo^ Ing, ~dmtnlstratwe,hearlng and/or other fees) prov~ded the Code, to the extent may not oe joined or consol~dated n arbitrat~on Claims brought oy or agalnst that such fees do not exceed the amount of the flllng fees you would have with someone other than you, unless orherwise agreed to In writing by all parties. Incurred ~f the Clam had been brought In the state or federal court closest to your res~dencethat would have jurlsda~on the Clam We w ~ l be responslover l fees Arbitration h c e d u r k : Thls Arbnmt~onPrwlslon is made pursuant to a ransac- ble for paylng the remainder of any arbltrat~on At your wlltten request, we oon lnvolvlng Interstate commerce, and shall be governed by the Federal Arbltratlon will consider In good fanh mak~nga temporary advance of all or part of your Act, 9 U.S.C. Sectlons 1-16, as it may be amended (the "FAA") The arbmatron shall share of the arb~trat~on for any Clam you lnltlate as to whlch you or we seek fees the arb~trat~on will not be assessed any arb~trat~on In excess of yuur share You fees oe governed oy the applicaole Code, except that (to the extent enforceable ~nder i us FAA) th s Art itration Provision shal contr~ilI s inconsistent with the appllcaole ~fyou do not preva~lIn any arbltratlon w ~ t h Code The arbltrator shall apply appl~cablesubstantwe law mnslstent wth the FAA Prov~s~on suwlve ternilnatlon of your Gift shall and appl~cablestatutes of llmltat~onsand shall honor clams of prwllege remgnlzed Continuation: Thls Arb~trat~on at law and, at the tlmely request of ether party, shall prw~de br~ef a wrmen expla- Card as well as voluntary payment of any shnrtages In full by you, or any legal nanon of the bas~s the dec~s~on arbnrat~on fur The proceeding shaN not be governed proceed~ngby us to collect a debt owed by you, and any bankruptcy by you or by any Federal or state rules of cwll procedure or rules of evldence Enhr party may us If any portlon of thls Arbltrat~onProv~s~or~ e deemed lnvalld or unenforceable submn a request to the arbnrator to expand the scope of d~scovery allowable under lunder any prlnc~pleor provlslon of law or equity, ~tshall not lnval~datethe a Arb~trat~on Prov~slonor the Agreement, each of whlch the applicable Code The party submmlng sl~ch request must provlde a copy to the remalnlng ponlons of th~s other party, who may subm~tobjecttons to the arbnrator wnh a copy of the objec- shall be enforceable regardless of such ~nval~d~ty tions provlded to the reqllestlng party, wthln flfteen (15) days of recewlng the requesnng party's nonce The grannng or den~alof such a request will be In the sole Applicable Law: dlscretlon of the arbttrator who shall notlfy the parues of hts/her dec~smnwnhln Thls agreement is governed by the laws of the State of New York. USA, exclud. twenty (20) days of the objectsg party's subm~sslonThe arbitrator shall take rea- Ing cholce of law prlnc~ples sonable steps to preselve the privacy of ~nd~v~duals, of busmess matters and Judgment upon the award rendered by the arbttrator may be entered In any coun The G~ft e issued by American Express Travel Rdated Sewices Company. Inc Card havlng jur~sda~on arbnramis de~:~aon be flnal and blntllng. except for any The will r~ght appeal prw~ded the FA4. However, any party can appeal that award to a 0 2 0 0 4 American Express Travel Related Sewices Company, Inc. of by three-arbitrator panel admlnrstered by the same arbltratlon organlzatlon, whlch shall cons~der anew any aspect of the lnlt~alaward otljected m by the appealing party The appealing party shall have th~rty(30) days from the date of entry of the wntten arbltratlon award to notlfy the arbltratlon organlzatron that n IS exerclslng the r~ghtof appeal. The appeal shall be llled wnh the arhnratton orgarllmnon In the form of a dated wrnlng. The arb~tranonorganlzatlon wll then notlfy the other party that the award has been appealed The arbnmt~onorganlzatron wll appolnt a three-arbtrator panel A l c h will conduct an arbltrarlon pursuant to w Code and Issue ~s d m slon wth~n hundred and twemy (120) days of the date of the appellant's writone ten notlce The declslon of the panel shall be by majornyvote and shall be flnal and blndlng
i

Location of Arbitration/Payment of Fees: Any arbltratton hear~ng you that attend shall take place ~nthe federal ludrclal d~str~ct your residence YOUwill of

Exhibit 29, Page 199

Case 3:07-cv-04765-CRB
1/14/03
4:25

Document 1-7

Filed 09/17/2007

Page 7 of 14

PM

Page 1

CD 25895 (03'03)

