Free Request for Judicial Notice - District Court of California - California

Case 3:07-cv-04732-MJJ

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Filed 01/19/2008

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Exhibit No. 28

Case 3:07-cv-04732-MJJ

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PIN 06-~886-009

The American Ex~ress"Gift Card Cardholder ~ ~ r e e m e n t
The followin terms and conditions govern your use of the American Express Gift lard ("Terms and Conditions"). By purchasing, signing or using the American Express Gift Card, you are agreeing to the Terms and Conditions. The terms "you" and " our" refer to the person who purchased the American Express Qift Zard and/or the person who is using the American Express Gift Card. The terms "we," "our" and "us" refer to American Express Travel Related Services Company, Inc. The term "Gift Card" refers to the American Express Gift Card. The Gift Card is a prepaid payment device that comes with a set dollar value printed on the front of the card. It is not a credit card, charge card or debit caid. The Gift Card can be used at retailers. restaurants, amusement parks, sporting events, movie and other theaters, spas, salons and certain other merchants that are located in the United States and that accept the American Express Card, including mail order, online and brick and mortar establishments. A location where the Grft Card can be used is referred to in these Terms and Conditions as a "Merchant." The Gift Card cannot be used at car rentals, cruise lines, for recurring billing purchases, or at casinos or ATMs. Usage restrictions apply for international airlines. We encourage you to use your Gift Card soon! While you may leave Available Funds, as defined herein, on the Gift Card as long as you wish, starting 366 days after the date your Gift Card was purchased, and subject to applicable law, we will deduct a monthly servlce fee of $2.00 from your Ava~lableFunds. If we send you a replacement card for a lost or stolen Gift Card, the initial 12 month (365 day) waiver period is still tracked from the date your original G ~ fCard was purchased. t Subiect to applicable law, we will deduct a $5.95 replacement card fee from'your Available Funds to replace a lost or stolen Gift Card. Subject to applicable law, if you ask us to issue you a check for the amount of any Available Funds remaining on the Gift Card l after the "valid thru" date expires, we w ~ ldeduct a $10.00 checkIssuance fee from the check we send you."

The Gift Card

Before using your Gift Card, you must sign your signature on the back. where indicated. Write down the ~ i fcard number and the t Customer Service number on a separate piece of paper in case the Gift Card is lost or stolen. If you are required to actlvate the Gift Card, msrnrct~onsvlill be-mttle of the p r d . We reserve the r~ght delay activation and use of the Gift Card for up to to 4 hours after purchase. h n n g activation or any Customer Service call, we may request that you provide the card security code printed on the front of your Gift Card, as well as additional identification information such as your home phone number, date of birth, and zip code. We may use this data for a range of p~lrposes,including but not limited to faci itatinq refunds if the Gift Card is lost or stolen, enhancing lusage at Merchantsthat may require zip code authorization, and aidinq in collection efforts in the event of a "shortage." We will hold your ~nforma'tion confidence in accordance with the section in below entitled "Data Protection and Privacy." The value of the funds available on the Gift Card at any given time is referred to in these Terms and Conditions and on the back of your Gift Card as the "Available Funds." The Available Funds on the Qift Card at the time of purchase is printed on the front of the. Gift Card and, if activation is required, these funds will only be available for spending after activation. If activation is required, the Gift Card has no value until it is activated. As you use the Gift Card, the Available Funds will be reduced by the full amount of each purchase including taxes, and any other fees. Once the and Available Funds are depleted, the Gift Car! IS no longer val~d t you agree (i) not to use the G ~ fCard and (11)after you are sure that you do not intend to return any merchandise purchased with the Gift Card, to cut it in half and discard it. - on mut of Available Funds. To obtain your Available Funds balance or to request information about previous transactions, visit www.americanexpress.com/giftcardor call toll free within the United States - 1-877-AXP-GIFT ("Customer Service l Number"). Please W Y o u r Available Funds balance w ~ lreflect all authorization requests that have been submitted by Merchants. If you have a question about a transaction that has been posted to your Gift Card (e.g., the same transaction has been pasted twice or for the incorrect amount], olease notifv us immediately, but no later than 60 days from the dateof the trankction, by calling the Customer Service Number

