evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement 
between you and us.
Arbitration. Please review this provision carefully. It provides that any dispute may be resolved 
by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury 
decide a dispute. Under this provision, your rights may be substantially limited in the event of 
a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting this Agreement, unless you opt out by following the instructions below, you agree that 
either you or we, at our sole discretion, can choose to have any dispute arising out of or relating 
to this Agreement or our relationship resolved by binding arbitration. If arbitration is chosen by any 
party, neither you nor we will have the right to litigate that dispute in court or to have a jury trial 
on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. 
In addition, you will not have the right to participate as a representative or member of any class of 
claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will generally be 
final and binding. Other rights that you would have if you went to court may also not be available in 
arbitration. It is important that you read the entire Arbitration provision carefully before accepting 
the terms of this Agreement. 
For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and 
shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, 
whether  pre-existing,  present  or  future  and  including  constitutional,  statutory,  common  law, 
intentional tort and equitable claims) arising from or relating to this Agreement, the credit offered 
or provided to you, or the goods or services you purchase; the actions of yourself, us, or third 
parties; or the validity of this Agreement or this Arbitration provision. It includes disputes brought 
as counterclaims, cross claims, or third party claims. A party that has brought a dispute in a court 
may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as 
part of a class action or other representative basis are subject to arbitration on an individual (non-
class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR 
RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this 
Arbitration provision, the words “we,” “us,” and “our” shall include WebBank and any assignees 
of any of WebBank’s rights, any merchant from which you purchased goods or services using your 
Account, as well as their respective affiliates, servicers, employees, agents, and further assigns. 
Any arbitration under this Arbitration provision shall be administered by the American Arbitration 
Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect 
when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class 
action or representative basis. Neither you nor we may consolidate or join the disputes of other 
persons  who  may  have  similar  disputes  into  a  single  arbitration,  other  than  the  disputes  of  or 
against joint account holders. You may obtain rules and forms by calling the AAA at 1-800-778-
7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the Federal 
judicial district where you reside. We will not elect arbitration of any dispute that is filed as an 
individual matter by you in a small claims or similar court, so long as the dispute is pending on an 
individual basis in such court. 
A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former 
judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA’s 
rules. The arbitrator will apply applicable substantive law consistent with the FAA and applicable 
statutes of limitations, will honor claims of privilege under applicable law, and will have the power 
to award to a party any damages or other relief provided under applicable law. Any party may 
choose to have a hearing, and may choose to be represented by counsel. The arbitrator will issue 
an award in writing and, upon request, will provide a written explanation for the award. Judgment 
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the 
AAA to waive the filing fee and we will consider your request that we pay the filing fee on your 
behalf. We will pay any subsequent administration fees imposed by the AAA, and we will pay the 
arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the 
AAA’s rules and applicable law. If you prevail in arbitration, we will reimburse you any fees paid to 
the AAA. However, even if we prevail, we will not seek reimbursement from you of any fees we paid 
to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party 
shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails 
in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement 
of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration.

