Cardmember Agreement for Elan Financial Services� AMEX� No Preset Spend Limit  
Accounts  
This credit card program is issued and administered by Elan Financial Services. This information is accurate as of September  30, 2021 . 
PLEASE NOTE that this information is provided for general information purposes only and is not specific to your Account.  See the Agreement 
that was provided for your Account and Card for more detailed information, including contact information.  
PRICING INFORMATION : Actual pricing will vary from one C ardmember to another . 
(APR  = Annual Percentage Rate)  
(DPR  = Daily Periodic Rate)  
Annual Percentage Rates for Purchases  
 
 
This APR  will vary with the Market based on the 
Prime Rate.  Prime + 8.74%  to Prime + 20.74%  
(APR ) 11.99 % to 23.99% 
(DPR ) 0.032849 % to 0.065726% 
Annual Percentage Rates for Balance Transfers  
 
This APR  will vary with the Market based on the 
Prime Rate.  Prime + 8.74%  to Prime + 20.74 % 
(APR ) 11.99 % to 23.99 % 
(DPR ) 0.032849 % to 0.065726 % 
 
Annual Percentage Rates for Cash Advances  
 
This APR  will vary with the Market based on the 
Prime Rate.  Prime + 8.74%  to Prime + 20.74 % 
(APR ) 11.99 % to 23.99 % 
(DPR ) 0.032849 % to 0.065726 % 
 
Penalty APR and When It Applies  There is no Penalty Rate for your Account.  
Paying Interest  
 Your due date is 24-30 days after the close of each billing cycle. 
We will not charge you interest on Purchases if you pay your 
entire balance by the due date each month.  We will begin 
charging interest on Advances and Balance Transfers on the 
transaction date.  
Minimum I nterest Charge  
 If you are charged interest, then the Minimum Interest Charge 
will be no less than $2.00.  
For Credit Card Tips from the  
Consumer Financial Protection Bureau  
 To learn more about factors to consider when applying for or 
using a credit card, visit the website of the Consumer Financial 
Protection Bureau at  
http://www.consumerfinance.gov/learnmore . 
Set Up and Maintenance Fees  NOTICE: Some of these set -up and maintenance fees will be 
assessed before you begin using your Card and based on your 
Revolve Limit, your initial available credit will be less.  
 
You may still reject this Account, provided that you have not yet 
used it or paid a fee after receiving a billing statement. If you do 
reject the Account, you are not responsible for any fees or 
charges . 
� Annual Fee  $0  
� Travel Fee  NONE  
Transaction Fees   
� Balance Transfer Advance Fee  Either $5 or 3% of the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)).  
� Convenience Check Advance Fee  Either $5 or 3% of the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)).  
� Financial Institution Cash Advance Fee  Either $10 or 4% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)).  
� Cash Equivalent  Advance Fee  Either $20 or 4% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)).    
 
 
 � Cash Advance Overdraft Protection 
Fee  Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)).  
� Cash Advance ATM Fee  Either $10 or 4% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)).  
� Foreign Transaction Fee  Up to 3% of each foreign transaction amount.  
Account Fees   
� Late Fee  Up to $40 
� Return Payment Fee  Up to $35 
 
How We Will Calculate Your Balance: We use a method called �average daily balance (including new purchases)�.  See 
the Agreement for more details.  
 
 
P. O. Box 6352  
Fargo, ND  58125  
 
Cardmember Agreement  
 
This is a cardmember agreement and disclosure statement (�Agreement�) between you 
and the Issuer  containing the terms that will apply to your Credit Card Account 
(�Account�) effective  September  30, 2021 .  American  Express is a federally registered 
service mark of American Express and is used by Elan Financial Services pursuant to a 
license.  In th is Agreement, �you�, �your" and �Cardmember� means each individual 
accepting a solicitation or applying for the Account or otherwise agreeing to be 
responsible for the Account. �We�, �us�, �our�, and � Cardmember Service � means  Elan 
Financial Services,  the issuer of the Card and your Account creditor. Please read this 
Agreement carefully and keep it in a safe place to make the best use of the credit cards 
we issue with this Account (�Card�). The Agreement becomes effective as soon as you 
or someone authorize d by you uses or activates the Card or Account. Even if the Card 
or Account has not been used or activated, the Agreement becomes effective unless 
you contact us within 30 days after you receive the Card by calling the number on the 
back of the Card to cancel your Account. This web Agreement does not replace the 
Agreement that is provided with the Account and Card .    
 
This Agreement contains an arbitration provision (including a class action 
arbitration waiver).  It is important that you read the ent ire Arbitration Provision 
section carefully.  
 
ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT  
 
1.  Personal Use: You may use the Account only for personal, family or household 
purposes. Federal or state consumer protection laws may not apply if you use the 
Account for other than personal, family or household purposes.  
 
2. Purchases: You may use the  Account to buy, lease or otherwise obtain goods or 
services from participating merchants (including transactions you initiate by mail, 
telephone or over the Internet), or take advantage of special promotional Balance 
Transfer offers that post as Purchase transactions (�Purchases�).  We will, in connection 
with any promotional offer we make from time to time, provide information on your Card 
carrier or in additional materials (the �Offer Materials�) that explain whether those 
transactions will post and be t reated as a Purchase.  Even if you have not signed a sales 
draft or the merchant has not supplied you with a written receipt or other proof of sale, 
you are responsible for all Purchases made through your Account, except as expressly 
limited by applicable law (see Your Billing Rights section below for more details).   
 
