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Coligfatulation~ and Wek:nme! We ha~ ope!led °a ~ or MasteiCard credit Gatd account in your name (the "Aooolri"}. This brochtie tels you how jI(U Account w9fks and __ as your Account Agmemenlln this AgT\lOO1e!It. "Jull~ and ')'oor" mean each p!lf$OO fOf whom we have ope;red this Acoount. "We:"auf,'·~ and 'us" _~u1u31 BllIlls.Jhe issuer of your card The enclosed Temm Shoot OOSCOlilteresf ",Ies, feel', and certain other terms of 'jQlJr AACOtIlll This Agreement includes yOUI' Credit application. the cardmai!er that we send with your credit card, and the Tenns Sheel You should mad all of this infotmatiGn carefully and keep it for your records. Any use ofti1isACGOU!\t ooostitules llCOOptance of ~ ~ment

< 1. How to Use Your Accooot.

Using Your Card. You Gall use your Aooount to ~ pl.ln::hases of goods and services wherever Visa or. MasterCard credit . cards are honored ("Purchases") and get cash advanceslrom a participating financial institution or automated teller machine (ATM) ("Cash Advances")_ Charges {or cash equivalents such as money orders, travelers checks, foreign currency. Iottef)' tickets, casino gaming chips, and the like are Cash AdvaJ?ces. You may have the opportunity 10 use your Account for saiaooe Transfen; and other special promotional offers we may make from lime {olime ("PromOtiooaI Offers"). The terms of any Promotional Offer will be disclosed to you at the time the offer is made. The Account may only be used fur personal. fumiIy, or household purposes. The Account may not be used for Hlegal aclivi!ies; for Internet gambling. odor a b~ss oroommercial~.

Cbei:ks. We may olfer you special cnecbrthat let you access your Account ("Checks"). Transactions invoMng Checi<s are C;lshAdvances unless we tel! you otherwise. If 1'00 or someone <to whom you write a CIw¢k (a 'Payee"} presents a Chook to us af.N?f the oovnter" for. cash, we may refuse payment-if we do, you agree that our refusal W!ltnot oonstilUlewroogful disOOoor and that we will not be respon$bje for ~ages to you Of t~ lhePayM.

2; Your Credit Une. Your inilia! Credit line is $hown on the eardmailer:·Eaci1 Account bi~ing statement will show your Credit Line, the portion of your Credit Une that may be used for Cash Adr.;OOeS (your "Cash 1.ine1. and your avallable aedit.!IS of the Slatenient Date. Each day, your avallabla aedit may chan;ge depending OJ'I your Account ~s,e\len if a transaction is.not yet included in )"Qur batance. For ex!.tfIlP!e, when yoouse your kcount to reserve a rental car or hotel room, your roserva!ian may reduCe your IMIilable credit. If the ChooI<:a are trn:mld as Cash Advances, 100)' wit not be subject to the Cash lioo fmils. Howe¥er, il you choose 10 use a Cbeck,it will decrease the arnotlfjt you have availabl& for Cash Ad'la00e9.

We may inGfease or IQwer your-Credit line 0< 'fO'J' Cash·1.ine based on Account acli'lity, your credit records, or GlOOr infurmation. We will !at yoo know whooe>ref we cballge your Cmdit line 01' Cash line, !ll!d in the event of <a line . decn=e. we will proVIOO you with an oppGI1Unilyto receive an ~lanatioo fur our action, as required by law. However. for credit risI> ~ reasons, you may not reoeive ~ noIioe of the aOOon. III addition, there may be a !ltniton ~·Cash A~ yoU il1aytaKeat onetime that is lower than.your Cash Une (the "Cash TranSaction Umit"). If yom Account has a ~ . Tl3l'IsacUoo 11mIt.. it is !lhown 00 the Terms SheeL Jhere is also a daily limit on Ih(! Cash ~ you may obtain from$!1 ATM (lhe "AIM limit') 3$ dlown on the T«ms Sheet You may !KIt exceed your Credit line, ~Une, Cesf!. Transaotion Umit; or ATM !.imlt. ruid we may decline an)! imnsac!iQn that would cause you to do so,·1f yoo exceed jour Qedit line or QJsh tiOO, you must pay any overlimit amountimmedialely when we ask you fer it, and an Overlimit Fee

may apply (see section 51, < •• •

Una Increase Offers. Your Ac<;oont wil! be automa!ically levl.ewed for a highei' Q:edit I..ioo, <~.00 Account act.ivilyt your credit tecOrds; Of pIner infoonation (whICh may iocIuda your income; please be sure to let us know if yourinCOl!l& cllanges).

3. 'lour Promise to Pay Us; 'fOOl Payments.

atiling Statements. Each mMln that your Account has a balance, ~e wal send you a biDing statement or, if law or regul"l~ allows, '!'Ie may proVIde y~u with an online statement at any Internet Web sae we designate { Weh $lIe 1. We may stop sending billing statements if your h;coUl11 Ag~nl becomes seriously delinqutlfli or if mailing the biiing st:Jlemet'lt would violate federal law. Each statement wiH show aI! new transaciions, fees. cl1arges, payments. and credits that post to your Account in the bming cycle.

Minimum Payment You will send us in U.S. dollars at lea~ the Minimum Payment by the Payment Due Dale accoo:!ing to the payment instruetrons on your statement or at our Web site. Tra'leler's checks cannot be used to pay your Account,

For each billing cycle, your Minimum Payment wiH be the total of: (1) any past due amount and (2} a percentage (the "Payment Percentage') either of the New Balance shown on your statement or, at Our option. of the N~ Balance less afl'J late fees assessed during the cycle. The way we detarmine tim Payment Percentage isdescribed below. The Minimum Payment may also include any overlimit amount and any late, overlimit, or returned payment fees assessed duril1{j the cycle. The Minimu.-n Pllj'ffieni 'Hili not be less than $15 (unless your New Balance is less than $15. in which case lhe Minimum Payment wift equal the New Balance).