You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days 
after the first transaction is posted to your Account. In order to opt out, you must write us at WebBank/
Fingerhut Arbitration, P.O. Box 1250, St Cloud, MN 56395-1250. You must inform us of your decision 
to opt out, and sign the notice.
This Arbitration provision shall survive repayment of your extension of credit and termination of your 
Account. This Arbitration provision is made in connection with interstate commerce, and shall be 
governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration 
provision is determined to be void or unenforceable, then this entire Arbitration provision shall be 
considered null and void; however, it shall not affect the validity of the rest of this Agreement. 
Credit  Bureau  Disputes.  If  you  believe  we  inaccurately  reported  credit  history  information  about 
you or your Account to a credit reporting agency, call us at 1-866-734-0342 or write to us at: Credit 
Bureau Reporting Services, P.O. Box 1250, St Cloud, MN 56395-1250. Please include a copy of the 
credit report reflecting the information that you believe is inaccurate.
All Accounts, including California and Utah Residents: As required by applicable law, you are hereby 
notified that a negative credit report reflecting on your credit record may be submitted to a credit 
reporting agency if you fail to fulfill the terms of your credit obligations.
All Accounts, including New York/Rhode Island/Vermont Residents: You agree to give WebBank 
permission to access your credit report in connection with any transaction, or extension of credit, 
and on an ongoing basis, for the purpose of reviewing your Account, adjusting the credit limit on your 
Account, taking collection action on your Account, or for any other legitimate purposes associated 
with your Account. Alimony, child support or separate maintenance payments need not be revealed if 
you do not want us to consider it in determining your creditworthiness. Upon your request, you will be 
informed of whether or not a consumer credit report was ordered, and if it was, you will be given the 
name and address of the consumer reporting agency that furnished the report. New York residents 
may contact the New York State Banking Department: 1-800-518-8866.
Connecticut Residents: Damages may be imposed if a check is dishonored. Connecticut General 
Statutes § 52-565a authorizes our collection of damages for dishonored checks; criminal penalties 
may also apply.
Maryland Residents: Maryland law requires that if you send us a written request about the status 
of your Account and we do not answer that request within 60 days after we receive it, you are not 
required to pay a finance charge for that 60 day period or until we answer.
Missouri Residents: If you prepay your Account in full, you may be entitled to a refund of certain 
interest under Mo. Rev. Stat. § 408.170.
New Hampshire Residents: Reasonable attorney’s fees will be awarded to you if you prevail in (a) 
any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully 
assert a partial defense or set-off, recoupment or counterclaim to an action brought by us, the court 
may withhold from us the entire amount or such portion of the attorney fees as the court considers 
equitable. 
New York Residents: New York residents may contact the New York state banking department to 
obtain a comparative listing of credit card rates, fees and grace periods: 1 State St., New York, NY 
10004, 1-800-518-8866. 
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally 
available to all creditworthy customers, and that credit reporting agencies maintain separate credit 
histories on each individual upon request. The Ohio Civil Rights Commission administers compliance 
with this law. 
Married  Wisconsin  Residents:  No  provision  of  any  marital  property  agreement,  any  unilateral 
statement, or court decree under Wisconsin’s Marital Property Act adversely affects the interest of a 
creditor unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement, 
statement or decree or has actual knowledge of the adverse provision when the obligation to the 
creditor is incurred. We may require that you pay the entire amount that you have outstanding if you 
do not pay amounts that come due 2 times within 12 month period. You will also have to pay your 
entire amount outstanding if you fail to do anything required in this agreement and that failure makes 
it likely that you will not be able to pay your bills from us as they become due. 
Texas Residents: To contact us about your Account call 1-800-208-2500. This contract is subject in 
whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 North 
Lamar Boulevard, Austin, Texas 78705-4207. Phone (800) 538-1579; www.occc.state.tx.us. Contact 
the Commissioner relative to any inquires or complaints.