3. Advances: �Advances� are transactions other than Purchases that allow you direct 
access to funds available through your Account.  Advances may include Account 
transactions such as cash adva nces you obtain directly from us, automated teller 
machines (�ATMs�) or other participating financial institutions (�Cash Advances�). ATM 
and financial institution Advances include phone (automated phone system and 24 Hour 
customer service assisted) and In ternet transfers. Advances also include some Balance 
Transfers, Convenience Checks, FastCash, Overdraft Protection Advances and Cash 
Equivalent Advances.  �Cash Equivalent Advances� include transactions to acquire or 
initiate wire transfers, travelers chec ks, cashier�s checks, money orders, foreign cash 
transactions, casino gaming and betting transactions and lottery tickets.  Monthly 
Account statements we issue may refer to Advances as an Advance, Cash, Cash Advances, or by the product or device you used t o obtain an Advance.  Refer to the 
Account Fees section for details on Advance Transaction Fees.  American Express 
Cards are not presently accepted for the purchase of bets, lottery tickets (except where 
allowed for on -site sales of state and national gover nment lottery tickets at authorized 
retailers) or casino gaming chips.  
 
4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for 
Advances and that portion may vary from time to time. Although you may have credit 
available und er your Account, we may be unable to authorize an Advance. You may 
contact Cardmember Service to learn the portion of your Revolve Limit which is available 
for Advances.  
 
5. Convenience Checks: From time to time, we may supply Convenience Checks for 
use by  the person(s) or drawer named on those checks. �Convenience Checks� are 
drafts that look like other checks, but are drawn on credit available in your Account.  
Convenience Checks may not be offered for all Account types.  We will, in connection 
with any C onvenience Check we provide, include Offer Materials that will explain 
whether the Convenience Check will post and be treated as an Advance or as a Balance 
Transfer. Convenience Checks must be written in U.S. Dollars. We may return a 
Convenience Check unpa id if:  
(a) the credit available under your Revolve Limit is less than the Convenience Check 
amount;  
(b) the Account is in Default; or  
(c) the Convenience Check is improperly endorsed or otherwise fails to conform to our 
regularly accepted standards for check payment.  
Convenience Checks may not be used to pay your Account or any obligation you owe 
us or our affiliates.   
 
6. Paying and Stopping Payment on Convenience Checks: You must write to us or call 
to request that payment be stopped on a Convenience Check. You must call us promptly 
with an oral stop payment request and then provide us with a written confirmation of the 
stop payment request within 14 calendar days. Any written stop payment request we 
receive will remain in effect for 6 months, unless you renew the request in writing before 
the end of that time. We may pay Convenience Checks more than 6 months old. There 
may be circumstances under which a Convenience Check must be paid, even if we have 
received a stop payment request from you. We will not be liable to you if we do not honor 
your stop payment request under those circumstances. If it is determined that a 
Convenience Check should have been paid, but was not, we will not be liable for any 
conse quential, punitive or incidental damages if we acted in good faith. Our only 
obligation under those circumstances will be to pay the designated payee the amount 
of the Convenience Check and cancel any charges assessed against your Account as 
a result of an y wrongful failure to honor the Convenience Check.  
 
7. Balance Transfers: We may permit you to transfer balances and obligations that you 
owe other companies or financial institutions to your Account, subject to the terms and 
conditions disclosed in the O ffer Materials (�Balance Transfers�). Balance Transfers will 
post to your Account and be separately reflected on monthly Account statements as a 
Balance Transfer, or, depending upon the offer, may post to the Account and be treated 
as a Purchase or an Adva nce.  We will, in connection with any Balance Transfer offer 
we make, provide you with materials that explain how the Balance Transfer will post to   
 
 
 your Account and be reflected on monthly Account statements. You may not request 
Balance Transfers on existi ng obligations you owe us or our affiliates. If you request a 
Balance Transfer that would cause your Account to exceed its Revolve Limit, we may, 
at our option, (a) post the entire Balance Transfer requested to your Account; (b) post 
only a portion of the Balance Transfer requested to your Account up to the amount of 
credit available under the Revolve Limit; or (c) refuse to process the entire amount of 
the Balance Transfer requested.   
 
8. Overdraft Protection : This section is part of the Agreement only if  you have specifically 
requested and have obtained Overdraft Protection linking the Account with a designated 
checking account at a financial institution with which we are affiliated or with which we 
have a correspondent relationship. An �Overdraft Protect ion Advance� is an advance of 
funds to your designated checking account from this Account that will prevent overdrafts 
on your checking account.  You authorize us to make Overdraft Protection Advances 
from the Account as provided in this Agreement.  Any Ov erdraft Protection Advance will 
post and be disclosed as either a "Financial Institution Cash Advance" or an "Overdraft 
Protection Advance on your periodic statement, and will be subject to either a Financial 
Institution Cash Advance fee or an Overdraft Pr otection Advance fee, depending on how 
the Advance is processed.  An Overdraft Protection Advance will be made only once 
per day, and will be made in the amount determined by your financial institution 
(regardless of the specific overdraft amount). Please verify the amount of the Overdraft 
Protection Advance with your financial institution.  We may cancel Overdraft Protection 
privileges under the Account, even if the Account remains open for other purposes.  
 
INTEREST CHARGES AND ACCOUNT FEES  
 
9. Account INTEREST CHARGES: INTEREST CHARGES  reflect the cost of credit. 
Your total INTEREST CHARGE  for any billing cycle will equal the amount of any (a) 
periodic rate INTEREST CHARGES  (sometimes referred to as "interest" in this 
Agreement and on monthly Account stat ements); (b) Advance Transaction Fees; and 
(c) any other transaction fees that are considered INTEREST CHARGES .  
 
10. Interest Rate:  In this Agreement, we have abbreviated the terms � daily periodic 
rate� as DPR , �average daily balance � as ADB , and  �ANNUAL  PERCENTAGE RATE � 
as APR .  
(a) Standard Interest Rates -  
Rate for "Purchases" and "Balance Transfers": The DPR  for transactions posting as 
Purchases and Balance Transfers is equal to 1/365th of its corresponding APR . Rate 
for "Advances": The DPR  and corresponding APR  for transactions posting to the 
Account as Advances is equal to 1/365th of its corresponding APR .  
 