Before Usina the Gift Card

Information about Available Funds on the Gift Card

Service Fees

Other Fees

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"Yalid Thru" Date The "valid thru" date indicated on the Gift Card is reauired to ensure that the Gift Card can be used at Merchants that request and/or require customers to provide a plastic ex iration date during the transaction process. You may not use the gift card after the "valid thru" date. The Available Funds on the Gift Card do not expire, but may be reduced by service fees or other fees as described in these Terms and Conditions. If Available Funds remain on the Gift Card after the "valid thru" date, call the Customer Service Number to obtain a free replacement Gift Card or for instructions on how to redeem the Available Funds. Subject to applicable law, if you ask us to issue you a check for the amount of any Available Funds remaining on the Gift Card after the "valid thru" date. we will deduct a checkissuance fee of $10.00 from the check we send you. Before redeeming any Available Funds, we may hold the Available Funds for 10 business days after you request a check to ensure that all transactions have posted to our system. We reserve the right to decline to issue a replacement Gift Card. YOU AGREE TO SAFEGUARD YOUR GlFT CARD AND 'TREAT IT LIKE CASH. If your Gift Card is lost, stolen or used improperly, contact us immediately at the Customer Service Number - 1-877-AXP-GIFT. You must provide the Gift Card n ~ ~ m b and other identifying details. er We cannot provide a replacement card if you do not have your Gift Card number available. If our records show that there are still Available Funds remaining on the Gift Card, we will cancel the Gift Card and send you a replacement card. Subject to applicable law, when replacing a lost or stolen Gift Card, we will deduct a $5.95 replacement card fee from your Available Ftlnds. The replacement card will be in the amount of Available Funds on your lost/stolen Gift Card at the time you notified us that it was lost/stolen. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOSTISTOLEN GlFT CARD BEFORE YOU NOTIFY US. To use the Gift Card at a Merchant. oresent the Gift Card at the time of oavment and sion the receio't with the same sianature vou used whet; you signed The back of ihe Gift Card. eta^: the rec'eipt as a record of the transaction. You agree to use the Gift Card only at Merchants and only for lawful purposes. You authorize us to deduct the full amount of each purchase includin taxes and any other fees from the Available Funds whenever your l i f t Card is used to make a purchase. You agree to keep track of the Available Funds on your Gift Card by using our website or the Customer Service N1.1mberand

not to use the Gift Card for any purchase that exceeds the Available Funds. The Gift Card is not transferable and you agree not to permit any other person to use your Gift Card after it is activated. If you believe your Gift Card has been lost or stolen, you agree to notify us immediately. You acknowledge that purchases made with prepaid r cards, such as the Gift Card, are similar to those made with cash O travelers cheques. 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 Merchant. Combinina Forms of P m t Tende r" T m s a c t ions If you wish to use your Gift Card to purchase an item for more than the Available Funds, depending on the Merchant's policy, you may be able to use your Gift Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price. This is called a "split tender" transaction because you would be splitting the final transaction amount between your Gift Card and another form of payment. Before you request a "split tender" transaction, please call the C~~stomer Service Number to check your Gift Card's Available Funds balance. Then, you must ask the Merchant if two forms of payment will be accepted for the purchase. If the Merchant agrees, first request that a specific dollar amount be placed on the other form of payment (e.g., the final transaction amount less your Available Funds balance), and then use your Gift Card to pay the remaining balance. Some retailers, particularly department stores, will only allow a "split tender" transaction if the second form of payment is cash or check. Internet and most mail order merchants do not permit "split tender" transactions. We do not gl~arantee the Merchant w ~ laccept two forms of payment, that l such as two gift cards. Us~na Your Gift Card at Restaurants and other "TD" When a restaurant or other "tip" oriented Merchant (e.g., spas, hair salons, etc.) requests approval from us to complete your transaction, the Merchant will often add a fixed percentage (approximately 20%) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover the tip that ,they expect you will add to the bill. As a result of this increased authorization request, your Gift Card may be declined if you have insufficient Available Funds to cover the amount that the Merchant requested us to a rove. If you have more than sufficient Available Funds on your ~ i f t % r d to cover the amount that the Merchant requested us to approve, it will result in a "hold" on your Available Funds for the
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Lost or Stolen Cards

Usina the Card

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additional amount if you do not add the amount they expect. Once the Merchant sends us the final transaction amount you designate, we will remove the "hold" on your Available Funds for any additional amount exceeding the final transaction amount. This may take 3 to 7 days and during this period you will not be able to use any Available Funds in a "hold" position. As an illustration, if your meal, not including a tip, totaled $50 but the restaurant seeks approval from us for $60 (e.g., includes a $10 tip in the authorization request)and you choose to pay only the $50 for the meal with your Gift Card, leaving the tio in cash:then the additional $10 would be olaced on "hold until we receive a submiss~on the restaurant r e f k i n g a final transaction from amount of $50 on your Gift Card. TO AVOID A DECLINE OF, OR A HOLD ON, YOUR GlFT CARD, YOU CAN ASK THE MERCHANT TO AUTHORIZE A SPECIFIC DOLLAR AMOUNT. WE DO NOT GUARANTEE THAT THE MERCHANTWILL FULFILL THIS REQUEST.

