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 December 31, 2016. 
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 Cardmember 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 + 6.74% to Prime + 19.74% 
(APR) 10.49%to 23.49% 
(DPR) 0.028740% to 0.064356% 

Annual Percentage Rates for Balance Transfers 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 6.74% to Prime + 19.74% 
(APR) 10.49% to 23.49% 
(DPR) 0.028740% to 0.064356% 

Annual Percentage Rates for Cash Advances 

This APR will vary with the Market based on the 
Prime Rate. 

Prime + 6.74% to Prime + 20.74% 
(APR) 10.49% to 24.49% 
(DPR) 0.028740% to 0.067096% 

Paying Interest 

Minimum Interest Charge  

For Credit Card Tips from the 
Consumer Financial Protection Bureau 

Set Up and Maintenance Fees 

  Annual Fee 
  Travel Fee 

Transaction Fees   

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. 
If you are charged interest, then the Minimum Interest Charge 
will be no less than $2.00. 

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. 
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. 
$0 to $350 
NONE 

  Balance Transfer Advance Fee  

  Convenience Check Advance Fee 

Either $5 or 3% of the Transfer or Advance amount, whichever 
is greater (maximum fee (No Maximum)). 
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 

  Cash Equivalent Advance Fee 

(maximum fee (No Maximum)). 
Either $20 or 4% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Cash Advance Overdraft Protection 

Fee  

  Cash Advance ATM Fee 

  Foreign Transaction Fee 

Either $0 to $10 or 0% to 4% of the Advance amount, 
whichever is greater (maximum fee (No Maximum)). 
Either $10 or 4% of the Advance amount, whichever is greater 
(maximum fee (No Maximum)). 
Up to 3% of each foreign transaction amount. 

Account Fees 

  Late Fee  

  Return Payment Fee  

Up to $37 

$0 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  December  31,  2016.    American  Express  is  a  federally  registered  service  mark  of  American  Express  and  is  used  by  Elan  Financial  Services  pursuant  to  a  license.  In  this 
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 “the Issuer” 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 authorized by you uses the Card or Account, but no later 
than 30 calendar days after we issue and you fail to return the Card. 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 entire 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 treated 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  advances  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 Internet 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  checks,  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 to 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  government  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 under 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  Convenience  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 unpaid 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 consequential, 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  any  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  Offer  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  Advance.    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  existing  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 Protection 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 Overdraft 
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 Protection 
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 statements); (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 APRs 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 Street Journal on the last publication day before the date on which 
the  billing  cycle  closed  (in  other  words,  the  "statement  date").  Any  variable  rate 
adjustment based on an Index change will be effective as of the first day of the current 
billing  cycle,  and  will  apply  to  the  new  and  outstanding  Account  balances  and 
transactions subject to that variable rate. We reserve the right to choose a comparable 
new index if The Wall Street Journal ceases to publish a Prime Rate. The margin is the 
percentage we add to the Index to calculate the APR. The current applied Index value 
for your Account is 3.75%. 

Introductory and Promotional 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 of 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 the 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 the 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 interest, 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 the 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  Account.  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.  Credit  insurance  charges  are  not 
included  in  the  ADB  calculation  for  Purchases  until  the  first  day  of  the  billing  cycle 
following  the  date  the  credit  insurance  premium  is  charged  to  the  Account.  Prior 
statement balances subject 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 your 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 Account 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 Balance 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  Materials  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 Purchase 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 
Account 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 
Account  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 charge 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  for  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 terms 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 you 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 
transactions 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.   Extraordinary 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 may, 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 date 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 your 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 Balance (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 your 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  Account:  (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  $30.00,  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  obligation  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 check 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.  You  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 offer 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  about  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  closes  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 address. 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 agree 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 authorized 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  Account  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 closed 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 unauthorized 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 prior 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 currency, 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 Purchases, 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  Agreement  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  your 
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 settle 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 Account; 
(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 Account 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  he  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 Account 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 APRs 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  margin  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 notice 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 the 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 
Agreement 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 
delegate  your  obligations  and  responsibilities  to  us  to  any  third  party  without  our 
express written consent. 

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 

THE ISSUER’S LEGAL RIGHTS AND OBLIGATIONS 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(“Credit  Bureaus”)  and  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  Bureau  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.    You  will  also  receive a  copy  at 
least  once  annually  while  you  remain  our  customer.  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  how  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.  Monitoring 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  and  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 mobile 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 waive that right. 