(b) Variable APR s are calculated by adding a margin to the Index. Your Variable DPR  
is equal to 1/365th  of the corresponding APR . Your DPR  and corresponding APR  may 
increase or decrease from time to time according to the movements up or down of the 
Index, which is the Prime Rate published in the "Money Rates" section of the Midwest 
Edition of The Wall Stree t Jou rnal on the last publication day before the date on which 
the billing cycle closed (in other words, the "statement date"). We reserve the right to 
choose a comparable new index if The Wall Street Journal  ceases to publish a Prime 
Rate. The margin is t he percentage we add to the Index to calculate the APR . The 
current applied Index value for your Account is  3.25%. Any variable rate adjustment 
based on a change to your margin will be effective as of the first day of the current billing 
cycle, and will apply to all new Account balances and  transactions subject to that 
variable rate. Any variable rate adjustment based  on a change to your Index will be 
effective as of the first day of the current billing cycle, and will apply to all new and 
outstanding Account balances and transactions subject to that variable rate. An increase  
or decrease to the Index or margin will ap ply to Purchase, Advance, and Balance 
Transfer balances and will result in an increase or decrease in the INTEREST CHARGE  
on the Account, an increase or decrease to your Minimum Payment, and an increase or 
decrease to your New Balance.  
 
Introductory and Pr omotional Rates : We may, at our option, offer you for a limited 
time  introductory or promotional interest rates for all or part of new Purchase, Advance, 
or Balance Transfers posted to your Account. We will tell you in the Offer Materials the 
introductory  or promotional rate and the period of time during which that rate will be in 
effect and any conditions or requirements of the offer. Unless the Offer Materials state 
otherwise, an introductory or promotional rate will remain in effect until the last day o f 
the billing cycle in which the introductory or promotional rate expires.  Any introductory 
or promotional rate that applies to new or outstanding Account balances will increase to 
the standard rate that would otherwise apply, or, when appropriate under t he terms of 
this Agreement, a Penalty Rate due to an Adjustment Event (as indicated above).    
 11. INTEREST CHARGE ; Method of Computing Balance  Subject to Interest  Rate : We 
calculate the periodic rate or interest portion of the INTEREST CHARGE  by multiplying 
the applicable DPR  by the ADB  (including new transactions) of the Purchase, Advance 
and Balance Transfer categories subject to interest, and then adding together the  
resulting interest from each category. We determine the ADB  separately for the 
Purchases, Advances and Balance Transfer categories. To get the ADB  in each 
category, we add together the daily balances in those categories for the billing cycle and 
divide th e result by the number of days in the billing cycle. We determine the daily 
balances each day by taking the beginning balance of those Account categories 
(including any billed but unpaid interest, fees, credit insurance and other charges), 
adding any new i nterest, fees, and charges, and subtracting any payments or credits 
applied against your Account balances that day. We add a Purchase, Advance or 
Balance Transfer to the appropriate balances for those categories on the later of the 
transaction date or the first day of the statement period. Billed but unpaid interest on 
Purchases, Advances and Balance Transfers is added to the appropriate balances for 
those categories each month on the statement date. Billed but unpaid Advance 
Transaction Fees are added to t he Advance  balance of your Account on the date they 
are charged to your Account.  Any billed but unpaid fees on Purchases, credit insurance 
charges, and other charges are added to the Purchase balance of the Account on the 
date they are charged to the Acco unt. Billed but unpaid fees on Balance Transfers are 
added to the Balance Transfer balance of the Account on the date they are charged to 
the Account. In other words, billed and unpaid interest, fees, and charges will be 
included in the ADB  of your Account  that accrues interest and will reduce the amount of 
credit available to you. To the extent credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees may be applied to your Account, such charges 
and/or fees are not included in th e ADB calculation for Purchases until the first day of 
the billing cycle following the date the credit insurance charges, overlimit fees, Annual 
Fees, and/or Travel Membership Fees (as applicable) are charged to the Account. Prior 
statement balances subjec t to an interest -free period that have been paid on or before  
the payment due date in the current billing cycle are not included in the ADB  calculation. 
There is a minimum INTEREST CHARGE  Fee in any billing cycle in which an 
INTEREST CHARGE  is due.  As described above, this Agreement provides for the 
compounding of interest on your Account.  
 
12. Paying Interest: You have a 24 to 30 day interest -free period for Purchases provided 
you have paid y our previous balance in full by the Payment Due Date shown  on your 
monthly Account statement. In order to avoid additional INTEREST CHARGES  on 
Purchases, you must pay your new balance in full by the Payment Due Date shown on 
the front of your monthly Accou nt statement. There is no interest -free period for 
transactions that post to the Account as Advances or Balance Transfers except as 
provided in any Offer Materials. Those transactions are subject to interest from the date 
they post to the Account until the  date they are paid in full.  
   
13. Advance Account Fees: You agree to pay the following Account fees and INTEREST 
CHARGES : 
(a) We may add an Advance Transaction Fee INTEREST CHARGE  to the 
Advance balance of the Account for each Advance you obtain during a billing 
cycle in addition to the interest that accrues on Advances. The Advance 
Transaction Fee imposed will equal the greater of either a percentage of each 
Advance or the minimum dollar amount, subject to the maximum dollar amount. 
(b) We may add a Bal ance Transfer Fee INTEREST CHARGE  to the Purchase 
balance of the Account except where Offer Materials specify otherwise.      
(c) We may add a Convenience Check Fee INTEREST CHARGE to the          
Advance balance of your Account  except where Offer Material s specify otherwise.  
(d) We may add an Overdraft Fee INTEREST CHARGE  to the Advance                                                     
balance of your Account, except where Offer Materials specify otherwise.  
   