sufflc~ent Ava~lableFunds on your G ~ fCard to cover the estimated' t amount that the Merchant requested us to approve, ~t result will In a "hold" on your Available Funds for the add~t~onal amount untll the Merchant sends us the flnal amount of your lodging stay Once the Merchant sends us the flnal amount, w e w ~ lremove the l amount we had "hold" on your Ava~lableFunds for any add~t~onal authorized that exceeded thls flnal amount Whlle sofie lodging s s companies may requlre use of a cred~t card to make a reservation, you can use your G ~ fCard to make flnal payment at the end of t vour stav TO AVOID A DECLINE OF OR A HOLD ON YOUR GlFT

Transactions i n Excess of Available Fun& ysina Your Gift C a r d c h a n t s If you attempt to use the Gift Card when there are insufficient If you use your Gift Card to purchase gasoline, we recommend that Available Funds for the oarticular transaction 1e.o.. $100 ourchase not , you pay ins~de, at the pump If you pay at the pump, the term~nal when the Gift Card only'has $75 in Available ~ u i d s )and'the may be pre-programmedto seek a pre-authorizationfor $75 and this Merchant does not fulfill a request to process a "split tender" amount could increase from time to time ("Pre-Authorization transaction as described above, the transaction will usually be Request"). The Pre-Authorization Request seeks to confirm that you declined. However, if due to a systems malfunction or for any have sufficient Available Funds on your GiftCard topa for an average reason whatsoever, a transact'on occurs despite insufficient' purchase of gas-lfyou have insufficient Ava~lable u n on VOLT ~ d Gft Available Funds on the Gift Card lcreatina a neaative amount on Card to cover the Pie-Authorization Request, your attempt m use your the Gift Card, referred to herein as a "Shirtagd'), you agree to l Gift Card at the pump w ~ lbe declined. If you have sufficient Available reimburse us, upon request, for the amount of the Shortage. Funds on your Gift Card to cover the Pre-AuthorizationRequest, you will be permitted to continl~e transaction at the pump. However, your E MERCHANT'S RETURN POLICIES if the dollar amount of your actual gasoline purchase is less than the PRIOR TO COMPLETING THE TRANSACTION. If you wish to return amount of the Pre-AuthorizationRequest that we approved, a "hold" will a on your Available Fl~nds result e q ~ ~to lthe difference between any merchandise purchased wlth the Gift Card, you will be subject the two amounts. Once the Merchant sends us the final amount of to the Merchant's return ~olicies.If the Merchant asrees to issue may a credit to the Gift Card, such fl~nds not be avslable for 3 to your actual gasoline purchase, we will remove the "hold" on your . OayS Available Funds for any add~tionalamount exceedlnq this flnal amount. 'This may take 3 to 7 days and during this per6d ou will not N o W a r r a n t v d Sendicas Funds in a "hold" position. AVOID A be able to use any Ava~labe We are not responsible or liable to you for the quality, safety, legality, DECLINE OF, O A HOLD ON, YOUR GlFT CARD, WE RECOMMEND R or any other aspect of any goods or servlces purchased from any THATYOU PREPAY FOR YOUR GASOLINE INSIDE THE STATION. Merchant with vour Gift Card. If VOIJ have a disoute with a Merchant. you agree to setlle the disputedirectly with ihe Merchant rd a t lodaingl!&dmb If a lodging-Merchant accepts gift cards for reservations or at l check-in, the Merchant w ~ loften seek authorization for the We are not r sponsible or liable to you if any Merchant refuses to estimated amount of your lodging stay, Your Gift Card may be the Gift Card or any problems you may have with declined If you have ins&icient Available Funds to cover the any Merchant. If a Merchant fails to honor the Gift Card, pleasecall estimated amount of your lodging stay, If you have more than the Customer Serv~ce Number to report the ~nc~dent.
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Warr of ili nint d ktlme?%me?he vailG%mayrbeorsck~ce:a$: toruse yourse Cardand Z d in:perative, when this happens, you unable Gift or obtain information about your Available Funds Please notify us if you have any problems using your Gift Card. You agree that we are not responsible for any interruption of service Soecial Offers for Gift Card Usacle When you iuse your Gift Card there may be spec~al offers available to from time to time at partlcipating merchants We reserve the r~ght add to, change and/or cancel the offers at any tlme, change and/or terminate the merchants that extend the offers, and condition redemptions on certaln requirements (e g , mlnmum purchase amount, presentation of coupons or redemptions code at the point-ofsale) Terms, conditions and restrictions of each offer, lncludlng but di~ring not limited to ava~lab~lity defined time periods, are descr~bed in our communlcat~onsWe are not responsible or liable to you ~f a merchant refuses to honor an offer Please call the partlcipating merchant cllstomer service number to report any such inc~dent