DELTA SKYMILES@ CREDIT C EXPRESS CENTURION BANK
?.ease rezi this .?getmen[ th0:ough.y) kaa when you r;ie;i s.gn o: s t me De.ta ShyS.l.es' Cred.1 Cad from American L y m lss~ed yo-. to .nc.ud.ng an! renew or re;.aceaent Car@ s u e d to you (hceafie: refemc to as the "Cad') !ou anret to the 'ems of LU Agreement P.euesee the Supplement(s) id hi Agkement ("~u~~lemene'jprinted your Card on Carrier and/or other documents identified as such for additional terms and conditions. Since you asked us to open the Card Account account"), you are the "Basic Cardmembef' and you will have an Account with us. You may request that we I m e a Card to another person, and If we do, that person will be called an "Additional Cardmember" on your h u n t You agree to make sure that any Additional Cards hued on your b u n t are used in a i s manner consistent with h Agreement The term "Card" refers to the Card issued to you and all other Cards issued on your b u n t Except where othenvise noted, this Agreement applies to the Delta SkyMilese Credit Card (hereafter refened to as the "Delta Card"), the Gold Delta S!yMilesU Credit Card (hereafter referred to as the "Gold Card") and the Platinum Delta SkyMilesO Credit Card (hereafter refened to as the "Platinum Card"). Please note that you may receive offers or mailings periaining to your Account which use the term OptimamCard. This Agreement is governed by Utah law a n d applicable federal law. Using t h e Card We welcome vou to use the Card to nurchase goods and s e ~ c e from estabs of ihshnents a&pt,r.g me Card anc Ib ac\anlagr ofotie: fear~res h e Cam You an m n s ~ b l fo: 3a!lne a l m o u n u cnarged lo me ACO3unt bv e either yourselio;any Additio~d~~rdmembers.16.~ any You not permit oher wrson to use the Card isrued to vou. However. YOU are reswnsible for paymhnt of a. charges made wth ~ a & s u e on yo>! ACLO:~, ewr. I you ~ c have .e: someone e x use the Cdd YOLa p e to nu$ us a once It the C d or an) check we ma! issue on you: m u n t art .a: or sto.en o r v u awa Lie! & be~ng.wi whout y i r F r m s ~ o n Sou a g w o UP the Account only for leg.tlmate purcnases o! goods anc sexcer Rememot: that o.sice tie United Sla'as, reums are s u a l y more restnciea You sho~ld J% me no: Cd before me i a ~ dale or & e Lie wlnnor. d a r If you m t to cance. a d h: your Account or any Additional Cards,you must contactus and destroy the Card or any Additional Cards. We resent the right to deny authorization for any requested Charge. Ifyou are a h an American Exprw Cardmember,please be aware that certain American E x p m Cardmember senices may not be charged on the b u n t If you provide your Account number on an application for such a EM=,we will charge the sendce to your American Express' Card b u n t , if vou have one: othen\ise,. the charee will be denied. " If you prowde aumonnuon to a mercnant to bI" Charge or. a m r n n g bar.s toyour Carc Accocnt ("Recumng Charge[s]"), and ~ ! aqlacement Carc has been !sued to you (because, fo: e x a ~ p l ey a r Card has been Icst stolen. canceled. unmded or renewed), then we mav provide such merchant b with your current C&u n t stam, b u n t numkr and/or explMon date in order to wrmit the merchant to continue to bill the Recurrine Charge to your Anent Card Account until you notify us and the meGhant that you have withdraw your authorization. Additional C a r d s Additional Cardmembers do not have b u n t s w i t h us. Any Additional Card mav be canceled bv vou or us. Additional Cards hued on vour Account m i t be usea In a b n e r mnsislen: u i ~ Li ~ I S ngreemeni~o: aso author~ z e to d ~ themm : m ~dcit~onal u aw Cadmembers In Ihe ~ 0 u . v of maintaining your b u n t We may, at our discretion, pursue Additional Cardmembers for payment of their o m charges if you faii to pay t h m charges. Credit Limit Your credit Umit Is set forh in the Supplement Awltion of wur credit limit ma! be a a i a b k to yoc for Cash M k up a & a m o u i cetemned by 5 to be your Cash Advance ilnit U'e m?, a: a? t.ae anc In our sole drcrenon. u a n g y u r d l and Cash Advdnoe :%la Nonce ofacnange to v c u r d t o: Cash Ad%ance wl. be pnnidd to vou on or wth a b ~ l ~ nament or llmlt ng by s e p z mmnun.callon kmer d o r e or afler N Cchange ;made Your ~ b~ll~na aavment wl. s h w wur cred~t and the mr-m of sucn I.mi: ha! lln~t are a d a b l e to you for Purchases and Cash MWC& as of the statement date. At our discretion, we mav nermit vou to incur charm for Purchases (other than Purchasesmade bj,icheddram against your b u n t ) that&ll c w a the balance on vour m u n t to exceed vour slated credit limit Each chme over your&'cred~t 11m1tis subiect &our wproval and will be evaluateLh In I@ of your spen&ngand?a)men:panems on al. your aomuitswth us and our affihaa wur ewnence wm other dim, and your wrsond reroum a us We wkLie ngh: to den! any reguest for aumonmo:. for any e ' cnarge for an! rearon Sou agw no: O ue the Account In any ua) ma'cw I a your bnance lo: Cash Advancer to exceed Lie C& Advance I . r i ~ Annual F e e The annual Basic Card fee for the Delta Card Is $55 unles you have an American Exnresso consumer Gold Card. Personal Card, or PMnum Cardm ~ccount with'a membership fee issued in your name ("Qualifying Charge Card Product"), in which care there is no annual Basic Card fee. The annual Basic Card fee for the Gold Card is $85 unles you haw a Qual'