14. Account Fees:  
(a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE  
for each Promotional Discount you receive during the billing cycle, as outlined in 
any Offer Materials  
(b) Annual Membership Fee. Each year, the Account may be subject to your 
payment in  advance of an Annual Membership Fee INTEREST CHARGE  which 
will compensate us for maintaining and servicing the Account for the following 
year. This fee will be charged to the Purchase balance of your Account.  
(c) We will add a Late Payment Fee to the Purc hase balance of the Account if 
your Minimum Payment is not received by the Payment Due Date shown on the 
monthly Account statement.   
(d) There is no Overlimit Fee on your Account.   
(e) We may add a Returned Payment Fee to the Purchase balance of the Accou nt 
if any payment on the Account is not honored or if we must return it to you because 
it cannot be processed. A check that is returned unpaid will be sent for collection.     
 
 
 (f) We will add a Duplicate Documentation Fee to the Purchase balance of the 
Accou nt for each copy of a monthly statement, sales slip, refund slip, or Advance 
slip that you request. There will be no charge for documentation requests made 
in connection with a billing error notice, if our investigation indicates a billing error 
occurred.  
(g) We may add a service charge to the Purchase balance of the Account if you 
call us to make a payment on your Account and are assisted by a Cardmember 
Service Representative to make the payment. You will be provided with 
confirmation of the service charg e before the payment transaction is authorized.  
(h) We may add a Stop Payment Check Fee to the Purchase balance of your 
Account if you request a stop payment on a Convenience Check.  (See "Paying 
and Stopping Payment on Convenience Checks" section above f or more details.)             
 
In no circumstance will your Late Fee or Returned Payment Fee ever be greater 
than your Minimum Payment due.  
 
IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT  
 
15. BalanceShield or Insurance Charges: Your purchase of BalanceShield debt 
cancellation or credit life insurance and disability is optional.  Whether or not you 
purchase BalanceShield or credit insurance will not affect your application for credit or 
the ter ms of any existing credit agreement you have with us.  If you elect to purchase 
BalanceShield or credit insurance and are eligible to participate, the monthly program 
fee or premium (at the rate disclosed to you) will be added to the Purchase balance as 
of the closing date of each billing cycle based upon the Account balance (including 
accrued INTEREST CHARGES ).  The terms of your BalanceShield coverage will be 
summarized in the BalanceShield Debt Cancellation Program Agreement, which will be 
provided to yo u upon enrollment. For credit insurance, the terms of your insurance 
coverage will be summarized in the Certificate of Insurance, which will be provided to 
you.  
 
16. Credit Limit: There is no predetermined Credit Limit for your Account. Individual 
transac tions are authorized based on factors such as Account history, credit record, and 
payment resources.  
a. Revolve Limit: Your Revolve Limit (for Purchases, Advances and Balance Transfers) 
is the total dollars available to you to carry over, less the minimum monthly payment 
from billing cycle to billing cycle as a revolving line of credit.  Your initial Revolve Limit 
is shown on the Card carrier.  We reserve the right to periodically re -evaluate your 
Account and increase or decrease your Revolve Limit.  
b.   E xtraordinary Purchases: If you are planning an out -of-pattern transaction or large 
ticket Purchase, you must inform us of the Purchase at least 2 business days prior, and 
no more than 60 days prior to the event via telephone.  
 
17. Payment: You must pay us in U.S. Dollars with checks or similar payment 
instruments drawn on a financial institution located in the United States.  We will also 
accept payment in U.S. Dollars via the Internet or phone or previously established 
automatic payment transaction.  We ma y, at our option, choose to accept a payment 
drawn on a foreign financial institution.  However, you will be charged and agree to pay 
any collection fees required in connection with such a transaction.  The date you mail a 
payment is different than the dat e we receive that payment.  For purposes of this 
Agreement, the payment date is the day we receive your check or money order at the 
address specified on your monthly Account statement or the day we receive your 
electronic or phone payment.  If you mail you r payment without a payment coupon or to 
an incorrect address, it may result in a delayed credit to your Account, additional 
INTEREST CHARGES , fees, and possible suspension of your Account.  
 
18. Minimum Payment: Each month, you must pay at least the Minimum Payment and 
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly 
Account statement. You may, at your option, pay more than the Minimum Payment or 
pay the New Balanc e (as stated on your monthly Account statement) in full to reduce or 
avoid the INTEREST CHARGE  for the Account. Your Minimum Payment will be 
calculated as follows: first we determine the "Base Minimum Payment", which is the 
greater of $30.00  or 1.00% of yo ur New Balance up to the Revolve Limit not including 
items (1) and (2) below , which, if not a whole dollar amount, will be rounded to the next 
highest dollar . To the Base Minimum Payment, we may add one or more of the following 
items, as incurred on your A ccount: (1) any late, annual and/or any other Account related 
fee, (2) the INTEREST CHARGE , and (3) if your Account is over the Revolve Limit, 
some or all of the balance amount over your Revolve Limit. If the resulting Minimum 
Payment is greater than $30.0 0, the total , if not a whole dollar amount, is  then rounded 
to the next highest dollar not to exceed your New Balance. Any Minimum Payment or 
additional amount you pay each month will not prepay any future Minimum Payments 
required, or change your obligati on to make at least a Minimum Payment by the Payment Due Date.   Any statement credit that results from a promotional offer or 
rewards redemption, if applicable, will only be applied to the Account balance and not 
satisfy any portion of the Minimum Payment requirements for this Account.     
 
19. Payment Application:  If we cannot collect on your check or other payment item you 
send us to pay on your Account, we may post as an Advance transaction an amount 
equal to the credit previously given to you for such c heck or payment item and we may 
charge interest on this amount from the date your Account originally was credited for the 
payment. After a payment has been made, we reserve the right to withhold available 
credit in the amount of the payment for 7 business days. Any credit available before the 
payment is made will continue to be available for use during this time.  
 