For each cycle, we. determine the Payment Pt>-fccntage based on your "Weighted Average APR' for the previous cycle. We calculate the Weightild Average APR for a billing cycle as follows. Rrs!, we mu!tip~ the APR lor each Balance Category by your Account balance for lhat Balance Category at the end of the cycle. Next. we add Ihe' resulting amounts lor all Balance Categories. Finally, we divide this total by your New Balance. The result is the Wto;gh1ed Average APR. If your New Balance is zero, the Weighted Average APR will equal your APR for Purchases.

To compute the Payment Percentage for your lirst billing cycle, we wiH use the APR for Purchases in your first billing cycle as the Weighted Average APR for the previous (nonexistent) cycle.

The Payment Percentage is then computed as follows:

If your Weighted Average APR Then your Payment Percentage

lor the previous cycle was: for the current cycle will be:

Less than 12% 2%

Alleasl 12% but tess than 1 S'l4:J 2.5%

At least 18% but less than 24% '3%

AI least 24% but less than 30% 3.5%

30% Of greater 4%

You may at any time pay more than fue Minimum Payment Due Of pay off your entire balance in filII without Incurring any additional charge for prepayment. No matter how \;:lrge your payment in one- billing oyoIe, you will need to make a payment in the following cycle if }'Ou have a halanoe. Your Payments. When you use a checl<ing account to make a payment, funds must be drawn on a U.S. olftce 01 the financial instiMion. Receipt of your check will constitute your authorization to! us, at our optiOn. to initiateari Automated Clearinghouse (ACH) debit enby to your checldng account lor the amount of the check as an alternative to !he paper-based check clearing system (a process known as "check conversion"). If an ACH debit from your checl<ing account is re!Umed Of otherwise cannot 00 processed, we may present an image or a paper draft as a replacement for your original check. If you have questlons.aboct check conversion, or if you wish to request lhat we exclude your Account from the Gheck cenversion process, please calf the Customer Service number on the back ot}'Our credit card. If you send us a payment in an amount that we consider large under the circumstances. we may temporarily limit your available Cledit to make sure fuatwe will receive 1he funds. If you have more than 000 aCCount with us or any of our affilialoo, we recommend that you send separate payments for each account. If}'Ou send us " sirlfl!e payment intended to pay more than one of your accounte, Wfi may

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apply yoor payment to the accountial as we Ghoooo. H a payiMnt ~s creditedto your Account 00) is retumed unpaid in a later billing cycle, we WIll ~te the payment for lhe billlng cycle in which the payment was originally credited, ",11ich may result in the asseeement «)f additionsl finance cI,arges and fea.~. . We can accept late payments or partial payments, Of checkS and molWY orders marked "payment if'! filII!! orwitb similar rBStrictiom;, without losing our riglrt to collect all amounts you owe us. No payment sl1all operate as an accord and satisfaction witho~ the prior written consent of a Washington Mutual cOrporate officer.

·4. finance Charges.

ANNUAL PERCENTAGE RATES (''APRs'').

Standard APRs. Your daily periodic rates for Purchases, Balance Transfers, and Cash Advances (and corresponding APRs) are shown on the Terms Sheellt your Account has one or more special !ntroductocy APRs, each rate is also listed 011 the Terms Sheet. From time IQ lime. we may send you offers to make Purchases, Balance Transfers. or Cash Advances at special rates, which are Promotfonal Offers. The APR$ and any other special terms will be disclosed to }'Ou in the Promotional Offer material,

Default APRs. The Terms Sheet may also include Default APRs. If it does. the Terms Sheet explains when these rates may apply.

Minimum Finance Charge. A minimum FiNANCE CHARGE in the amount shown on the Terms Sheet will be assessed in any billing cycle in which you have a balance thaI is subject to periodic linance <:harges. If we impose inance charges on both Ourrent-Cycle Transactions and Previous-Cycle Transactions (see section 6), a separate minimum FINANCE CHARGE will apply 10 each of these transaction categories.

Cash Advance Fee. If you take a Cash Advance, we may charge a fee, which is a FlNANCE CHARGE, as shown on the Terms Sheet.

Balance Transfer Fee. If your Account offers Balance Transfers and you transfer a balance lrom another credit accoun1 tv this Account, we may charge a fee, which is a FINANce QiARGE.l! so, the fee is shown on the Jerms Shoot.

5. Other Fees.

Annual Fee. The amount, if any, is shown on the Terms Sheet.

Late Fee. If we do not receive at least the Minimum Payment by the Payment Due Date on your monthly billing statement, we may charge a foo, as shown 011 the Terms Sheet. The amount of any laie fae you incur may depend on your Account balance. The balance used to determine the amount of the lale fee will be the balance as of the date we determine that your payment was late (minus any amounts in dispute).

Overlimit Fee. You are responsible lor keeping tnick of your Account balance, including finance charges and fees. You should check your AccQunl balance regularly 10 make sure that il remains below your Credll Line. It YOUI Account balance exceeds your Credit Line at any time during a billing cycle even if only for one day, we may charge an Overlirnit Fee in the amount showr on the Ierms Sheet We may charge an Overlirnlt Fee even if your balanc~ exceeds your Credit line because of fees or finance cr.arges we impose 01 because of transactions we authorize. We wHI not charge more than coe Overlirnit Fee with respect to anyone billing cycle. However. we may chargE an Overlimit Fee in subsequent Dilling cycles, even if there are no nev< transactions on your Account. if your Account balance still exceeds you Credit line at M}' time during the subsequent billing cycles. For example. i your Account balance exceeds your Credit Line at the end of a billing cycle yoo may incur an additionat Otenimit Fee for being over your Credit line at Iht beginning of the next billing cyole as welt. even if you have made a payment b, the- Payment Due Date as sIlown on your monthly bUfing statement. AI au option. we may wait unti! later in a subsequent billing oyole to dctormioo you overiimil status, or othetwise choose not to assess an applicable Overlimit Fee withOl,!! losing our right to enforce this paragraph in fuillatel' (see section 11).