64179

Effective 3/29/2017

WebBank Fingerhut Advantage 
Credit Account Agreement
This is the Agreement which covers your credit account (called your “Account”) with WebBank for 
purchases you make with Fingerhut. Do not enter into this Agreement before you read it or if any 
spaces intended for the agreed terms are left blank. You are entitled to a copy of this Agreement 
at the time you sign it. You acknowledge that you have received a copy of this Agreement for your 
records.
You can use your Account to purchase goods or services from Fingerhut or any merchant authorized 
to accept your Account, and to pay for goods and services offered in connection with your Account. 
This account may require a down payment on your first purchase. You may at any time pay off the 
full balance of your Account. You may only use your Account for personal, family, and household 
purposes. You and WebBank will be bound by this Agreement from the first time a transaction is 
posted to your Account. 
In  this  Agreement,  and  in  your  monthly  statements  (“Statements”),  the  words  “you”  and  “your” 
refer to all persons named on the credit account we issue or who have signed the application or 
acceptance forms, and the words “we”, “us” and “our” refer to WebBank (and, as applicable, its 
agents, successors and assigns). An applicant, if married, may apply for a separate account.
Your Promise to Pay. You promise to pay for (a) credit extended by WebBank to you or anyone you 
allow  to  use  your  Account;  (b)  interest  charges,  late  fees,  and  all  other  charges  provided  in  this 
Agreement or that you (or anyone you allow to use your Account) agree to pay; and (c) collection costs 
and attorneys’ fees to the extent permitted by applicable law if your Account should go into default. If 
your Account is a joint account, all joint account holders promise to pay and be jointly and individually 
responsible for all amounts due under this Agreement.
Available Credit. Your Account is an open end account, subject to the following credit limits. We will 
assign you a credit limit, and we will indicate your current credit limit on each Statement. You agree 
not to exceed the credit limit that we establish for you. If you request a transaction that would exceed 
the credit limit, we may decline it or we may allow the transaction without increasing your credit limit. 
You will be obligated to pay any amount in excess of your credit limit in accordance with the terms 
of this Agreement. We reserve the right to delay an immediate increase in available credit due to a 
payment(s) made on your WebBank Fingerhut Advantage Credit Account. We may increase or reduce 
your credit limit, or suspend or terminate your Account, at any time with or without cause. We will 
provide notice to you to the extent required by applicable law.
Statements. We will send you a Statement covering each billing cycle in which you have a balance 
(including deferred balances, if applicable), or if required by law. Billing cycles are approximately one 
month long. Each Statement will reflect: (a) the total amount you owed on the first day of your billing 
cycle (called the “previous balance”), which will include any deferred balance (see below under the 
heading “Deferral Periods”); (b) payments, credits, purchases and interest charges, and all other 
charges made to your Account during the billing cycle; (c) the total amount you owed at the end of the 
billing cycle (called “new balance”); (d) the minimum payment you must make (called the “minimum 
payment”); and (e) the date by which the minimum payment must be paid to avoid a late charge.
Payments. The minimum payment is based on your Account balance as outlined in the Payment Chart 
below. The minimum payment is due by the date set forth on the Statement. We will not impose any 
late charges if you pay at least the minimum payment reflected in your Statement by the payment 
due date specified, which will always be at least 24 days from the Statement date. If you wish, you 
may pay more than the minimum payment and at any time you may pay the entire new balance, 
without penalty.
Payment Instructions. All payments made by mail must be made by check or money order, following 
the instructions in this Agreement and on your Statement. You agree that we may return any payment 
you make, without applying the payment to your Account and without presentment or protest, for 
reasons including, but not limited to, that the check or money order: (1) is not drawn on the U.S. 
Post Office or a financial institution located in the United States; (2) is missing a signature; (3) is 
drawn  with  different  numeric  and  written  amounts;  (4)  contains  a  restrictive  endorsement;  (5)  is 
post-dated; (6) is not payable to WebBank or its assigns; (7) is not payable in U.S. dollars; or (8) is not 
paid upon presentment. If we accept a check payment made in U.S. dollars and drawn on a financial 
institution not located in the United States, you agree to pay any bank collection fees we incur. We can 

PAYMENT CHART

Account Balance
To
From 
$6.98 
$.01 
$44.99 
$6.99 
$69.99 
$45.00 
$99.99 
$70.00 
$124.99 
$100.00 
$199.99 
$125.00 
$249.99 
$200.00 
$299.99 
$250.00 
$349.99 
$300.00 
$449.99 
$350.00 
$549.99 
$450.00 
$799.99 
$550.00 
$1,099.99 
$800.00 
$1,100.00 
$1,399.99 
$1,400.00 