20. Skip Payment Option: We may, at our option, occasionally offer you an opportunity 
to skip your obligation to make the Minimum Payment due. Yo u may not skip payments 
unless we make this offer to you.  If we offer you an opportunity to skip a payment more 
than once in a 12 month period, you will not be permitted to skip payments required in 
consecutive months. You cannot accept a skip payment off er if your Account is 
delinquent, or is in Default. When you take advantage of a skip payment offer, the 
interest will continue to accrue on the entire unpaid balance of your Account.  
 
21. Change of Address: Your monthly Account statements and notices abo ut your 
Account will be sent to the address you provided in your application or your response to 
our Account solicitation. To change your address, you must call us or write to us. We 
must receive this information 21 days before the date a billing cycle clo ses to provide 
your monthly Account statement at your new address.  If you have an address change 
within 45 days of the expiration date of your Card(s), please contact Cardmember 
Service with your new address so your new Card(s) can be mailed to your new a ddress.  
We may also update your address in our records without a request from you if we receive 
an address change notice from the U.S. Postal Service or if we receive updated address 
information from our mail services vendor.  
 
22. Authorized Users: You agr ee not to allow access to your Card, Account number, 
Convenience Checks, or personal identification number (PIN) to anyone else to use your 
Account, except by asking us to issue a card to grant Account access to another person.  
If you allow access to your  Card or Account information, you will be liable for any charges 
made by that person, unless and except as expressly required by applicable law.  You 
agree to be responsible for all Account transactions made by a Cardmember, or anyone 
who you have authoriz ed by (a) asking us to issue a Card to grant Account access to 
another person; (b) lending your Card to or allowing Account access by another person; 
or (c) any other way in which you would be legally considered to have allowed another 
person to use your A ccount or to be legally prevented from denying that you did so.  Be 
cautious when allowing another person to become an authorized user of your Account; 
once you allow authority to any authorized user you cannot limit that authority unless 
the Account is cl osed to future transactions.  You, as a primary or joint Cardmember 
must call or write us with any request to cancel and remove a person�s authority. We will 
not provide any Account information to anyone other than you and any Authorized 
Users.  Authorized  Users have  no right to make any Account changes or inquiries.  
 
23. Lost or Stolen Card or Other Information: You must notify us immediately by 
telephone or in writing if your Card, Convenience Checks, or PIN is lost or stolen or there 
is possible unauthor ized use of your Card, Account, or PIN. You will not be liable for 
unauthorized use of your Account.  If this happens, we will ask you and all other persons 
given Account access to return all Cards and unused Convenience Checks to us. In 
addition, we have the right to close your Account and open a new Account. If we do so, 
new Cards will be issued.  If requested, we may issue a new PIN and new Convenience 
Checks for your new Account.  
 
24.  Using Your Card for International Transactions:   
You may use your Card for Purchases at foreign merchants and for cash withdrawals 
from foreign ATMs that display the American Express logo. (To find your nearest ATM 
please visit www.americanexpress.com/atmlocator .)  If you make a charge or cash 
withdrawal  in a foreign currency, American Express will convert it into U.S. Dollars on 
the date that American Express or American Express� agents process it, which may be 
different than the date of the transaction.  Unless a particular rate is required by law, the 
rate American Express uses to convert transactions in foreign currencies to U.S. Dollars 
is no more than the highest official rate published by a government agency or the highest 
interbank rate from customary banking sources on the conversion date or the p rior 
business day.  This rate may differ from the rates that are in effect on the date of your 
charge or withdrawal.  Charges that are converted directly by a merchant (such as 
airlines) will be at the rates they use.  If your transaction is in a foreign c urrency, we will 
add a Foreign Transaction Fee INTEREST CHARGE  of up to 3% of the Purchase 
transaction  or up to 3% of the ATM transaction. If you make a transaction in U.S. Dollars   
 
 
 outside the United States (including charges made from websites outside the  United 
States), we will add a Foreign Transaction Fee INTEREST CHARGE  of up to 3% of the 
Purchase transaction  or up to 3% of the ATM transaction.  
 
YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT  
 
25. Responsibility to Pay: You agree to pay us for all Purchas es, Advances, Balance 
Transfers, INTEREST CHARGES , Account Fees and charges, any other transaction 
charges as provided in this Agreement and, to the extent permitted under applicable 
law, attorneys fees and collection costs we incur enforcing this Agreemen t against you. 
This is the case even if your Account is only used by one of you, or is used by someone 
authorized by only one of you. If there is more than one Cardmember, each of you is 
responsible, together and separately, for the full amount owed on you r Account. Your 
obligation to pay the Account balance continues even though an agreement, divorce 
decree, court judgment, or other document to which we are not a party may direct 
another person responsible to pay the Account.    
 
26. Intent to Repay: Every time you use your Account, you represent to us that you 
intend to and have the ability to repay your Account obligations. We rely on this 
representation every time you use your Account.  
 
27. Settling a Disputed Balance; Payment in Full: If you want to sett le a disagreement 
with us about any amount you owe by sending a check on which you have written 
"Payment in Full" or similar language, you must send us a written explanation of the 
disagreement or dispute and any such check to Cardmember Service. (See Your  Billing 
Rights section below for complete details.) This address is different than the address 
you use to make Account payments. Writing �Payment in Full� or similar language on 
the check will not be enough to resolve the dispute. If we collect a check or  any payment 
instrument marked �Payment in Full� that you sent to an address other than the one 
provided in this section (such as the address at which you normally make payments), 
we will not have waived our right to collect any remaining amount you owe us  under the 
terms of your Account.  
 
28. Default: You and your Account will be in Default if:  
(a) we do not receive the Minimum Payment by the Payment Due Date disclosed 
on the monthly Account statement;  
(b) you violate any other provision of this Agreement ;  
(c) you die without a surviving joint Cardmember;  
(d) you become insolvent, assign any property to your creditors, or go into 
bankruptcy or receivership;  
(e) you have made false statements on your Account application or in the 
maintenance of your Accoun t; 
(f) we have any reason to believe that your Account is in danger of, or is being 
used for fraud;  
(g) you are a married community property state resident and you or we receive a 
written termination notice of this Agreement from your spouse;  
(h) your Acc ount becomes inactive;   
(i) anything happens that we believe in good faith materially increases the risk that 
you will not live up to your payment and other obligations under this Agreement; 
or 
(j) this is a joint Account and one of you notifies us that h e or she wants the 
Account closed or will no longer be liable on the Account.  
 You and your Account may also be in Default if you make transactions which go over 
your Revolve Limit.  
 