Returned Payment Fee. If your payment item is returned to U8 unpaid to any reason, we may charge a fee, as shown on the Terms Sheet,

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;j:le,yntMt is credited to -c)e, we will recalculate was OOgioaI!y credited, l'Ir:e charges and fees. ~ or checks and similar restrictions, ts you owe us. No faction without the corporate Qffirer.

ses, Balance Transfers, r shown on the Terms ctory APRs, each rate may send you offers to ,at special rates, which ; terms w~1 be disclosed

*wit APRs. If it does,

CE CHARGE ill the sd in any hiiling cycle die finance charges. If cle Transactions and e minimum FINANCE JOries.

we may charge a fee, ms Sheet,

nee Transfers and you 00I.If11. we may charge a lWT1 on the Terms Sheet.

IS Sheet.

"},lOOn! by the Payment lfge a fee. as shown on II" may depend on 'four amount of the lale fee your pa)ll'l'l"f1t was late

rack of you! Account dd check your Account 'Our Credit Line. If your ~ during a biiling cycle, !6 in the amount shown a even if your balance charges we impose or :fIarge more !han one ~ we may charge I if !here are no new nee stiR exceeds your cycles. for example, if ! end of a billing cYcle, 'yoUrCr~tUneelfue illI6 made a payment by iIIing statement At our ~e to determine your pplicab!e Overlim~ Fee, later (seo oootiol\ 17),

tumed to us unpaid for '11$ Sheet.

RetUrnee UleCK r-ee.1I you mae ,i:f t;i-Wlll{ llll yvw ruAA.J:UfU UK .. "t1'V .~lIo"U' unpaid, we may charge a lee. as shown 00 lhe Tenns Sheet

Card Replacement Fe&. tl we issue you a replacement card at your request. we may charge a fee, as shown on the Tenus Sheet.

Copy Fee. If permitted by law, we may charge a fee for each item you request (for example. a copy of a single statement, check, sales draft, etc.). The amount of the fee is shown on the Terms Sheet. We wm not char981his fee (or we will reverse it) if your request relates to a claim of fraud Of umtl.rlhoraed use or if your request relates to 11 billing dispute (prol'ided you haVe follOwed the procedures for billing disputes described in your Account Agreement and on the reversa of each bilfing slatement}. .

Stop Payment Fee. If you request a stop payment order or renewal of such an order. we may charge a lee. as shown 00 the Terms Sheet, if permitted by law.

Payment Ssrvices Fees. We may offer various setVices from time to time that allow you to make payments to your AccOl1l1I over the telephone or" lhrough ihe Internet, for which we may charge a fee, as shown on the Terms Sheet The actual amount of the fee. if any, applicable to any telephone or online payment you choose to make will be disclosed to you before you authorize the payment(s} to be made.

Express Delivery Fee.'fI, at your request, we send any items to you, suer. as a card or statement copy through anexpwss delivery service. we may charge a fee. as shown on the Terms Sheet. The actual amount of the fee, if any, will be disclosed to you at the lime you request the service.

International Servl~ Fee. If you use your Account for intemational transacnonsvyou may be" assessed a fee of 1% of each intemational transaction.amount (see section 7),.

6. How We Calculate Yotir Balance and tile Finance Charge on Balances, Your Account has the foUowing typoo of balances ('Balance Categories"): the Purchase Balance, the Balance Transfer Balance, the Cash -Advance Balance, and may have one or more Promolional Offer Balances (as disdased in certain special offers we may make from lime to time) •. Your monthly biHing statements will show all Balance categories in which you have a balance. On any given day, each Balance Categol)' includes new transactions of the specified "type from the cutrer.1 billing cycle, as well as unpaid amounts related to transactons of that type from previous billing cycles. We calculate the flOance charges for each Balance CalegOlY separately"

Current-Cycle Transactions. For each Balance Category, we figure each day's balance by starlin>; wilh your previous day's belanca (includin>; IIfIY unpaid finance charge), adding aM debits for rhe current day, and subtractin!] all credits for the current day. Then we multiply the daily balance by the daily periodic rate thaI applies to the Balance Category (see section 4). The resulting amount is that day's finance charge, Which becomes part of the balance used for the next day's balance calculation (A !ired;! balance on any day is tre<l1ed as a zero. balance for that day and will not earn interest) We determine the total finance charge on balancBs for the billing cycle by, adding together each day's finance charge in the billing cycle for eaon Balance Category. The total finance chalge on balances for Ihe bilflOg c.ycIe will post to your Account on the last day of the billing cycle, shown on Jour billing statement as the Statement Date. A transaction that you made in an earlier bIlling cycle thai does ·not pam to your Account untillhe cummt billing cyclo win be subject to the dally periodic rate in effect in the current billing oycle, Previous-Cycle Transactions. If yoU do not pay the New Balanoo shown on your previous biling sWement by the Payment Due Date, we will impose periodic fnance "charges on new transactions thai first appeared on your previous statemen~ in addition to periodic finance char9es on new transactions that tiTs! appear on your oorrant statement {unless we already imposed periodio finance charges on lhe transactions en your previous statemant).ll'I other words, in addition· to the finanoo charges calculated for fheearrent billing cydeas described In the last paragraph, you may be charged finance charges on transactions from the previous billing qrde for

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th~-;;;;;~g;;;phrfoi'~i;i~tjon about whefher you have any Balance Categ>ries With a grace period, and ii so, how the grace period woriG,) for previous-cycie transactions subject to this provision, we calculate !he finance charges for each Balance Category in the same way as current-cycle transactions (see las! paragraph), except that we use the daily periodic rate that applied to each Balance Calegory in llle previous billing cycle and the number of days in the previous billing cycltt Also, when e&lculating the daily balances for the previous bll!ing cyde. the "prmious day's d<:!iiy belence" tor the firS1 day of the previous billing cycle is considered to be rem.