are automatically deemed to assign and transfer to us any rights and claims, excludmng tort claims, that you have, had or m y have agalnst a any third party for an amount equal to the amount we have paid to you or credited to your G~ft Card You agree that you will not pursue any claim agalnst, or reimbursement from, such third party for the amount that we paid or credited to your Gift Card, and that you will cooperate with us ~fwe decide to pursue the thud party for the amount paid or credited Neither our failure to exercise any of our rights under these Terms and Cond~tions,nor our delay in enforcing or exercising any of our r~ghts, shall constitute a waiver of such rights Furthermore, ~fwe waive any right under these Terms and Conditions on one occasion, such walver shall not operate as a walver as to any other occasion Information W e Collect 1 Information Secuftv; We may obtain personal lnformatlon 1"Cardholder Information") about you, inclilding Information (1) provided to us by the Glft Card purchaser, such as your name and/or your address. (illprovided by you at the time of activation or dur~ngcustomer servlce calls, and (iii) about pi~rchases compliance, we may also obtain information from providers of identity verification data and demographic information Only those persons who need It to perform their lob responsibrlltles are authorized to have access to Cardholder Information. We also maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information

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We may change the terms of, or add new terms to, these Terms and Condltlons at any time, with or without cause, and without givlng you notice, in accordance with appl~cable In addition, law we may suspend, cancel, add, modify or delete any feature offered in connectton with yoilr Gift Card at our sole discretion at any tlme, with or wlthout cause, and without givlng you notice, subject to applicable law Any notice given by us shall be deemed given when deposited In the United States

:3 ~ ~ ~ , " n ' ~ ~ ~ ~ ~ , " , " I ~ ~ ~ ~ ~ $ , "
return of the Gift Card The Glft Card IS our property

We will use Cardllolder InformatLon to process Card transactions, to provide customer service, to process claims for ~ ~ $ ~ ~ ~ n e ~ ~lost"or stolen Gift Cards and to help protect against fraud. We may , ~hl

Fi:s%,S has \noteexpired,~we, "may ~conditioni ~relmlbursement~upon~ . f ~ ~ ~~e!a{ ~d un "a?~~hsInformation~~ e" , " nthed ~same~ purposes Companiesthat p "~e~ ~ e~ ~~~t ";h",'t~a~ $; " ~ ~~~I c~" p~ ' ~~b!~h~~/~!~~P!o"I"u"s"~d~s"C~oSe ~~ ~~O; Card
As i nmen and W iver
arngJthese b and Conditlws to a third party at any r : s notice to you However, ~fwe assign these Terms and time withoi~t Conditions, the terms will remaln substantially and materially the same unless you are not~fledIn the event we reimburse you for a Offers I Choice;We may develop marketing programs and send refund claim you have made for a lost or stolen G ~ fCard, or ~fwe t for products and services We share customer you otherwise provide you with a credit or payment with respect to any them market Own problem arising out of any transaction made wlth the Gift Card, y o i ~ addresses with Other work with us For example, we may provide certain Cardholder our Information to companies, incli~ding affiliated companies, that perform business operations or services, including marketing services, on our behalf We may prov~de certain Cardholder lnformatlon to others outside of American Express as permitted by law, such as to government entitles or other third Parties In response to subpoenas

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products and servlces If you prefer not to recelve offers, you may opt out by calling IJS In the Un~ted States toll free at 1-800-722-8614 If you opt out from recelvlng these offers, we may st111send Important lnformatlon about the G ~ fCard or other Amer~can t Express products and servlces to you

Tele~hone Monitorina 1 Recordin

the Glft Card, (d) any beneflts and servlces related to the Gift Card, and (e)your appl~cat~on or actlvatlon of the Gift Card We ;hall not elect for l~nder Provlslon for any Clam that to use arb~trat~on the Arb~trat~on and you properly f ~ l e pursue In a small clalms court of your state or munlc~pallty long as the Clam 1s lnd~v~dual pendlng only In so and that court