29. Illegal Purchases: You agree that you will not use or permit an Authorized User to 
use the Card or Account for any unlawful purpose, such as funding any account that is 
set up to facilitate online gambling.   
 
 
 
 
OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT  
 
30. Ownership of this Account: Your Card and any other A ccount access devices that 
we supply to you are our property and must be immediately returned to us or our 
designated agent or otherwise destroyed or surrendered as we instruct.  
 
31. Changes to your Account: Account and Agreement terms are not guaranteed for any 
period of time; we may change the terms of your Agreement, including APR s and fees, 
in accordance with applicable law and the terms of your Agreement. Your transactional experience with us may also cause a change, including an increase in the margi n that 
is added to the Index, an increase in fees, or a decrease in the Revolve Limit. Factors 
considered in determining the increased rate or Revolve Limit decrease may include 
your general credit profile, existence, seriousness and timing of the defaults  under any 
agreement that you have with us, and other indications of the Account usage and 
performance. We will give you notice of any such change in the manner required by law. 
Revised Account terms apply as of the effective date communicated in our notic e to you 
unless the notice provides you with the right to opt out, and you do opt out, before the 
effective date.   
 
32. Cancellation of Your Account: We may cancel your Account or suspend your ability 
to obtain Account credit immediately, without notice, if your Account is in Default. Even  
if you are not in Default, we may cancel your Account by providing notice to you. You 
may cancel your Account by notifying us by telephone or in writing. If this is a joint 
Account, we will honor a request by either of you to cancel the Account. After the 
Account is cancelled, you will not be able to obtain additional Account credit, except 
that, (a) the Account may continue to receive recurring charges for items and services 
until you contact and cancel delivery with th e company providing the item or service, or 
(b) under certain circumstances if you use your Account for a transaction, the transaction 
may be posted to your Account.  After your Account is cancelled, all amounts 
outstanding on your Account will be due and payable without notice or demand from us. 
You must cut all Cards and Convenience Checks in half and return them to us.  If you 
do not pay the amount you owe under this Agreement, you will be liable for our collection 
costs including our reasonable attorney  fees and expenses of legal actions, to the extent 
permitted by applicable law.  
 
33. Assignment of Your Account to Another Creditor: We may assign, sell or transfer 
your Account and amounts owed by you to another creditor at any time. If we do, this 
Agreem ent will still be in effect unless and until amended, and any references made in 
this Agreement to �we�, �us�, or �our� will refer to the creditor to which we assigned, sold 
or transferred your Account or amounts owed under your Account. You may not delega te 
your obligations and responsibilities to us to any third party without our express written 
consent.  
 
THE ISSUER�S LEGAL RIGHTS AND OBLIGATIONS  
 
34. Collecting Credit Information about You: You authorize us to make any credit, 
employment and investigative inquiries we feel are appropriate related to giving you 
credit or collecting amounts owed on your Account. You agree that a consumer credit 
report may be requested periodically from one or more consumer reporting agencies 
(�Credit Bureaus�) a nd used in connection with your application and any update, renewal 
or extension of credit. We will provide information about you, your Account or your credit 
history to Credit Bureaus and others who may properly receive that information.  
 
35. Credit Burea u Disputes: If you believe we inaccurately reported credit history 
information about you or your Account to a Credit Bureau, write to the Consumer 
Recovery Department, Attn.: CBR Disputes, P.O. Box 108, St. Louis, MO  63166 -9801.  
 
36.  Privacy Pledge and Disclosure of Account Information: A copy of our Privacy Pledge 
was included with your original Agreement.  We also keep copies of our Privacy Pledge 
in financial institution offices and post it on our web site.  Our Privacy Pledge describes 
how we collect , protect and use confidential financial and other information about you 
and the circumstances in which we might share information about you with members of 
our corporate family and with unaffiliated third parties. Our Privacy Pledge also tells you 
how you  can (a) limit the ways we share certain kinds of information about you and (b) 
request corrections to the information we maintain about you.  
 
37. Refusal to Honor Transactions: We and our agents are not responsible if anyone 
refuses to honor your Card or a Convenience Check, or if authorization for a particular 
transaction is not given. Although you may have credit available under your Account, 
we may be unable to authorize credit for a particular transaction. The number of 
transactions you make in one day may be limited, and the limit per day may vary. These 
restrictions are for security reasons and as a result we cannot explain the details of h ow 
this system works. If your Account is over the Revolve  Limit or delinquent, authorization 
of credit for transactions may be declined. We are not responsible for anything 
purchased with your Card or a Convenience Check, except as expressly required by 
applicable law (see Your Billing Rights section below for more details). You must return 
goods you purchased with the Card or Account to the merchant and not to us.  
 
38. Third Party Offers: From time to time, third parties may provide you with benefits not 
related to the extension of Account credit. We are not liable for these features, services 
and enhancements, as they are the sole responsibility of the third party provider. We   
 
 
 and/or a third party may add, change or delete entirely these benefits without notice or 
liability to you, to the extent permitted by applicable law. You agree to hold us harmless 
from any claims, actions or damages resulting from your use of any of these features, 
services or enhancements, where permitted by applicable law.  
39. Moni toring and Recording Communications: You understand and agree that we, and 
anyone acting on our behalf, may monitor and/or record any communications between 
you, or anyone acting on your behalf, and us, or anyone acting on our behalf, for quality 
control a nd other purposes.  You also understand and agree that this monitoring or 
recording may be done without any further notice to you or anyone acting on your behalf.  
The communications that may be monitored or recorded include telephone calls, cellular 
or mo bile phone calls, and any other communications in any form.    
 