Grace Period. The Terms Sheet identifies whether you have any Balance Gategori!l3 w~h a grace period, This information ~ also available on your monthly billing statements. For any Balance Category without a grace period, there is no lime period in which YOIl can repay the balance without incurring a finance charge" New transactions for Balance Categories with a grace period do not begin to incur a finance charge unltl the start of the next blUing cycle it your Previous Balance was (1) zero, (2) a credit balance, or (3) paid in full by the Payment Due Dale on your previous billing statement You win pay no finance charge on these new transactions if you pay the New Balance in full by the Payment Due Date shown on your billing statement. If anyone of these grace period conditions is met, you will be granted a provisional grace period, which means that )'our current billing statement (the statement on which the new transactions flf$t appear} will n01 show finance charges on the new transactions. However, if you do not pay the total New Balance In full by the Payment Due Date on your current billing statement, you will be assessed finaoce charges on these transactions. starting from the date the transactions were posted to your Account.

When Finance Charges Begin to Accrue. Except as described in the Grace Period paragraph above, finance charges begin to accrue 00 a charge or other debit on !he first day it is included in your Account balance as follows: (1) a Purchase is added to the Purchase Balance as of the day you make Ine charge; {2} II fee (except far a Cash Advance Feel is added 10 the Purchase Balance on the day it posts 10 your Account: {3} furKi" electronically transmitted to transfer balances to bthe( lenders are added 10 the Balance TrarlSfer Balance as of the date transmitted; (4) a special check 10 transfer balances is added to !he Balance Transfer Balance as of the day the check is presented to us for payment; (5) a Gash Advance (except for a Gash Advance checl<) is added to the Cash Advance Balance as of the transaction date (the day you take the Cash Advance); (6) atl other Cash Advance ohecks including convenience checks and statement checks, ate added to ths Cash Advance Balance as of the day the checks are presented to us for payment; and (7} a Cash Advance Fee is included in the Cash Advance Balance on the day it posts to your Account. From lime to time. we may extend Promotional Offers 10 you. Any Charges or debits associated with Sll¢h offers (and the mlated finance charges} w~t be calculated in the same manner as described above, except that they will be added 10 the applicable Promotional Offer Balances iasteado] the Balances listed above. Ant Promotional Offer Balances will be separately identified on your billing statement. Otherdebits are includW in the appliCable Balance as of the transaction date. Finance charges are added to your Balances each day and post to your Account on the teat day of the billing cycle.

Application of Payments. A payment or any other credit aqjustmenf wl1l reduce your Account balance as of the daY"IT posts to your Account. Funds posted may not be immediately available for your lise. {See section 3 for more information about your payments.) The Terms Sheet explalns how your paymenta are applied.

Calculation of Finan~ Charge on Balances. This paragraph explains how to determine yourfinance charge on balances. Your billing irtatemem will show the Average Daily Balance for each Balance Category. For each Balance Cat~ory, you can multiply the Average Daily Balance by the number of dayS in the btllV9 cycle, and then by the applicable daily periodic rate, to obtain the

:e ~. trteaSe see )'011 have Wi Balance jtaC6 period wt'lflls.) for ii(i caJculate the finance I way as ClllTent~le e the daily periodic rate 'us bllling cycle and the cen calculating the daily day's daitt balance" for to be zero.

f you have any Balance available on your monthly grace period, there is no 1OO!Ting a fll1lll1Ge charge. ~ do not begin to incur if ),ourPrevious Balance (the Payment Due Date inaace charge on these 1 the Payment Due Dale ~ period conditions is which means lhal your C new transactions flfst nsactioos, However, it by the Payment Due >U lIIill be assessed !l1lI from til(! date the

~ as described in the

begin to accrue on a >our Account belanceaa ~ance as of !he day you ICe Fee) is added to the I; (3) funds electronically ~ added to the Balance peGiaI check to transfer s of the day the, check is ;apt for a Cash Advance lhe transaction date (the 1\IIIIlCE1 checks, including sd tq the Cash Advance s fur payment; and (7) a II Balance on the day it tend Promotional Offers , offers {and the related 1"," as described above. 'lIOIiooaI Offer Balances II Offer Balances wHi be labite are included in !he ;e charges are added 10 the last day of the billing

ercrOOit 4djustment' will to your Account Funds (See section 3. for more eel explains how your

This paragraph explains our billings!atement will :egQty. For each Balance by the number of days in iodic rate, to obtain the

:;'''UUUJU1l- Vi un::: HJJOJI\,IOt.rlnlUl:fV '\.U) ••• n;,'.'''''''' ......... ...,. ........ ----~-.- ._. -- ~

Categories to de1ermine your linarn::e charge 00 balanoes fur 100 cerreot billing cycle.

Your billings!atemelltwill also silowlhe pravioos-cycle Average Daily Balance, the number of days in the previous billing eyele, and applicable daily periodic rate from the previous biHing cycle for each Balance Category 5ubject 10 an assessment 01 finance chargC$ on previous-cycle transactions (see Previous-Cyde Transactions above}. You can multiply !he previous-cycle Average Daily Balance by the number of days in !he previousbi~ing cycle, and then by the previous-cycle daily periodic rate, to obtain subtotals for each Balance Category. Add the subtotals for all 8alaru;e Categories to determine your previous-cycle finance charge on balances. Add your prevjous-cycle finance charge on balances to your current-cycle finance charge on balances Ie determine the tolal finance charge on balances,

7. 'Foreign Currency Transactions.