MBER AND

AMERICAN

$ing Charge Card Product, in which case the annual Basic Card fee IS $30. The annual Basic Card fee for the Platinum Card is $135 unles you haw a uallfyng Charge Card Product, in which case the annual Basic Card fee is

.0657% if in any Review Period (a) any portion of any Minimum Payment on your Accoullt is included within an unpaid prewous balance onbl:llng saiemena on ruo o: more occar.ons (t) !ou ,a) w.m a cnex ma! IS returned bv iaur ban6 (c) yo:: orezch me h m O any othe: ! $80. ' Amencan L ~ ! & ~ u n or tj, !JUTArcount is cons~cencin default t R e ~ r e w e of C u r d s atrd C a n c e l l a t i o n l !or any reason anhor 1scane.e~Ar.!Qae w u me: the c6au.l cnttna Tae Card wll bt val!c u ~ t k ~ n tlme y r i x emb& on the Card \\'e w.ll the of the default rate will apply to your Arcbunt for a m~nimum twelve s u e vo. anewa o: reo.men1 Car@ oefore me urrent Carc em.res and mor.ths i wiiiconhnue to d o h until your Account is canceled. i E For pep of this Agreemer.1 Lie ylpl.canle Pnme Rrce fo: ol..rg ,?r: oos enimg In an! mon't a the higher of the Pnae Rate(s, puol.shec .n Liability for C h a r y e s aiid F i n a n c e C h a r g e s 7% WuN S~reerjournul the :s: o: 20r: dz! (or !I such da'e a not 2 on You may use the Card to obtain oads or senices from any peMn who bus~ness be next o d l n w k ) ) me pror aonth ir h e ewn: t h r cai, of accepts the Card ("Purchase[s]"!, and obtain loans ('Cash Advancelsl") :ce U ' ~ U l r la ~ m a l c e a s e r a pu!~..shecor c e m u?ud.sn ~ o be from us, by way of American Expresc Credit Card Ch& and AM access, T the Pnme Rate, we h a y refer ui the prime Rate published In any other upon enrollment through the American Exprescc Express Cash program, up n m m r of general cimlation in New York New York, or we ma!, suhto the applicable limits on your b u n k "Cash Pdvanaes" will also include stitui ~ S I reference rate at our sole dlscrehon ~IL loans made to vou bv wav of the use of extended payment check; used to pay F A I ~Baance P a n s f e ~ be goamed by ~ + terms and conclt.ons of shal e h lo! par. o!v&r o;ts&dlng balance on Amen& Express' charge cads thls kreement unless ronFd o ~ i e r u - r is:& checa are made av2iz.e to vou AI am:nrr tia:gec to an ~ccounr, mlcn lncluce Pu:chases, Cash Pd%ancesany a m w x t w s f ~ m d ~ v e r a o o Dailv B a l s n c a M e t h o d for Calculation of o ! u ~ rm u n : !ma anome: Aecount ("Baance T d e r s " ) , the a n n i a ~ i n a n i e harges c 6 1 cCad fee !I a n t or other f e s anc any Flnalce Charges ,m@ :nJer We use the Average Daily Balance method to calculate Finance Charges on mls Agreement wll be called "Charges' In tnis geem men^ Charges 1nc:uce vour Account Under this method we figure the Finance Charges on your an! P ~ r e a u Cash Pdvance In un~ci:vo:: h a x ewdenced an lnmnt t or b u n t bi applyng me d a t i y p n d . ~ to the Aerage Da.7 Balance (as Re n&: a Charge, regdesso!uhemervou have s:gned acharge iorm You derribed belw) lo: each feature of v o ~Aceount (nduhng current trans r an lldle to us io: all Chayes iou m u e and a. Cnar~es aade bv noiders of ae~ons)Dliieren: p n o d s raer aa). k w d agarst the o-ces of c h r . any Additional Cards en: ! e a r n of vou: m u n L Fo: examn.e, dlllerent h l v Penodlc Ram may Additional Cardmembersusing a Basic Cardmember'sAccount are not liable be applied to separate features,such as'hrchases, cash kdvances, and Balance W e r s To get the Average Daily Balance for each feature, we (1) for obligations incurred by the Basic Cardmemberor by other Addit~onal Cardmembers. However,by each w of the Additional Card to make take the beginning balance for the feature each da (including