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by. arbitration plrrslJant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim Arbitration is referred in effect at the time the Claim is filed (the "Code"), except Purpose: Thls Arbltrat~on Provlslon sets forth the circumstances to the extent the Code conflicts with these Terms and Conditions. and procedures under whlch Clalms (as deflned below) may be Claims shall be referred t o either the National Arbitration Forum art~~trated Instead of I~l~gated court In ("NAF") or the American Arbitration Association ("AAA"), as selected Defin~t~ons: used In thls Arbltrat~onProv~s~on, term "Cla~m" by the party electing to luse arbitration. If a selection by us of one of As the means any clalm, d~spute controversy between you and us arlslng these organizations is unacceptable to you, you shall have the right or within 30 days after you receive notice of our election to select the from or relatlng to the Gift Card or these Terms and Condltlons as well as any related or prior agreement that you may have had wlth us other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about CI~ the relat~onsh~ps resulting from any of the above agreements these organizations, contact them as follows: NAF at PO. Box 50191, enforceablllty or scope of thls ("Agreements"), lncludlng the val~d~ty, Arbltrat~on Prov~s~onthe Agreements For purposes of th~s or Arb~trat~on Minneapolis, M N 55404; website: w.arbitration-forum.com; AAA Prw~s~on, and "m" includes any corporate parent, or wholly at 335 W o n Awwe. New York, NY 10017; website: www.adr.org. "you" also afflllates, any Ilcensees, predecessors, or majorlty owned subsld~arles, Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY successors, asslqns, any purchaser of any accounts, all aqents, PARTY WITH RESPECTTO A CLAlM. NEITHER YOU NOR WE WlLL employees, direcfors and representativesof any of the foregoing, and HAVE THE RIGHTTO LITIGATE THAT CLAlM IN COURT OR HAVE A other oersons referred ro below 'n tne definition of "Claims." "Claim" JURY TRIAL ON 'THAT CLAIM. FURTHER. YOU AND WE WlLL NOT includes claims of everv kind and nature. includino but not limited to in.tia~ claims, colrnterc,'aims, cross-c aims and tnid-party c aims and HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVECAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO claims based Jpon contract, tort, frabd and otner intentiona torts. statutes, regulat~ons,common law and equlty "Cla~m"also Includes ANY CLAlM SUBJECT TO ARBITRATION. EXCEPTAS SET FORTH cla~ms or agalnst any th~rd by party uslng or prov~dlng product, BELOW, THE ARBITRATOR'S DECISION WlLL BE FINAL AND BINDING. any NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT servlce or benef~t connectlon wlth the Gift Card (~nclud~ng, not in but llrrllted to, thlrd partles who accept the Glft Card, thlrd pames who use, TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. prov~de partlclpate In programs accessed w ~ t h G ~ fCard, or the t Restrictions on Arbitration: IF EITHER PARTY ELECTS TO RESOLVE enrollment servlces and rewards programs, debt collectors and all of A CLAlM BY ARBITRATION, THAT CLAlM SHALL BE ARBITRATED ON thelr agents, employees, directors and representatlves) ~fand only 4 AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY such thlrd party IS named as a co-party w ~ t h or us (or f~les Clam you a FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS wlth or agalnst you or us) In connectlon wlth a Clam asserted by you OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED or us agalnst the other The term "Clalm" IS to be glven the broadest REPRESENTATIVECAPACITY ON BEHALF OF THE GENERAL PUBLIC, posslble meanlng that will be enforced and ~ncludes, way of example by Irm~tatlon,any clam, d~spute controvers that arises OTHER GIFT CARDHOLDERS OR OTHER PERSONS SIMILARLY or and w~thout s SITUATED The arbitrator's authority to resolve Claims 1 llmlted to from or relates to (a) your Glft Card, (b)the amount of ~varable Funds Cla~ms between you and us alone, and the arb~trator'sauthority to on the Gift Card, (c) adverl~sements,promotions or oral or wrltten statements related to the G ~ fCard, goods or servlces purchasedw ~ t h make awards is limited to you and us alone Furthermore, claims t

From time to time we may mon~tor and/or recfrd telephone calls of between you and us to assure the qual~ty our customer servlce or as requlred by applicable law