Foreign Currency Conversion. Traneactioos in a currency other than U.S. dollars will be converted to u.s. dollars, generally using either: (1) a rate selected by Visa/MasterCard from the range 01 rates available in wholesale currency markets tor the applicable central processing date, which rate may vary from the rate Visa1MasterCard themselves receive; Of (2) the governmentmandated rate in effecl for the applicable CBlllrai processing date (the "Exchange Rate"l. If you later receive a refund for a transaction, the amount of the refund wi!! be converted 10 UB. dollars at the Exchange Rate in effect when the refund transaction is processed. which may be different from the Exchange Rate for the original transaction.

international Service Fee. If you use your Account for international transactions, you may be assessed a fee 01 1% of each international transaction amount lnternatiooaj transactions are delined as transactions with a merchant outside of the United States and US, territories. International transaenons are potentially subject to 1he International Service Fee. whether or nat currency conversion is involved. The International Service Fee may also be assessed when you retum merchandise in an international transacfon,

S. Mermallt Relations. We are not responsible if a merchant Or ATM does not honer your Account or does not retum your Account card or check to you, If you have a dispute with a mereham regarding goods or services purchased with your Account, we are not responsible except as described under Your Billing Rights and Special Rule for Credit Card Purchases below.

9. A<:coUnt Changes. We have the right to chaRge any part of this Agreement or add or remove any term, condition, or requirement. If permitted by law, the change may be applied to any Account balance existing at the time of the mange. We, will give yciu written notice prior to the effective date of any sud! change, if required by law. We may sell, transfer, Or assign your Account or our rights in this Agreement 10 anotber person or entity. and, if we do that. that person or enlitywill take our place in this Agreement.

From time to time, we m!')' review your Account. Based Ofi these reViews, we may decide 10 change your Account terms. including APRs and fees. In determining vmether to change your Account terms. we consider your AccoUnt histmy with us, inCluding your record c.f making timely payments, slaying within established credit lines, and OO-.er indica10fs of responsible Account usage. We will also consider your oyerall credit risk, as rsflocted by a variety of internal and external credit scoring models. These models consider your performance 00 accounts with Washitigton Mutual and other creditors.

,If a change is made that increases the APR or APRsthat apply to YOljr AcGouni, you will be given an opportunity to avoid the change by closing your Account and paying off any exilrJng balance under the terms in elf OCt prior to the change.

1(1. Your Personallnformatlon.

Obtaining Your Information. You will giyeus at least 10 days notice if you change your name; home, mailiog, Of e-mail address; or homo or work phone

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any updated flflancial infmmaoon we may ask for, We may obtain informati< . about yoo from others, including consumer reporting agencWs ("ere<

bureaus").

Credit Reporting; Inaccurate Information. We may furnish iniOlmati, aboul your Account to credit bureaus and others who may properly race; such infoonatioo. Late paymants, missed payments, or other defaults on yc Account may be rellected in your credii report If iIlere is an authorized user, ~our Account, we rnay also furnish information to Gffjdit bureaus and oth( who may properly receIv e such informalion in the name of the authorized us You may provide written notification to us at the Customer Service addr€ shown on your bilfing statement (or o1her addresses or e-mail addresses \ may speciiY) if you believe we have inaccurate information about you. or tt we have reported or may report inaccurate information about you to a ere bureau.

Privacy. We send you the Washingtoo Mutual Privacy Policy when We open your Account, You may also obtain the policy by contacting Customer SerVice at the number on your billing statement

11_ Our Promotional Communications, If you do not want to rece future credit card offers from Washington Mutual, you may inform us in writi by sending your name and address to Card Services, P.o. Box 660509. Dall TX 75268-0509_ Please allow 4 to 6 weeks for this request to take effect.

12. How You and We Will ComQlunicate, We may send you a noti either by: (1) U.S. mail, addressed to you at the address shown in our recon or (1) e-maij, a1 your e-mail address shown in our records, as permitted by I, An~ notice you send to Us must be mailed to the Customer Service addr€ shown on your billing statement (or other addresses or e-mail addresses \ may specify). We are not responsible for undejvared rnaa or .e-mail.

13. Unautborized Use'; lost Card. Each credit card issued on Y' Account must be signed immediately upon receipt You will safeguard 'I' Account credit card(s) and checks and your Personal Identification Num! (PIN) that provides access to ATMs. You wi!! keep your PIN separate lrom 'fl card. If you discover Of suspect that the card is lost or stolen or that there rr be an unaulhorized transaction on your Account, you willl10tifj us prowptiy telephoning, us at the number shown on the back of your card (or 011 telephone numbers we may specify). You should call us even though you IT also notify us in writing. You will have no liability for unautOOri~ed use of y< Account, Koop in mind; however. thaI if you authorize someone else to L your A¢Coonl. you may be responsible for aU of their charges (even if It exceed your authorization). If you report or we suspect unauth~ed use your Account, we may suspend YOlJr credit privileges unlil we resolve i problem to our satisfactioo Of issue you a new card.

14. Our Standards In Sehllcing Your Account Your Account IMl! processed through automated, means. We will not be at fault if we do i examine all items we process. Therefore; you should be careful to kee~ record of all your Account transactions, save your PUrchase and Q Advance receipts, check your monthly bijftng' statements against' your recoo and notify uSllfOmptly of any uilauthorized transactions or errors.

15. If You or We Close Your Account. We may close your Account limit your credit privileges at any time for any reason not prohibited by law. If· are required by law to give you notice, we will do so. You may close Y' Acccent by notifying us in writing. You will return to us or destroy yout ere card and any Account checks at our request, If your Account is closed, finar charges and olher fees will continue to. be assessed; payments will continUE be due; and all other applicable provlslcoa of this Agreement will rem"ir effect until all your obligations are satisfied.