43.  Arbitration Provision: 
(a)    You  agree  that  either  you  or  we  can  choose  to  have  binding  arbitration 
resolve any claim, dispute or controversy between you and us that arises from 
or  relates  to  this  Agreement  or  the  Account  and  credit  issued  thereunder 
(individually and  collectively,  a  "Claim").    This does  not apply  to  any  Claim  in 
which  the  relief  sought  is  within  the  jurisdictional  limits  of,  and  is  filed  in,  a 
small claims court.  If arbitration is chosen by any party, the following will apply: 
(1)  NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM 
IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN 
PRE-ARBITRATION  DISCOVERY,  EXCEPT  AS  PROVIDED  FOR  IN  THE 
APPLICABLE ARBITRATION RULES.  
(2)  Arbitration  will  only  decide  our  or  your  Claim,  and  you  may  not 
consolidate  or  join  the  claims  of  other  persons  who  may  have  similar 
claims.    YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  AS  A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS 
A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT 
TO ARBITRATION.  
(3)  The  arbitration  will  be  performed  in  accordance  with  this  Arbitration 
Provision and the rules of the chosen arbitrator in effect when the Claim is 
filed.   
(4)  The arbitrator’s decision will generally be final and binding, except for 
the limited right of appeal provided by the Federal Arbitration Act.  
(5)  Other rights that you would have if you went to court might also not be 
available in arbitration.  

(b)  The party commencing the arbitration may select to use either JAMS or the 
American  Arbitration  Association  ("AAA")  (or,  if  neither  of  these  arbitration 
organizations  will  serve,  then  a  comparable  substitute  arbitration  organization 
agreed upon by the parties or, if the parties cannot agree, chosen by a court of 
competent  jurisdiction).    If  JAMS  is  selected,  the  arbitration  will  be  handled 
according to its Streamlined Arbitration Rules unless the Claim is for $250,000 
or more, in which case its Comprehensive Arbitration Rules shall apply.  If the 
AAA  is  selected,  the  arbitration  will  be  handled  according  to  its  Commercial 
Arbitration  Rules.    You  may  obtain  rules  and  forms  for  JAMS  by  contacting 
JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the 
AAA at 1-800-778-7879 or www.adr.org.  Any arbitration hearing that you attend 
will take place in the federal judicial district where you reside.  At your request, 
we will advance your filing and hearing fees for any Claim you may file against 
us.  If  you  prevail  on  your  Claim,  we  will  pay  your  arbitration  costs  and  fees, 
other than attorney, expert and witness fees and expenses.  We will also pay any 
fees  or  expenses  that  applicable  law  requires  us  to  pay.    The  arbitrator  shall 
apply  applicable  substantive  law  consistent  with  the Federal Arbitration Act,  9 
U.S.C.  §§  1  through  16,  including  but  not  limited  to  applicable  statutes  of 
limitation, and shall honor claims of privilege recognized at law.  Judgment upon 
the  award  rendered  by  the  arbitrator  may  be  entered  in  any  court  having 
jurisdiction.  

(c) This Arbitration Provision shall survive repayment of your extension of credit 
and termination of your Account.  This Arbitration Provision shall be governed 
by federal law, including the Federal Arbitration Act,  and by  Ohio  law, without 
regard to its internal conflict of law principles, to the extent such state law does 
not conflict with  federal  law  or  this  Arbitration Provision.  Notwithstanding any 
language  of  this  Agreement  to  the  contrary,  should  any  portion  of  this 
Arbitration Provision be held invalid or unenforceable by a court or other body 
of competent jurisdiction, this entire Arbitration Provision shall be automatically 
terminated and all other provisions of this Agreement shall remain in full force 
and effect. 

Keep  this  document  for  future  use.    This  notice  tells  you  about  your  rights  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. 

YOUR BILLING RIGHTS 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  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. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the 
amount you question even if your bill is correct. 

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 Your 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 

 

delinquent on that amount. 
The  charge  in  question  may  remain  on  your  statement,  and  we  may 
continue to charge you interest on that amount. 

  While you do not have to pay the amount in question, you are responsible 

for the remainder of your balance. 

  We can apply any unpaid amount against your 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 believe  there  was  a mistake,  you will  have  to  pay  the  amount  in 
question, along with applicable interest and fees.  We will send you a statement 
of the amount you owe and the date payment is due.  We may then report you 
as delinquent if you do not pay the amount we think you owe.  If you receive our 
explanation  but  still  believe  your  bill  is  wrong,  you  must  write  to  us  within  10 
days telling us that you still refuse to pay.  If you do so, we cannot report you as 
delinquent without also reporting that you are questioning 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. 

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 faith 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. 

2. 

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.) 

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 think 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 

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