Minimum PMT $

100%
$6.99
$7.99
$8.99
$10.99
$14.99
$17.99
$20.99
$23.99
$29.99
$34.99
$46.99
$59.99
$69.99
5%

accept late or partial payments, or checks or money orders marked “Payment in Full” or otherwise 
restrictively endorsed, without losing any of our rights under this Agreement. All payments under this 
Agreement must be received at the address specified on your billing statement. Payments may also 
be made electronically on the web or phone, by ACH payment from a checking or savings account. 
However, you may not make a payment using any credit card issued by WebBank. We may charge 
a processing fee for payments made by phone and when made with the assistance of a service 
representative of the company for an expedited payment posted on the same day. The fee will be 
disclosed at the time you request to make the payment. 
How  We  Figure  Periodic  Interest  Charges.  To  calculate  the  Interest  Charge  for  each  monthly 
statement  we  multiply  the  average  daily  balance  times  the  monthly  periodic  rate.  Your  monthly 
periodic rate may vary each billing cycle. Certain purchases may be subject to a deferred interest 
promotion that permits you to avoid paying Interest Charges on those balances if repaid in full during 
the Deferral Period. Any Interest Charges that accrue during Deferral Periods that are charged to the 
account because the deferred balance is not paid in full during the Deferral Period will appear as 
Interest Charges on the statement following expiration of the Deferral Period (see Deferral Periods). 
If the total periodic Interest Charges for a month are less than $1.00 then we charge a minimum 
periodic  Interest  Charge  of  $1.00  which  we  will  apply  to  the  applicable  balance  (to  the  extent 
permitted by applicable law).
Average  Daily  Balance.  We  figure  the  interest  charge  on  your  Account  by  applying  the  monthly 
periodic rate to the Average Daily Balance of your Account, including current transactions. To get 
the Average Daily Balance, we take the beginning balance of your Account each day, add any new 
purchases on that day, and subtract any payments or credits we apply that day. We add interest 
charges to each feature on a monthly basis. We add other charges and fees, such as late fees, on 
the day that such charges or fees are posted to the Account. If your Account has an overall credit 
balance, we treat this as a $0 balance. Purchases subject to Deferral Periods described below are 
excluded from our calculation of the Average Daily Balance until the day following the expiration of 
the Deferral Period. This gives us the daily balance. Then we add up all the daily balances for each 
day in the billing cycle and divide the total by the number of days in the billing cycle. This gives us 
the Average Daily Balance.
Variable APR. Your Annual Percentage Rate (APR) may vary and may increase. The APR is determined 
by adding 21.65% to the Prime Rate (also called the “Index Rate” and defined below). The monthly 
periodic rate is determined by dividing the APR by 12. An increase in your APR will not increase 
your scheduled monthly payment amount, but may increase the time required to repay your Account 
balance.  The  finance  charges  that  are  assessed,  including  the  monthly  periodic  rate,  will  be  in 
amounts or at rates that do not exceed those permitted by law. As of 3/29/2017 the APR is 25.65% 
which corresponds to a monthly periodic rate of 2.138%. 
The Index Rate used to determine the applicable APR is the highest “Prime Rate” as published in  
the “Money Rates” section of the Midwest Edition of the Wall Street Journal on the first day of your 