16. If'you Do Not H.onor Your Agreement. Your Account will be default (unless prohibited by law) if any of the following events occur: {j) 1

7

weft:lttJlt:Jtg1utt;;HJt lHCfn\.lUUUln ,."" .• .,.~ •. - -r---- ,~ • ., •

any amount due 10 us under this Ag<eement or 8EY'f other agreemern; {3} any payment item is returned unpaid; {4) yoo lail \0 COO\pI'1 with ooy part 01 1i~s Agreement; (5) any infOlll1alion you give US proves 10 be incomplete or false; (S} your dw!h, bankfuplcy, Of insclvency or legal incompetence; (7J a bankruptcy p(;lition is liled by or against you; 01' Hi) we OOIie¥e in good faith that you may not pay 01 parloon your obligations under this Agreement. If you detaull, we may (unless prohibited by law), withoot further demand or notice: (1) cancel your credit privileges; (2) decla.-e your Accoont balance immediately due and payable; (3) charge you for our reeeonablo colleclioo costs; and (4) porsee any available legal remedy. In addition. in me event of certain Account defaults {tor example. late payments), your APRs may increase automatically up to the Default APR (see section 4). If you default, the unpaid Account balance WIll continue 10 accrue interest and other fees and charges as provided in '!his Agreemenl, even if we have sued you to coHee! the amount you owe. If we sue you Of you sue us for breach ollhis Agreement, or for any oth.". claim arising out of this Agrooment, the prevailing side may recover reasonable attorney's fees and court costs to the extent not proh1bited bylaw, induding attorney's fees and court costs in any action or proceeding to enforce a judgment based on a claim arising om of this Agreement. l! either you Of we successfully assen a setoff, counterclaim, or partial defense 10 a suit, the court may withhold from the prevailing party all or any portion of the attorney's fees that the court considers equitable.

17. How This Agreement Applies. This Agreement ~'" the complete and entire statement of lhe contract between you and us and will not be affected by any oral agreement We may delay 01' waive enforcement of any provision of ibis Agreement withOUt losing our rigllt to enforce it or any other provision later. You waive tIje right to presentment, demand, protest, or notice of dishonor; any statute of limitatfons; and any right you may have to require us to proceed against anyone before we allempt to recover from you. If any term in this Agreement is made unenforceable through law. regulation, or court decision, aU other provisions will remain in effect.

18. Assignment. We may transfer or assign our rights and duties under lhis Agreement 10 a third party. If state law requires that you receive nolice of such an assignment 10 protect the purchaser or l;lSSignee, we may notify you by fiting a financing statement with the state's Secretary of State. You may nol assign your rights and duties under !his Agreement.

19. Applicable law. No matt@rwheTsyou live. this Agreement and your Account are govemed by the laws of tile United States and, to the extent notpreempted by federal law. the State of Mevada. This Agreement takes effect when we accept it in Nevada.. We extend credit to you from Nevada regardless of where you live or use your Acoounl

20. Telephone Monitoring and Recording. We treat all customer calls

_ confidentially. Your telephone conversations with our represemalives may be monitored and/or recorded for Quality assurance purposes, unless, at the beg!nnilg of eachtelephooo~,you tclI wnolto monitor cc roooo:llhe calt 21. TelePhone Communications. You aulhorize us to cal! you at any number you provide or at any number at which we reasonably believe we can contaci you, inclt.Kf1fl9 calls to mobiki, cellular, or similar devices, for My lawful purpose, including but not limited to; m ~ed fraud or identity theft; (~l obtaining information necessary or desirable; (3) your account transactions or servicing; and (4) coHecting on your Account Numbers you provide include numbers you give tIS and/or numbers from which you call U$. You agree to pay any fee{s) or dlruges(s} that. you may incur for inc:oming calls from us, and/or outgoing calls to us, to or frorn any such l1t.1mbsr. without reimbursement from us,

MARYlAND RESIDENTS: You have the right to receive an answer to a written inquiry concerning the status of your Account.

8

this Agreement, except that we must send you poor notICe 01 any Increase In the finance charge.

NEW YORK RESIDENTS; This Agreement begins on the first day we eldend credit to you 00 )!Our Account, as evidenced by a 3/gned sales slip, memorandum, 01 otherwise.

OHIOREStDENfS: The Ohio law against disoriminaooo requires that all creditors make crooit equally avail:.1ble to all creditworthy customers and 1M credit reporting agencies maintain separate credit historiea on each individual upon request The Ohio Civil Rights Commission administers compliance with this law.

Your Billing RighbKeep This Notice for Future Use

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify Us in Case of Errors or Questions About Your Bill

If you think your bill is wrong, or if you need more information about an entry on your bill, write us, on a separate sheet, at our address for billing disputes listed on your b!11. Write to us as soon as possible. We must hear from you no later than 60 days· after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.

til your letter, give us the following:

- Your name and Account number.

- The donar amount oj the suspected error.

- Describe the error and explain, to the extent you can, why you belie~e mere

is an error. If you need more information, describe the item you are not sure about.

If you havo authorized us to pay your credit card bill automatically from your checking account, you can slop the payment on any amount you think is wrong. To slop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur.

Mail your letter to us at the address lor billing disputes shown on your billing statement,

Your IUglrtS and Our Respom,ibilities After We Receive Your Written Notice

We must acknowledge your letter within 30 days, unless we have corrected the error by .lhQl1. IlVithin 90 days, we must either correct the error or explain why we beHeve lhe.bill was correct. After we receive your letter, we cannot try to ooIlect <my amount you question or report you as delinquenl. We can continue to bill you for the amount you question, including finance charges. We can apply any unpaid amount against your Credit Line. You do not have 10 pay any questioned amount whUe we are investigating, but. you are stili obligated to pay the parts of your bill that are not in question.

If we find thai we made a mistalle on your bill, you will not !\ave 10 pay any finance charge related to :II1Y questioned amount If we didn't makea mistake. you may hava to pay finance charges, and you wiH have to make up 1he missed payments on the questioned amount. In either case, we will sand you a etatementot me amount you owe and the date that it is due. If you faa to pay the amount we Il1ink you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you wm8c 10 us within 10 days telling us that you still refuse 10 pay. we must teU anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tel! anyone we report you to that the matter has been sellied between us wiren it finally is. If we don't foUow these rules, we can't coflect the fu·st $50 of lhe questioned amount, even if your bill was correct.

m.hf \I'I,I! u~fn.g W"h.i ..... '

joo of any mease in

!w'·litst day we extend II signed sales slip.