unpaid Cardmemberwillbe indi- Finance Chargesfrom previous billing periods), (231 add any newtransacPurchases or obtain Cash Advancer, the Add~tional dons, debits, or fees, (3) subtract any payments or credia, and (4) make any cating his or her agreement to pay us for that Purchase or Cash Advance If you fail or re& to pay that o b l i g a t i o n A d i t not appropriate adjustments, FW each day ajler IkFrsI & $the biUtng use American Exnresc Credit Card Ch& issued to the Basic Cardmember. per& ue alw &a umounl $in&~I qua1 lo I h e p r a i a ~day!^ h i & balam muUpM b lhe D i y Penodic RdeJvr Ihejalure. y al Montlily S t a t e m e n t - M i n i n i t ~ mP a y m e n t T i eiva us the dailv balance for the feaure for hat dav and the beannine hs - Each billing statement will rlc aMinimum Payment amount. To calcudct b a a n k !or the featuie for me nen day U thls ba.anrr: a'negana, 1: s ulr; late the Minimum Payment amount, we will fir$ take any previously billed : M~nimumPapent amounts hat remain unpaid on the Closing Date of the s c t r d to ce zero Then we d d p al. the ca1.v oaancesfor each feaure k): tie o:l Ing p n c c anc d~nde miai b! h e x m b e r of days tn Lie ~llllng the statement, and then add the following: ? e n d T?s glva us the Awrage Da..y Balance !or the fean.re Fo: al. f a . the greater of (i) 1150th of the New Balance on vour billing statement anc e m pmmooons, rouicea 22 or c w to the nearest d o l e co.iar'(for the ?ipx t ~ s r-res excep: Casn Pdvancesto be czero in you pad the me Average Da.y of Balaice w!. be cons~iera f ku Balance, ~fan!; caiculauor weexciuce from the New Balance anv oar.lalt fee added to shoun on your ?rewous montn's s m e n t by the Pa!ment D L Date s h w ~ yourhccMlnt during the billing period), (ii) the ~ r r e n billed Rnance t on ha: sbtemenL L! )ou m:ltip.!. the Average Duly Balance lo: eacn feature Charges, or (iii) $15: and b! the m ~ m k o ca)5 In me hllllng pnod anc the daly pencclc rzx fo: f an! &l.mit fee addec to you.Aecount cunng me blillng pnod ha: f a r e , h e resul: u:ii i the F~nanceChcge aaesred on Liar feature, x The 1l.n.zum Paimen: amoun:wL no: a c e d the NEW Balance on vo-r a b d except for vanations c by roundlng The tola: Fmance Chdge for Lie billing statement ' bll'ng pe:lod 1s mccl& oy acdmg the F~nanceCharges asmed on all touro on ti on, we may also include in the Minimum Payment amount all or featureso! me W u n L lhir mdhd o/uInrlahng lk Average Darb d g par of othe: fees ~nkrred ~ n n the oll!lng priod ancanv pan of the hew B l m ad A m @ Charge r m h m dad) ffimpounrhngo/ am B h c e on vou: bl!lina statement In e x e s of your cred~thmlL A m m Chargu.We ma!. use maiemabcal formula whlch produce You may pay more than that amount, or you hay pay the total New Balance equlvalenl results to cacu.ale the Average Daily Balance F~nanceCharge at any time. An increase or decreare in any Daily Periodic Rate may increase anc R I A m o u n u For example, we m;?. utilize mmpu'e:p:ograms or o:decrease tie amount of !our Mm.mun Pavmena ha! reman unpad on omer comoulational z e t h d that are deslmed a nroduoe mamemancali the Closlna Dre of me sla'ement gu,valeni res:lb unlle using fewer andior"s.mpleicomp~~nonal &an neps We will apply and allocate payments and credb among femres such as aredeunkd in this Aereernert A'I fees are lncluded in the daili balance for Purchases, except f e e s k a ~ a t e d w t h Advances, whlch a lncluded in Cash ; Purchases, Cash Advances and Balance Transfers,and to Charges and trans adions on vour Account In anv order and manner determined bv us in our with the dalv balance asoc~ated the correaxrndine Cash Advance At our sole discretion,In most