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brought by you aga~nst or,by us against you, may not be ioined or us, consol~datedIn arbmation w ~ t h Cla~ms brouqht by or against someone other than you, unless agreed to In w i t n g all palllei No arbitram award or declslon will have anv ~recluslve effect as to Issues or claims in any d'spute with anyorie who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including b n not limited to the "Continuation"provision below) and without waivlng elther paw's right to appeal such dec~slon, should anv oortion of this 'Restrictions on Ar6itmtion"~rovisionbe deemed inialid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Arbitration Procedures: This Arbitration Provision is made PUrSUant t O a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act. 9 U.S.C. Sections 1-16, as it may be amended ("FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of ~rivileoe recoanized at law and. at the timelv reouest of ether shdl prov~de br~ef a wrltten explanat~onof the bas~s for the decls~onThe arbltrat~onproceedingshall not be governed by any ~l Federal or state rules of c ~ vprocedure or rules of ev~denceElther party may subm~t request to the arbltrator to expand the scope of a d~scovery allowable under the appl~cable Code The party subrn~tbng such a request must prov~de copy to the other party, who may a subm~t object~ons the arb~trator ~ t h copy of the objections to w a provided to the requestlng party, w ~ t h l n days of recelvlng the 15 requestlng party's notlce The grantlng or den~al such a request of w ~ lbe In the sole d~scret~on the arb~trator,who shall not@ the l of parties of hlsher decls~on withln 20 days of the objecting party's submlss~onThe arb~tratorshall take reasonable steps to preserve the privacy of lndwiduals, and of business matters Judgment upon the award rendered by the arb~tratormay be entered In any court havlng jur~sd~ct~on arb~trator'sdec~s~on be flnal and blndlng, The will except for any r ~ g h of appeal prov~ded the FAA However, t by any party can appeal that award to a three-arb~tratorpanel admlr~~stered the same arb~tratlonwganlzatlon, whlch shall by cons~der anew any aspect of the lnlt~al award objected to by the appeallng party The appeallng party shall have 30 days from the award to not~fy the date of entry of the wrltten arb~trat~on arbsa.t~onorganlzatlon that ~tIS exerclslng the r~ght appeal of the organlzatlon In the The appeal shall be flled w ~ t h arb~trat~on organ~zat~on then notlfy will form of a dated wrltlng The arb~trat~on

the other paw that the award has been appealed The arb~trat~on organization will appolnt a thre~rhltrator panel that will conduct an arbltratlon pursuant to ~ t Code/aRd lssue Its declslon w~thln s 120 of days of the date of the appc?llanfsw r l m notlce The decls~on the panel shall be by majorlty vote and shall be f~nal blndlng. and Location of Arbitration/Payment of Fees:Any Brb~hatlon hearing that you attend shall take place In the federal judicial d~str~ctyour of res~dence.You w ~ lbe respons~ble paylng your share. ~fany, of l for the arb~trat~on (lncludin fillng, admln~stratwe,hearlng and/or fees other fees) prov~ded the !ode, to the extent that such fees do by not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the state or federal court closest to your residence that would have jurisdiction over the Claim, We will be responsible for paying the remainder of any arbitration fees. At vour written reouest, w e will consider in oood faith makina a ->--- , {emporary advance of all or part of your of the & i ;o n fees for any Claim initiate as to which you or we seek you arbitration, you will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us,
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Continuation: This Arbitratior~Provision shall survive termination of your Gift Card as well as voluntary payment in full of any Shortages, any legal proceeding by you or us to collect a debt owe by the other, and any bankruptcy by you or us Except as otherwise on above. ~fany provided in the "Restr~ctions Arbitration"prov~s~on portion of this Arbitration Provision (other than the 'Restrictions on Ar6itration"provision) is deemed invalid or unenforceable under any principle or provision of law or equity, it shall not invalidate the remaining portions of thls Arbitration Provision, these Terms and Condlt~ons any predecessor agreement you may have had w ~ t h or us. each of which shall be enforceable regardless of such ~nvalidlty.

Bpplitable Law

These T rms and Conditions and your Gift Card, and all questions about their legality, enforceab ity and interpretation, are governed by the laws of the State of New York. USA iwitnout reaard to internal . . principles of conflicts of law). The Gift Card is issued by American Express Travel Relared Services Company, lnc. 02006 American Express Travel Related Services Company, Inc.

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Exhibit No. 29

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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

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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

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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

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\

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

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Exhibit No. 30

Case 3:07-cv-04732-MJJ
1/14/03
4:25

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Filed 01/19/2008

Page 16 of 23

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