40. Severability: If a court of competent jurisdiction finds any part of this Agreement 
illegal or unenforceable, the remaining portions of the Agreement will remain in effect as 
written after  any such illegal or unenforceable portion is amended in conformance with 
applicable law or, if necessary, voided.  
 
41. Entire Agreement: This version of the web Agreement replaces any previous 
versions of the web Agreement. The Agreement, as modified by any change in terms 
we may deliver from time to time in accordance with applicable law, constitutes the entire 
agreement between you and us, and supersedes any prior negotiation, agreement, or 
understanding between you and us concerning the subject matter of the Agreement.  
 
42. Waiver: We do not give up our rights under the Agreement or applicable law when 
we fail to exercise or delay exercising those rights. Our failure or delay to exercise any 
right or remedy we have against you does not mean that we wai ve that right.  
 
43. Mobile Authentication:  To help us verify your identity, you authorize your wireless 
operator (AT&T, Sprint, T -Mobile�, US Cellular�, Verizon, or any other branded 
wireless operator) to use your mobile number, name, address, email, netw ork status, 
customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) 
and other subscriber status details, if available, to allow us to verify your identity, and 
to compare information you have provided to us with your wireless operator account 
profile information for the duration of our relationship.   See our Privacy Pledge for 
more information of how we treat your data.  
 
44.  CELLULAR PHONE CONTACT POLICY:    By providing us with a telephone 
number for a cellular phone or other wireless device, including a number that 
you later convert to a cellular number, you are expressly consenting to receiving 
communications �including but not limited to prerecorded or artificial voice 
message calls, text messages, and calls made by an automa tic telephone dialing 
system �from us and our affiliates and agents at that number. This express 
consent applies to each such telephone number that you provide to us now or in 
the future and permits such calls for non -marketing purposes. Calls and 
messages may incur access fees from your cellular provider.   You understand 
and agree that, if your Account has been assigned, sold, or transferred to us, 
we, as the successor -in-interest, and our affiliates and agents, have your prior 
express consent to call you u sing prerecorded or artificial voice message calls, 
text messages, or an automatic telephone dialing system at any telephone 
number(s) you may have provided to any previous creditor(s), or which may 
have otherwise been associated with your Account prior to  its assignment, 
transfer, or sale to us.  
 
45.  Arbitration Provision:  
RESOLUTION OF DISPUTES BY ARBITRATION  
PLEASE READ THIS PROVISION CAREFULLY.  UNDER THIS PROVISION, YOU 
WAIVE YOUR RIGHTS TO TRY ANY COVERED CLAIM IN COURT BEFORE A 
JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER 
REPRESENTATIVE ACTION.   
The following provision applies to any cl aim, cause of action, proceeding, or any other 
dispute between you, on the one hand, and us, our respective parents, subsidiaries, 
affiliates, agents, employees, predecessors -in-interest, personal representatives, heirs 
and/or successors, and assigns, on t he other hand (each a �Claim� as further defined 
under the heading �Claims Covered by Arbitration�), including all questions of law or 
fact related thereto.  
Agreement to Arbitrate  
Either you or we may elect in writing, and without the consent of the other , to arbitrate 
all Claims covered by this provision.  
Claims Covered By Arbitration  
Claims subject to our agreement to arbitrate shall include all of the following: (1) 
Claims related to or arising out of this Agreement, or any prior or later versions of this 
Agreement as well as any changes to the terms of this Agreement; (2) Claims rela ted to or arising out of any aspect of any relationship between us that is governed by this 
Agreement, whether based in contract, tort, statute, regulation, or any other legal 
theory; and (3) Claims that relate to the construction, scope, applicability, or  
enforceability of this arbitration provision.  Claims include Claims that arose before we 
entered into this Agreement (such as Claims related to advertising) and after 
termination of this Agreement.  
Claims Not Covered By Arbitration  
Claims subject to our agreement to arbitrate shall not include (1) any Claim you file in 
a small claims court, so long as the Claim remains in such court and advances only an 
individual claim for relief, and (2) Claims asserted by way of a cross claim, 
counterclaim or any simil ar device against a party who has initiated a proceeding in 
court or other non -arbitral forum by any other party to that proceeding.   
Commencing an Arbitration  
The party initiating arbitration must choose one of the following arbitration forums to 
adminis ter the arbitration:  
� The American Arbitration Association (�AAA�) under AAA�s Consumer 
Arbitration Rules, except as modified by this Agreement.  AAA�s Rules 
may be obtained from www.adr.org  or 1-800-778-7879 (toll -free).   
� JAMS/Endispute (�JAMS�) under JAMS� Comprehensive Arbitration Rules 
& Procedures or Streamlined Arbitration Rules & Procedures, including 
JAMS� Consumer Minimum Standards, except as modified by this 
Agreement.  JAMS� Class Action Procedures shall not app ly.  JAMS� rules 
may be obtained from www.jamsadr.com  or 1-800-352-5267 (toll free).  
If the chosen arbitration forum is for any reason unable to serve, then the parties may 
agree to a comparable substitute organizatio n.  If the parties are unable to agree, then 
a court of competent jurisdiction shall appoint a substitute organization.   
Arbitration Procedure  
The arbitration shall be decided by a single neutral arbitrator selected in accordance 
with AAA�s or JAMS� rules , as applicable.  The arbitrator will decide the dispute in 
accordance with the terms of our Agreement and applicable substantive law, including 
the Federal Arbitration Act and applicable statutes of limitation.  The arbitrator shall 
honor claims of privil ege recognized at law.  The arbitrator may award damages or 
other relief (including injunctive relief) available to the individual claimant under 
applicable law.  The arbitrator will not have the authority to award relief to, or against, 
any person or enti ty who is not a party to the arbitration.  The arbitrator will take 
reasonable steps to protect customer account information and other proprietary or 
confidential information.  Any arbitration hearing shall take place in the federal judicial 
district that includes your home address, unless you and we agree in writing to a 
different location or the arbitrator so orders.  If all Claims are for $10,000 or less, you 
may choose whether the arbitration will be conducted solely on the basis of documents 
submitted to the arbitrator, through a telephonic hearing, or by an in -person hearing in 
accordance with AAA�s or JAMS� rules.  
At your or our request, the arbitrator will issue a reasoned written decision sufficient to 
explain the essential findings and conclusions on which the award is based.  The 
arbitrator�s award shall be final and binding, subject to judicial review only to the extent 
allowed under the Federal Arbitration Act.  You or we may seek to have the award 
vacated or confirmed and entered as a judgment i n any court having jurisdiction.  
No Class Action or Joinder of Parties  
You and we agree that no class action, private attorney general, or other 
representative claims may be pursued in arbitration, nor may such action be pursued 
in court if either you or w e elect arbitration.  Unless mutually agreed to by you and us, 
Claims of two or more persons may not be joined, consolidated, or otherwise brought 
together in the same arbitration (unless those persons are joint account owners or 
beneficiaries on your acco unt and/or related accounts, or parties to a single 
transaction or related transaction).  If this specific paragraph is determined by the 
arbitrator to be unenforceable, then this entire provision shall be null and void.   
Arbitration Costs  
Unless the appl icable arbitration rules at the time of filing a Claim are more favorable 
to you, we will advance (i) all arbitration costs in an arbitration that we commence, and 
(ii) the first $2,500 in arbitration filing, administration, and arbitrator�s fees in an 
arbitration that you commence.  To the extent allowed by applicable law and our 
agreements, the arbitrator may award arbitration costs and attorneys� fees to the 
prevailing party.  
Applicable Law  
You and we agree that you and we are participating in transactio ns that involve 
interstate commerce and that this provision and any resulting arbitration are governed 
by the Federal Arbitration Act.  To the extent state law applies, the laws of the state 
governing your account relationship apply.  No state statute pert aining to arbitration 
shall apply.  This Arbitration Provision shall not apply to a party who is a covered 
borrower under the Military Lending Act.    
 