cases, we will appty and allocate payments first to discretion,we may exclude ceriain catego& of d&it transactions or fees laver ANNUAL PERCENTAGE ("APRnI features and then to of fmm the cal~latlon the daily balancer. The solicitaiionor otherdiscl* h~Ge:APR features, and app:y p.rchase'crecs first to the l e a r n from sure for any promotional offer Hilidetenine o2 -n1 whci the c o m n c l n g d e b i t onznated HoNever !or sewclne adm.ndra- oKer, including whethe: after the expiration of any designated promotional tive, systems or dther b i i n e s reasons, we may apply and all&te payments wriod, such promotional balance will be included in the daily balance for and credib among features and to Charges and transactions on your hrcnases orthe cail! balance !or Cash Adiances Unles w elect to use a b u n t in some other order or manner which we may determine in our sole iuer date, u t a d a Cash M\ance, Balance Transfer or P u ~ h a to the ca~ly s discretion. You agree that we have the unconditional right to exercise this oaanct for Cash M\a?ces, Baance Transfers,or Purchase as appropr.;ue discretion. as o the W a c u o n date F~nance h a m are addec to h e outsraid~nn ! C ba.. ance at Lie enc d t h e b ~ l l ~ n g p n c c &sn F~nanceCharges are c a k l d for G r a c e Period ed Tne mln,mum Rnance Charne fo: aiv oillln~ Inunlch m 6 are for No Finance Charges will be d Purchases on anv billing statement where the ~ r e v i oBalance Is zero or a credit balance or'if you Law paid the impased is $0.50. i full Previous Balance bv the P m e n t Due Date s h o w on the orevious Pavments ,liilng siatemenL Tnere is no g penod fo: Cash Advancer 'balance m ~ach rnonch's minimum payment for your b u n t is due by the Pawent Trdnrlers anc ceyaln nmmot1or.a oKen The Pament Due Daw w.. be no Due Date on your monthly statement You must notiiy us immediakty of l a than 20 days &;the closing date of the billkg sortement any change in your billing addm.You m w pay us in U.S, currency,with a drdt or a check d r a w on a U.S, bank (other than American Express C a l c t ~ l a t i a nof Daily P e r i o d i c R a t e Cenblrion Bank) and payable In U.S, dollars, or with a negotiable insmA The Dailv Periodic Rate for charm each month denends 011vour adheraent payable In U.S coJars anc ciearajie through me C 5 banlungsylem ence to the terms of mls Agreea&t dunngthe l?-month pence enc~ng U u t dec~de amp: pa\ment made In some oLier form, your pa!men: n l . to wth the Closing Date of Lie cumnt bli.mg penod (me "Ream Pencd") rot be cdlted ur.tii I:scon%ened~nto of the fomdevnbed In the ?reone B See tne Supp.ement for !our srandao APRlDPR for Purchase aous mtence We maycnarge you a n y m I U ~ncur conxning!our ~ In Rate C The Daiv Penod~c for Cash Ad%anmIS naced on an APR whlch ?a)ment If anp pabmen: m a e on vour m u n : IS no: honored for b h l l r a y bed:& monmlp Unless the default or othe: m app.~esIn e amounl w may charge you: Account 129, unles otheruise pmwdec by a o m h i c e U I L ~ e lerms of th.s AegeI2enl me APR for Casn Advances h q;ihcanle .aWe resent the n p t to procers check e.ectmn~cdy rrav by IS equa: to h e Pnme Rate plus 14.j99;. The Dalv Penxic Rrce for mlulng the aTount of ~ i c~ecc mcnng n:ak, writ num'wr a d e the each biL.ngneiod IS U365th o! the APR In ellen for m a blLlng wnod cneekseria. :umber to !D-r ban^ L'we chmse to utl.lze tnls opt.on by sub rounced tolO&e nears: one ten-zourancith of a pmnlage poln:' mluin~a cnech for pa)ment!ou aJLionze ATercan Wress 'a ininaIe an D Nonulthstand~ng !oregolng me APR for Pucases and Cash the ACH (dectronic) debiffrom your account ~ Advancer ui.. be a T L Y rate of 23 wth a Duly Perodc Rate of
'