billing cycle or, if the Wall Street Journal was not published on that date, the most recent day on 
which it was published.
The  amount  of  periodic  interest  charges  and  APRs  are  subject  to  change.  See  below  under  the 
heading “Change of Terms (including Interest Charges).”
When  interest  charges  begin  to  accrue.  Interest  charges  begin  to  accrue  on  each  purchase  on 
the date of the purchase. However, if you paid the new balance on your previous Statement by the 
payment due date shown on that statement, then: (1) if you pay the new balance on your current 
billing  statement  by  the  payment  due  date  shown,  we  impose  no  interest  charges  on  purchases 
during the current billing cycle, and (2) if you make a payment by the payment due date shown on 
your current statement that is less than the new balance, we will credit that payment as of the first 
day in your current billing cycle. In addition, if your previous Statement reflected a new balance and 
you did not pay that new balance in full by the payment due date on that previous statement, then 
we will not impose interest charges on any purchases during the current billing cycle if you pay the 
new balance shown on your current Statement by the payment due date reflected on that current 
Statement.
Deferral Periods. From time to time, we may offer you the opportunity to enter into promotions. 
When you make a purchase under a special promotion, it will be identified on your Statements. Each 
Statement will contain a summary of all deferred purchases, including the unpaid principal balances, 
any accrued or assessed interest charges and the dates until which payments or interest charges are 
deferred. The special deferral terms apply to a purchase for a specified period of time, which we will 
call the “Deferral Period”. When you make a deferred purchase, the Deferral Period will be disclosed 
to you. These special promotions are made available at our discretion, are subject to credit approval, 
are not available for all purchases and cannot be changed by customer request. There is currently one 
type of special promotion, although we may add more or remove any of them at any time. 
No  Payments  Option:  Monthly  payments  on  the  deferred  purchase  are  not  required  during  the 
Deferral  Period.  Interest  will  be  assessed  at  the  monthly  periodic  rate  in  effect  on  your  deferred 
purchase  from  the  date  of  purchase.  Interest  assessed  during  the  Deferral  Period  will  be  added 
to  your  deferred  balance,  regardless  if  you  pay  off  your  deferred  balance  before  the  expiration 
of  the  Deferral  Period.  The  amount  of  your  deferred  purchase(s)  is/are  not  considered  when  we 
calculate your minimum monthly payment. We do consider your deferred purchase(s) for purposes 
of determining your available credit.
Late Fees. Late fees will be equal to your minimum payment due with a maximum amount of up to 
$27.00. The maximum amount will increase to $38.00 if you did not make your minimum payment on 
time in any one of the 6 prior billing cycles (or to the extent permitted by applicable law). The late fee 
will never be greater than your minimum payment due to which the late fee relates.
Returned Payment Fees. Returned payment fees will be equal to your minimum payment due with 
a maximum amount of up to $27.00. The maximum amount will increase to $38.00 if you had any 
returned payments in any one of the 6 prior billing cycles (or to the extent permitted by applicable 
law). The returned payment fee will never be greater than your most recent minimum payment due. 
No Annual Account Fee. You are not charged a separate annual fee to maintain your Account.
Application of Payments. Each payment you send to us will be applied to your Account in a manner 
consistent with applicable law. Generally, we will apply your payment first to satisfy all minimum 
payments due. You may pay the entire balance on your Account at any time without incurring any 
additional charge for prepayment. 
Change  of  Terms  (including  Interest  Charges).  Subject  to  applicable  law,  we  may  change  or 
terminate any term of this Agreement or add new terms at any time, including, without limitation, 
adding or increasing fees, increasing your minimum payment and increasing the rate or amount of 
interest charges or changing the method of computing the balance upon which interest charges are 
assessed. Prior written notice will be provided to you when required by applicable law. Changes may 
apply to new and outstanding balances.
Default. You will be in default under this Agreement if: (a) you fail to make at least the minimum 
payment by the Payment Due Date specified on your Statement; (b) you violate any other provision of 
this Agreement; (c) you die; (d) you become the subject of bankruptcy or insolvency proceedings; (e) 
you or any part of your property becomes the object of attachment, foreclosure, repossession, lien, 
judgment, or garnishment proceedings; (f) you fail to provide to us any information we reasonably 
deem necessary; (g) you supply us with misleading, false, incomplete or incorrect information; (h) 
we receive information indicating that you are unable to perform the terms and conditions of this 