It ion requires that all l'f GUStomers and the ies on each inciividu<JI ster$ cornphance with

iOOf rights and our

!OUt Your Bill

:lion about an entry on . b~liog disputes listed leaf from you no later the error or problem reserve your rights.

why you bell""e there item you are not sure

Jtornatica!!y from your amount you think is ; Ihtee business days

shown on your biRing

lies lice

ss we have corrected ct the error or explain Jf.letter, we cannot try

delinquent. We can :;ling finance charges. se, Yoo do net have to og, but you are still moo.

I not hal/e to pay any :Iidn't make a mistake, IJ make up !he missed

'A'e will send yau a due. If you fail to pay oonqoont. How""ef, if within 1 0 days telling -eport you to that you fOOO we reported you iter has been settled s, we can't collect the CQITeCI.

it you have a ?«Jblem with the quality of the goods or sendcea that you purchased with our credit card and you have tned in good laiih to correct \he pr'Qblem with the roorchant, you may not have to pay the remaining amount due Oil the goods or se!'lioes. There are two limitations 00 Ihis right: (at you must have made the purchas<l' in your horne state or, jf not within your home state, within 100 miles of yqur current mailing address; and (b}!he purchase pnce must have been more than $50. These limitations do not apply if we own or opernte the merchant. or if we mailed you !he adrertioomoot for the, property OJ'

services.

ARBIlRATJON PROIJJSION

Arbilrniion is a mefuod of deciding disputes outside the court system. This Arbilmtion Provision (the ·Provision,,) governs when and how any disputes you and we may !,ave will be arbitrated instead of decided in court..

0pt0ut Righ!: This Arbitration Provision will remain a part of your Accoent Agreement unless we receive a letter from you within 45 days of !he dale )'OUr Account was opened. Your lett€!' must state !hat you no longer want the Arbi!laiion ProIIision to rernaK1 apart of your Account Agreement The letter musl be addressed to Card Services, P.O. Box 660500, Dallas, 1)( 7526&0509.100 let!er must include your name, address, and your Account number. It must be signed by you: lfwe receive such a leiter 00 time, the Albi!ralion Provision wit no longer be a part of your Account Ageement and the staius of your Acoount wiI be unaffected by your rejection of the Arbitralion Provisioo. This opporlunily to I opt out of lhe arbitration provision does rot awl}' 10 Qairru,' s already asserted by I you or on your behalf against the Bank. ' "

Certain Definitions: Certain words used in this Provision have special meanings:

'We; 'U$~ and 'our" mean Washington Mutual Bank (the "8ank") and also include: (1 r the Bank's parent company, Washington Mutual, Inc. {Jhe 'Parent Company"}; (2) all companies owned or controded by tfm Parent Company or the Bank; (3) any prior issuer of a credit accoontthat we have acquired; (4) any company to which we transfer our rights under this Account Agreement {the "Agreement'}; and (5) all of the employees Of other individuals who msnage these comp:!Ilioo. Finally, if eitherjou or we elect. 10 rubilmte any Claim you bring against us, these terms include any other persons or companies whom JQU rnske Claims against in the same proceeding.

"Claim' means any dispute between you and us thai arises from, relates to, or has anything at all to do with: {1} your Account; (2) the evenls leading up 10 your becoming an aooouotholder; (3) this Agreemooi; (4) any prior credit account or agreement relating to such account; or (5) 'your relationship with us. This includes dISpUtes relating to SITf products, insurance, or other selVices offered \0 you as an accounlhoIdeL This includes dispules about whethertms Provision is valid or binding or about whether or when it applies. (HoweI$!', 2I:ly and all disputes about the validity and effect of the Class Action Wa'rIeK, as defined below under the caption "Important limilalioos!' shaH be resolved by tht> court and oot by the aIDitrator.) It include.sdispules relating to cons!itutiooa! proviSions. statutes. ordilllll1CeS, regulations, case law, COO1pIiance with 100 Agreement or any agroomoot related to lillY prior credit account; and wrongful acts of every type (~tiler intootional, fraudulent, reckless, or jus! negftgentl.lt includes requests lor money, for orders requiring you or US to take or not take certain aclions{which are sometimes referred to as "iniunctiwl ralief"}, and for anyo!her kind of legal or e<Juitable relief. This Provisionapp!ies to Claims that &rise prior 10, 00, or after the opening of yOUI' Account.

'Administrator" moons the National Arbitration Forum, the American Arbitration Association, or any ojher administratilr mutually agreed upon by you and u.s.. These companies administer arbitration proceedings, Arrr administmtor that maintains a policy that refuses to enforce any part of the Arbltlatioo Provision is not an eligible administrator. The arbitrator will be selected under the

io

notJOa--or your seJecnon wu,1!y.uWlfUUt...oC UKll J ............. ,... ........ _m" ........... -<~--~ -:----~

Claim Of wittiill ,20 days after we give you l1Ot~ ~ we are, electing to arbilrate aflY Claim. U yoU do not select the Adminis\Tator on tIme, we ri

select one. If fOr allY reason the Adminislmtllt you or we gel!lct is uooble Of unwilf109 to serve or continue 10 serve as Administrator, or implements Of maintains a policy that refuses to enforce arrr part of this Provisioo, you wilt have 20 days to select a rtifferent Mministrat(l{.

~~tiQfl; You or we V<ID Hive written notice of an intenticn to begin arbitration or a Claim or Claims or to require arbilr<iJion of the other party's Claim or Claims. This notice can be given by one party even if me other party has begun a lawsuit. I! such a notice is gi'len, any Claim will be resolved by arbitration under this Provision and the Administrator's Rules that are in effect at !he time the Claim is filed with the Administnrtor. The arbitrator must be a lawyer with more than 1 {} years' e>perience or a retired judge. A copy of the Claim fOfIT1may be obtained from the Administrator or from us. A party who hils asserted a Claim ih a lawsuit may still el€ct arbitration with respect 10 arry Claim thet is later asserted in the same lawsuit by any ofher party. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not elect to arbitrate an individual Claim that you bring against us in 'small claims" court. However, we may elec! to arbitrate a'small claims" court Claim thai is later removed, sent. or appealed to any different court.