-

.

-

94"

Exhibit 30, Page 200

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 8 of 14

Exhibit 30, Page 201

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 9 of 14

Exhibit 30, Page 202

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 10 of 14

Exhibit 30, Page 203

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 11 of 14

Exhibit 30, Page 204

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 12 of 14

Exhibit 30, Page 205

Case 3:07-cv-04765-CRB

Document 1-7

Filed 09/17/2007

Page 13 of 14

Exhibit 30, Page 206

Case 3:07-cv-04765-CRB
5

Document 1-7

Filed 09/17/2007

Page 14 of 14

6C6649

1/10/03 8:39 AM

Page 8

Program Description lhis Pollq doa not cover any ks causd or conrnbuted to by (1) Intenilonaliy reU-~nflsted ini~ly, ~ e d or any aWmnI theear, whllesznt. (21 s e war or any act of war wheher declared oiundeciared;howevec any adt &mmitted by an agent of any government,party, or faction engaged in w,hw tilities, or other warlike aperations provided such agent a acting secretly and not in connection with any operation of armed forces (whether miliq, naval or air form) in the country where the lnlury m r s shall not be deemed an at of war; (3) lnjuly to which acontributolycaw was the comc mission of or attempt tocommit an illegal act by or on behalf of theCovered Pemn or illA/hrr beneficma, (9) 1n;ur).recelv'hi wh~lrsmngasan qxrator orcrew memhrof any mwvance. (5) In~uw ncelved whlr orlvlnc riding as a parrenger in, bdardingor alightingkom a rental khicle; ( 6 y sickns, physical or mental infirmity,pregnanci, or any medical or surgical trement for such conditions, unlm treatment of the mnd~tionis reauired or thi as the d i w m i l of a caved Inj~ly, (7) dlrecriy or ~nd~rect~y,a c ~ a l , a l k d or Vlnarento uluhar~e, diwna', seepane, muratm, m w . release of or expure to anfhazadous biolo$&l, &emid, nudear or radioactive material, gas, matter or contamination. Beneficiary ABasic Cardmember may designate a beneficiary or change a previously designated beneficiary for hirnself/herseU and h i i e r spoudhmertic Pamer and dependent children who are not alsa Basic or Additional Cardmembers. A Additmnal Cardmembermay designate a beneficiary for n himselVherself and hisher spnusefl)omerticPartner and dependentchildren who are not also Basic or Additional Cardmembers or spouses'DomesticPartners or dependent children of Basic Cardmembers. No persons other than t h w stated above may designate or change a previously designated beneficiary. For such designation or change to become effective, awritten request, on a form satiifactoly to the Cmpany, mwt be filed with American Express. Such desimation or chan~e take effect as of the shall date it was signed by the d g b a t o r providalhat it has been received by American Exnress,but anv navment of ~roceeds made bv the Comnanv prior to receipt of such d&i&on of change shall fully'dischatge'the Company to the extentof such payment.

Pest Value Gumlee ensures that you pay the lowest price available on mvered items purchased entirely with your eligible American Express Card. S~mpiy tne Card .a\ you normaliy wuuid, ~'Itreverhnencan r a uv b Cad5 arewticome Uuith~n d a m vou re an ~denhcal todr urr a llprn you purchased with the Card adverkeh in print (i.e.. newipaper, mappzine, pendlcal loun~dur sore fyer) at a lower pnce than )ou u n ~ n aii pat, call lW557-P317 to lnltlat a w u e s for a refund You u i then bt arked tosmd the dared advenlmtnt, the slot rrceipt and your record of chargt to a wthm 9 0 d w of vour p4rc;iase Pna cui~~ulnrons are found wnla on the Internet donot qualib under thisprog&. we will gladly honor your request for a refund on a s a v i n ~ $10or more. of Once your r e q u ~ approd we'll relmnurse the pnce dihrence tu yuu u up UI 6250 per iten exc.udma laves s h ~ p ~ l and handline,and llmltec u, " nr one refund -requestper item rirchased. Lilnitatiorts Purchases must be made in the United Stab and charged in full on your American Express Card. Arefund will not be paid if, on the date of your request, or on the date of would-be payment, any amount on your Card h u n t is past due for one or more billing cycle(s) or your Card h u n t is canceled. Refunds are limited to $250 per item and $1,000 annually per Card h u n t A identical item is defined as an item that is d y equal and alike in n welyway.T i includes,but is not limited to, the brand name, model numhs bes materials, wrlananship ad any asxiated wananty with that item. n Any items that are purchased fmm a store that a l d y has an fsta!)I'uhed lowest price guarantee program will not be covered under BestValue Guaranlee $lac advelu~~ments reference a discount on all items or uhch Fipes of Items do not qualify For e m p k MI ddrmsernent statmg 'All store merchandise is 4U% oB'IS not eb#ble undtr this pmgram l m whlch m s ~ l d an inc uslve mend dler such as. hut n a llmlted to a 'kl""nacc as age deal" or 'bundleh item" are not eligible. For example: An adreiti&nent which offers acammrder with a free tripod and canying case is not eligible under this program. Rebate and m u p n oiiers are not eligible. Items which have been returned to the merchant are not eligible for cwerage. lntemet price mparisons refer to any and all electronic communicaiionsw h w source includes but Is not limited to: websites. eleamnic mall. ommotional facsimiles, or other distribution network his pmgram does nbt apply to anv adw&mentc dated before vour ourchase or more than 60 dam after your purchase. You are entitled k onirefund request per item during this tlmeframe. items no' covmd arr anlmak and llvlng plan&,o~xuf-r-klnoiems (~ncld~np,anuques, anwork and BR), llmlred wantmw ~terns, ltemsthiu the advertisement s& can be purchased with cash'only;demcnstration items; t goingaut-of-busin- sales items; "diintinued" item; ansumable or perishable ltemswith limited life spans (such as, but not limited to, perfume, liht bulbs, non-rechargeablebaaeries): i w l w (indudinn but not stones, metah &d Grls); watcies; vrvim limited 6, l c m gem5 and additional rats (such as installation char~es warntier, shinnine. taxes, or car renbk,.'rarpand precious mlns, itam s, used, reb~diana rrfurbished Items, cellularphonts pagen tldvts ofany knd, hveles check, motomd edhzies (nxh as cars, t ~ ! c motonyc.es,boats, or ar. nlanes) and thelrnarts. ~ano huildmr;. nenotiablt lmmlnenb (such as and ' bromi&ly notes): ash and its equi~aleni. Uy haw a n y questions regardlnghe MValuc Guardlltrr pm!gdm. w pleav call our Customer SeMa Depanmmt at lW557-8317 Now: B& ValueGuuranlee rr mrrenlb no1 a t w M a tnlemalml DoUar h & r unlb & m ~ Ihc conUmm/U S m
'' '