 
 Severability  
Except as this provision otherwise provides, if any part of this provision is deemed to 
be invalid or unenforceable by the arbitrator, that part will be severed from the 
remainder of this provision and the remainder of this provision will be enforced.  
 
YOUR BILLING RIGHTS  
 
Keep this document for future use.  This notice tells you about your righ ts and  our 
responsibilities under the Fair Credit Billing Act.  
 
What to Do If You Find a Mistake on Your Statement:  
If you think there is an error on your statement, call or write to us . 
  
 In your letter  or call , give us the following information:  
� Account information: Your name and Account number . 
� Dollar amount: The dollar amount of the suspected error.  
� Description of problem: If you think there is an error on your bill, describe what 
you believe is wrong and why you believe it is a mistake.  
 
You must contact us:  
� Within 60 days after the error appeared on your statement.  
� At least 3 business days before an automated payment is scheduled, if you 
want to stop payment on the amount you think is wrong.  
 
What Will Happen After We Receive Yo ur Letter  or Call : 
When we receive your letter  or call , we must do two things:  
1. Within 30 days of receiving your letter  or call , we must tell you that we received 
your letter.  We will also tell you if we have already corrected the error.  
2. Within 90 days of receiving your letter  or call , we must either correct the error or 
explain to you why we believe the bill is correct.  While we investigate whether or 
not there has been an error:  
� We cannot try to collect the amount in question, or report you as de linquent 
on that amount.  
� The charge in question may remain on your statement, and we may 
continue to charge you interest on that amount.  
� While you do not have to pay the amount in question, you are responsible 
for the remainder of your balance.  
� We can appl y any unpaid amount against your Revolve Limit.  
 
After We Finish Our Investigation, One of Two Things Will Happen:  
� If we made a mistake, you will not have to pay the amount in question or any 
interest or other fees related to that amount.  
� If we do not beli eve there was a mistake, you will have to pay the amount in 
question, along with applicable interest and fees.  We will send you a statement 
of the amount you owe and the date payment is due.  We may then report you as 
delinquent if you do not pay the amou nt we think you owe.  If you receive our 
explanation but still believe your bill is wrong, you must write to us within 10 days 
telling us that you still refuse to pay.  If you do so, we cannot report you as delinquent without also reporting that you are qu estioning your bill.  We must tell 
you the name of anyone to whom we reported you as delinquent, and we must let 
those organizations know when the matter has been settled between us.  
 
If we do not follow all of the rules above, you do not have to pay the f irst $50 of the 
amount you question even if your bill is correct.  
 
Your Rights If You Are Dissatisfied With Your Credit Card Purchases:   
If you are dissatisfied with the goods or services that you have purchased with your 
Card, and you have tried in good f aith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on the purchase.  To use this 
right, all of the following must be true:  
1. The purchase must have been made in your home state or within 100 miles of 
your current mailing address, and the purchase price must have been more than 
$50. (Note: Neither of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods 
or services.)  
2. You must have used your credit card for the purchase. Purchases made with cash 
advances from an ATM or with a check that accesses your credit card Account   
do not qualify.  
3. You must not yet have fully paid for the purchase.  
 
If all of the criteria above are  met and you are still dissatisfied with the purchase, contact 
us in writing. While we investigate, the same rules apply to the disputed amount as 
discussed above.  After we finish our investigation, we will tell you our decision. At that 
point, if we thin k you owe an amount and you do not pay, we may report you as 
delinquent.  
 
SPECIAL RULES FOR CREDIT CARD PURCHASES DO NOT APPLY TO 
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER 
CHECKS.  
 
z15_ELAN_ AMEX                                                                                                                                                           NO_PRESET_SPEND_LIMIT