Important Limitations

IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WilL NOT HAVE THE RIGHT TO PURSUE THAT ClAIM IN COURT OR HAVE A JURY DECIDE THE ClAIM. ALSO, YOUR ABILITY 10 OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE UMITED IN AN ARBITRATrON tHAN IN A LAWSUIT. OTHER RIGHTS THAt YOU WOULD HAVE IF YOU WENT TO COURT MAY AlSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BYTHEAOMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE SAME IJMITATIONS AlSO APPlY TO US. IN ADOmON, IF YOU OR WE ELECT TO ARBITRATE A ClAIM: (1} NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATIORNEY GENERAl ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF' CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A ClAS&WIDE OR REPRESENTATIVE {SUCH f>.S A PRIVATE ATTORNEY GENERAL) SASIS; AND (3) ClAIMS BROUGHT BY OR AGAINST ONE ACCOUNTHOlDER (OR JOINT ACCOUNTHOLDERS) MAY NOT BE JOINED TOGETHER WITH ClAIMS BROUGHT BY OR AGAINST ANY OTHER ACCOUNTHOLDER THESE THREE LIMITATIONS ARE HEREINAFTER REFERRED TO AS THE 'CLASS ACTION WAlVER~

Arbitration Locg!jon and Costs: Arry arbitration hearing"lhat you attend WIll ta!<.e place at a location reasonably convenient to where you live. If you cannot afford 10 pay the fees charged by the Administmtor and the arbitrator or if you believe that such fees aretCQ high, we WIll consider in good faith aJl}' reasonable written request by you for us to pay the fees. We will pay any fees or tJXpenses we are required to pay by law. You will never be required to pay us any fees we have previously paid to the Administrator and the arbitrator. Each party must bear the expense clthat party's attomeys, experts, and witnesses, regardless of who wins the arbitration, e)(Cept to the extent fumapp5cable law or the Administrator's Rules provide otherwise.

Governing Law: This Agreement involves interstate _ commerce and this Provision is governed by the Federal Albitration Act ("FAA,,), United States Code, Tille. 9, Sections 1 and the following. The aJbilrator must foUow: {1) the "FAA; (2) the substantive law, consistent with the FAA, related to any Glaim; (3) statutes 01 fimitations; and (4) claims of privilege recognized at law. Upon the timely. request of either party. theatbitmior must provide a brief written e:lpianation of the basis for the award. The arbitrator will detoonioe the rules of

II

procedure and evidence to apply, consistent with the FAA, tire Administrator's Rules, and this Provision. The ari:JiI;a1Of shall not apply ledc>ral. state, Of local rules of procedure and evidence Of slate or local laws concerning arbitration proceedings.

Obtaining Information: Mer an arbitration has boon started, in addition to a party's right to obtain information from !he other party under the Administrator's Rules, either party may request the arbitrator in writing to allow lhat party to obtain more information from the other parly. A copy of such request must be provided to the ollie. party. That party wi" then have the chance to object in writirlg within 30 days. The objection must be sent 10 the arbitrator and the other party. The arbitrator will decide the issue, in his or her sole discretion, within 20 days after any objection to providing expanded information is submitted

Effect of Arbitration Award: Any appropriate court may enter judgment upon the arbitrator's award. The arbitl1l.!or's decision will be final and binding, except for any appeal right under the FAA and except fOf Claims involving more than $100,000. For these large Claims, any party may appeal the award to a threearbitrator panel appointed by the Adminislrnlor. Thai panel will consider all over again any part of the initial award that any party asserts was incQITectly decided. The decision of the panel will be by majority vote and will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the fees charged.b'l the Administrator and the arbitrators for such an appeal will be paid by the appealing party, regardless ofwho wins the appeal Howev er; we will consider in good faith any reasonable written request by you lor us to pay such fees. An other provisions of this Provision shall apply 10 any appeal to a three·arbitrator panel, and any reference in this Provision to a single arbitrator shall apply to the three-arbitrator panel, Continued Elley>! of Arbitration Provision: This Provision will remain in force no matter what happens to you or ;,our Account. Fot example, it will remain in force even if: (1} yOU! credit pri'll1eges are ended or put on hold; (2) you close your AccQunt;(3) you repay your entire Account balance; (4} we begin a lawsuit to collect alllO!J!lts we lhink you owe; or (5) you become bankrupt or insolvent or a bankruptcy or insolvency proceeding is begun, to the extent consistent \Wh applicable bankruptcy law. If any portion of this PrOllision (except for the Class Action 't'htiverl cannot be enforced for any reasoo, the rest of this Pr<wision will continue 10 apply. If the ClassAclion Waiver cannot be enforced for my reason in a Claim between you and' us, lhen the entire Provision shal! be nuB and wid (or purposes of iliat Claim. {However, this does not preclude a party from appearmg to a court whether the Class Action WaNef is enlorceable.)In the event of any conflict or irIoonsisiency between this . Provision, on Ihe one hand, and the Administrator's Rules or other provisions of this Agreement, on the other band, this Provision will govem. This Provision will supercede and replace any other Arbitration Provision between you and us.

Please note: This Albilralion Provision dOO$ not apply to yoor Account if you

have previously opted out .'

Contacting Milmtion Administrators

If you have a question about 1healbiUalion companies who may serve as Adminislrnfof, would like to obtain a copy of their ammalion rules or fee schedules, or would like a Claim form, you can contact them as follows:

National Arbitration Forum, P.O. Box 50191 , Minneapolis, MN 65405, www.mirforum.com; American Arbitrotion Association, 335 Madison Avenue, New YorI<, NY 1001 'J, www.adr.org. You may also obtain copies of the rules and Claim forms of the Adminislrators by contacting Customer Service.

8/07 NMAOIIlO

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