mum monthly payment or 3%dtk outstand'mgbahce on the dak of lax Benefitswill be paid from the first day if you bemme totally disabled and remain sa for 14 or more mnsecutive da)s in all states except MA, M and E M i In M and V , benefits are paid retroactivelybeginningwith the first day E A of disabilityafter you have been disabled for 30 consecutivedays. In Mq benefits are aid bednninawith the 3lst dav ofdisabilih! Benefits MAY NOT mwr oh d~sab;l~t). r&l[mng from pre&am, ch~luhilnh, ineit~o~vall) XU. ir-%neC Inlunci or niwxannru~ild~Uons'(Kaeent lames E Brand!) " , For Thobe Covered by New York DisabUty l n s u m c e Only my m n who knminc,iv and wth Intent to de'rdud a mnsdrdnce u~mnanv n or &er person hlb &{?pi~cauon for mnsurula or sukment ofclalm u,nt&ninr anv rnakrlalh fat. idormauon, or conceals fur the n u m e of mnltaui n i information bnceming any fact material thereto,6mmits a fraudulent insurance act which is a crime and shall also be subiect to a civil oenaltv not to exceed five thousand dollars and the stated value h the claim fir eaci such violation. lnvolutttary Unemplovnient Coverage U you become unemplGed for 14 consgutiK dam, the h e f i t wi pay your minimum monthly payen: based on your ouma~dng balance as of h e dak you became untmployed. ( a q t TXunemploymentbenefitsare equal to 6% of your oulsandnc, accoun: bahce) jo to 65M)ner month. 12 month maximum (no h i m u m in Ti) in ail statis & q t 4 AL, COO fl, MA ME. MN.NE. NM.NV. NY. PA SC. 'IX Vr, V and V1: (Texas residents A may call 1 36 23t' @-&63 o inquire gbo;t an optional average offer) In the statesofALCO.MIINE.NM.N\INY.TX.~andMthebenefibare~ald p l o d for 30 m m u w days Henefits may not be pad for lol, 1us due to w i u n w unemplmmf re ore men^ ui lful or mminal m~w~nductm k s or unionized l&or disputes.' Involunq Unemployment Insurance is not available in AK fl,ME, MN, PA, SC and W. Family Leave Coverage If vou are emnlwed for 30 hours or more oer w and take an unnaid k admce fmm;vdrk for at least 30 conmbve da)s while caring fnia newborn or adonted child or familv member d t h a serious medical condition lesldng In federally dedard d m k r area, on july duy, recalled to ilctlve militam duW on bereavement for a fan>ilvmember the benefit wll om vour mlnim'um monthly papent up to $ 5 ~krmonth for up to SLX mdn& ) Famllv Leave Cowrm avalabie In AL AR. AZ.Ck C DC DE F CA Hi O L

Glaitns Notice of claim must be given to A M Assurance Company, Clalms M
AdministrativeOBce, W Box 19018,Green Bay, W 54307-9018within 20 days after the Occumce or commencement of any Losr mwred hy me POIIN, as smn thtreaher as e rearonahk pmlble Notlce mven by or on or mhalf of the c~emant tothe Company at B pdmin~strat~w ; 6ffice, or to acy authonm anent of the Comnanv. wth ~nfonat~on suRclent to ~dentth the Covered per& shall be deemed hotice to the Company. Payment of Claims Benefits for h of life of a Covered Pemn will be paid to the d a i p k l beneficiary.Benefitsfor all other lmses sustained by a C o d Pemn will be paid to the Covered Person, if living, otherwise to the designated benefidq If more than one beneficiary is designated and the beneficiaries' w t i v e intern are not s~ecified. desienatedbeneficiaries shall share e d l v . U the no benefic~ary been d e s ~ ~or~If the,des~gnz!ed beneficlaly &'not h& d sumw the Cowred Pemn. the benefitsw I be ned to the first survlwme c l w of the follaving: 1) spouse or Domestic Fkner, 2) children,e q d Y wr s l i m : and 3) the estate. in dLnnlnm&ch person or pemns the Compnqy may rely u p an alT, dam by r rnemwr of any dthe claoer o areferenc~ f knefii~ane deyrilm: above.'Payment based upon any such affidavit shall fully dischargethe Company from all obligations under the Policy unless, before such payment is made, the Company has received at its bdministrativeO f h witten notice of a d i d claim by some otherpemn(s). Any amount payable to a minor may be paid to the minor's legal guardian. Tinte Lintit ort Acrioas No action at law or in equity shall be brought to m v e r under the Policy after t e expirationsof three years, five years for Centurion Card,American h Ep 0Busins Cenhrion CardP fmm OPEN: The Small Businen rm NetwoP, after the time written proof of Im is required to be furnished, The benefits described herein are subjeet to all of the terms and conditions of the Policy This Description of Coverage replaces any prior Description of Coveragewhich may have been furnished in connection with the Policy.