Agreement; (i) you move out of the United States; or (j) you use your Account in an unlawful manner. 
Upon default, we have the right to require you to pay your entire Account balance (including all 
deferred purchases and all accrued but unpaid charges) immediately, and to sue you for what you 
owe. You will pay our court costs, reasonable attorneys’ fees and other collection costs related 
to  the  default  to  the  extent  permitted  by  applicable  law.  Following  any  default,  any  balances 
outstanding under this Agreement will continue to accrue interest charges until paid in full and 
will be subject to all the terms and conditions of this Agreement, except that we will apply your 
payments first to attorneys’ fees and other court costs (to the extent permitted by applicable law), 
and then in the order set forth in the Application of Payments section. 
Closing  Your  Account.  We  can  close  your  Account  at  any  time.  You  can  cancel  or  close  your 
Account at any time by writing to us at WebBank, Fingerhut Credit Account Services, P.O. Box 
1250, St Cloud, MN 56395-1250. If we have issued you a card with your Account number, you must 
cut it in half and return it to us. You may not use your Account for any purchases after you cancel 
or close your Account. If you do not pay us in full when you cancel, your outstanding balances 
will continue to accrue interest charges and other charges, and will be subject to the terms and 
conditions of this Agreement.
Liability for Unauthorized Use/Lost or Stolen Account Numbers. If you notice the loss or theft 
of  your  Account  number  or  a  possible  unauthorized  use  of  your  card,  you  should  write  to  us 
immediately at WebBank, Fingerhut Credit Account Services, P.O. Box 1250, St Cloud, MN 56395-
1250, or call as at 1-800-208-2500. You will not be liable for any unauthorized use that occurs after 
you notify us. You may, however, be liable for unauthorized use that occurs before you notify us. In 
any case, your liability will not exceed $50. However, unauthorized use does not include use by a 
person whom you have given the Account number to or authority to use the Account, and you will 
be liable for all use by such a user. To terminate this authority you must send us notice in writing. 
Change  of  Name,  Address,  Telephone  Number  or  Employment.  Notify  us  immediately  of  any 
change in your name, mailing address, telephone number or place of employment. Send changes 
to: WebBank, Fingerhut Credit Account Services, P.O. Box 1250, St Cloud, MN 56395-1250. 
Consent for Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents, 
and others calling at their request or on their behalf to contact you at any number (i) you have 
provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach 
you at. We may contact you in any way, such as calling, texting, using an automated dialer or using 
pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you 
are charged for it by your provider.
No Oral Modifications: We are clarifying that this Agreement cannot be changed orally.
Assignment of Account. We may sell, assign or transfer your Account or any portion thereof without 
notice to you. You may not sell, assign or transfer your Account. 
Reporting and Monitoring. We may report information about your Account to credit bureaus. Late 
payments, missed payments, or other defaults on your Account may be reflected in your credit 
report. You agree that any government agency may release your residence address to us, should it 
become necessary to locate you. You agree that we may record your calls, and that our supervisory 
personnel may listen to telephone calls between you and our representatives in order to evaluate 
the quality of our service to you and other cardholders.
Updated Financial and Other Information. Upon request, you agree to promptly give us accurate 
financial and other information about yourself. We may obtain information about you from credit 
bureaus or other third parties at any time. You agree that the information that you provide to us is 
accurate as of the date provided, and that if the information changes you will contact us with the 
notice of the change. 
Governing Law/Enforceability. This Agreement and your Account will be governed by federal law 
applicable to a FDIC-insured institution and, to the extent permitted by law and not preempted 
by federal law, the law of Utah, without regard to its choice of law provisions. You agree that 
this Agreement is entered into between you and us, and received by us, in Utah and we extend 
credit to you from Utah, whether or not you live in Utah. We will make the decision whether to 
open an account for you based on criteria established in Utah. If any provision of this Agreement 
is determined to be void or unenforceable under any applicable law, rule or regulation, all other 
provisions  of  this  Agreement  will  remain  enforceable  (except  as  specifically  addressed  in  the 
Arbitration  provision).  Our  failure  to  exercise  any  of  our  rights  under  this  Agreement  will  not 
be deemed to waive our rights to exercise such rights in the future. This Agreement is a final 
expression of the agreement between you and us and this Agreement may not be contradicted by