a

Vr, Wh W, and W W, Monthly Premium p e r $100 of Outstanding B a l a n c e There is no charge for the Credit PmteetionIP and no current charges on your account Thecomplete Credit PmWion

~,~~,KS,KY,U~MI,MO,MS,MTNC,NM,NV,~.~,OH,O~~~,SD,'
Planuats:AL56.94,ARq0.60,M81.44,CA80.94,fl23.%,CO43.3P,DC

81.7<,DE8q2(, GAEL%, HI 64.9, IA53.%,ID83.7(, IL82.7(, IN %.M, ILS85.14,L491.5P,MA66.94,M 6 1 . 6 4 , ~ ~ D 65.20M7&4C, MN 50.14,M O 57.24, MS98.7t, M76.14,NC88.00,ND78.34, NE62.8@, NH43.34, 71.84, N 76.64, NV86.60, NY31.49 (6.64 life, 17.34 disability.7.51IUI), M OH76.24 OK88.54 OR57.24 PA46.54 RI87.34.SC81.34.SD81.94.TN 76.54,ni45.24, &63.1, V jo.2c. (5.4t life, 13.84 disabiliy, 10.5+IUI), A W 51.64,WA82.44.W 72,30,Wvn.&,W73.%. Thisplan isnotavailable inNKandl(Y. Reftlnd of Unearned Preniirra U this inarrance isdeclined or otherwise d m not bpcome effectiw, any premium paid or identifiable charge made will be refunded to you or credited to your account Cowwe is undemitten bv Balboa Life Insurance Comnw Balboa Life l n s u r i a @mpany of N& York. Balboa lnsu-dna Cokpahy,and Meninlan imurance Comnan) A d ~ l n l ~ r a h ~ O f i c e Box 19702, Imne, PO Enmllmtnt m the Plan wU result In monthly biillngwhen a balance is carned until the covewe 1s eanceied bv the enrollee Tnu Plan mav be mod.. fied o r o t h e h G i n a t e d u p n "otice. (American Expres Centurion Bank, PO.Box 7802, F1.lauderdale, I 33329. T Policy #10245-8500,20993-8500.) * Please refer to your certificatesof insurance for a full description of the benefi5, limitations and exclusionsof averages.

(;l~.U4SmED IIY 'IlIE %ASK. B electing the optional Credit Protecton Plan Credit Insurance,you y adolowledge that you do not need to purchase this insurance to get credit and you can get similar coverage from any insurer you chwse. The Credit Protection Plan insurance includescredit life, disability,inwlunkq unemployment and family leave mwrage to the a t m t aMilable in your state as dmibed in this Credit Protection Plan Insurance and Cmt Disclosure. You haw read and you meet the age andemploymmtehgb~l~~ requirements shown Monthk nremlum thanes are b d on the m n t dmcc 3nd the rate shown. YOU $U receia no& of any rate innease. You may cancel at

nmothy S. Meehan, Secreq Kenneth J. Ciak, President M Mbmpany ~ A M M ~ ~ ~ ~ Company 6713-1242-COM Notie uofida Residents Only:The benefitsof the Policyprwiding your are primarily by the laws aslateotherthan of

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I. 8 a@ mding / & Iikwplia ofCawage, you aredi[l umn ofmw a p p l bymrr~- ~ p r zcad ~ r w& &@ , i p p b m n ~ ~ m n . ~ e r n CM d&free ~ c n~ /he b d of wur Card, also shown a wur CardWenmi. a

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any time' ~ Eligibility Requirements Tobe eligible for Credit Proteetion Plan imuranceyou must be the primary Cardmember,under age 71 (72 in NM), and emploied (nN=If*mplo~ed or independentantradar) for 3 hours or more per week All coveragewill ter0 minate on the fiat billing dak followingyour 71st bi1thda.y (72nd in NM). c r e d i t Life c o v e f a g e ll you shwM dii. your unpaid balance on tk dale d i m will be paid in full up ~ d to $10,000. Life insurance may not cover your account if death is by micide? C r e d ~ Drsabiltty Gaveraye t The d~sablllty benefit pays your mtnimum monthly payment, based on p r 0uWd"g balance as of the day you become dlsabled~ P to t 5 M ) ~ U monlh until your balance is pa~d, rehlm to work or reach the $lO,WO you group p h q limit In New York the dtsabllitybenefit is Uw greater of the mlnl8

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Exhibit 30, Page 207