106730  04/24/13  11:21 AM  Page 1

C. Late Payment Fee. The first time we do not receive a required minimum
payment when due, we may charge a Late Payment Fee of the minimum
payment due or $25, whichever is less. If over the next six Billing Cycles,
the minimum payment is not received when due, we may charge a Late
Payment Fee of the minimum payment due or $35, whichever is less. 
D. Other  Fees.  We  may  also  charge  the  following  fees,  subject  to  any

restrictions of applicable law.
1. Copy Fees. We may charge you a fee of up to $7 for each copy of a
Statement or sales draft you request or up to $5 for each copy of a
payment check or written Access Device you request. However, we
will  not charge  you  for  copies  of  documents  that  you  request  in
connection  with  a  billing  error/inquiry  you  may  assert  against  us
under applicable law. 

2. Same Day Telephone Payment Processing Fee. From time to time,
we may allow you to expedite a single payment to your Credit Card
Account from a designated bank account of yours by telephone. If you
speak with a TD Bank customer service representative and authorize
us to process any such single telephone payment after 5 p.m. Eastern
Time and credit the payment to your Credit Card Account the same
day, you agree that we may deduct the payment amount from your
designated  bank  account  and  charge  a  Payment  Processing  Fee  to
your Credit Card Account. The amount of the fee will be disclosed at
the time of your request. 

3. Emergency  Replacement  Card  Fee.  If  you  request  a  replacement
Card on an expedited basis (for example, to replace a lost or stolen
Card), we may charge you an Emergency Replacement Card Fee of up
to $25.

4. Stop  Payment  Fee.  If  you  ask  us  to  stop  payment  on  an  Access

Device, we may charge you a Stop Payment Fee of $39.

7. DEFAULT

A. Events of Default. Subject to restrictions of applicable law, you will be in
default and we will not be obligated to honor any attempted use of your
Credit Card Account (even if we do not give you advance notice) if any of
the following events occurs:
• We do not receive any payment required by this Agreement when such

payment is due.

• You exceed any credit limit. 
• A levy is placed on the Collateral Account.
• You are unwilling or unable to pay what you owe under this Agreement,

for any reason. 

• You die, become insolvent, file for bankruptcy or otherwise become the

subject of a bankruptcy petition or filing.

• You give us false or misleading information at any time in connection

with your Credit Card Account.

• You send us more than one check or similar instrument that is returned
to  us  unpaid  or  any  automatic,  electronic  or  other  payment  on  your
Credit Card Account cannot be processed or is returned unpaid, for any
reason, within the last six Billing Cycles.

• You breach or otherwise fail to comply with any term or condition of this

Agreement.

• We have reason to suspect that you may have engaged or participated
in any unusual, suspicious, fraudulent or illegal activity on your Credit
Card Account or any other account or loan you have with us or our
affiliates.

• You  do  not  give  us  any  updating  information  about  your  finances,
employment  or  any  other  information  we  may  reasonably  request,
promptly after our request.

B. Our Rights After Default. In the event of default, we may close your Credit
Card Account, require you to pay the unpaid balance in full or take any other
action permitted by applicable law, including the application of funds in your
Collateral Account to your outstanding Credit Card Account balance pursuant
to this Agreement.

C. Collection  Costs. If  we  refer  any  past  due  amounts  you  owe  under  this
Agreement to a collection agency or lawyer for collection, you agree to pay
us our reasonable costs of collection, including without limitation collection
agency fees, court costs and attorneys’ fees actually incurred by us, to the
fullest extent permitted by applicable law.

8. CLOSING YOUR CREDIT CARD ACCOUNT.

A. We  May  Close  Your  Credit  Card  Account.  Except  where  prohibited  by
applicable law, we may close your Credit Card Account to new transactions
at any time, for any reason and without prior notice.

B. You May Ask Us to Close Your Credit Card Account. You may ask us to
close your Credit Card Account to new transactions at any time by notifying
Customer Service in writing at P.O. Box 84037, Columbus, GA 31908-4037,
by first class mail, postage prepaid, or contacting us at 1-888-561-8861. If
you request to close your Credit Card Account by phone, we may require a
written notice from you. 

C. After Your Credit Card Account is Closed. After your Credit Card Account is
closed, you still must pay us any unpaid amounts under this Agreement. We
will not be liable to you for any consequences resulting from closing your
Credit Card Account. You agree to cut, tear or otherwise deliberately damage
all  Cards  and  unused  Access  Devices  in  your  possession  or  control  to
prevent unauthorized use by third parties and, upon our request, return such
Cards or Access Devices to us at P.O. Box 84037, Columbus, GA 31908-
4037, by first class mail, postage prepaid.

9. CHANGING THIS AGREEMENT. We may change this Agreement, including (for
example)  changing  the  addresses  and  telephone  numbers  you  should  use  to
contact us, changing fees, adding new fees, changing the Daily Periodic Rates
and  corresponding  APRs  or  increasing  your  required  minimum  payment.  We
may  change  this  Agreement  based  on  economic  or  market  conditions,  our
business strategies or for any other reason (including reasons unrelated to you
or your Credit Card Account). Any changes we make to this Agreement may
apply  to  new  transactions  and/or  then-existing  balances  as  described  in  any
notice we are required to provide to you. We will notify you of changes to this
Agreement  as  required  by  applicable  law.  We  will  mail  any  required  written
notice to the address we have on file for your Credit Card Account.

10. INFORMATION SHARING.

A. Credit  Information.  We  may  review  your  credit  history  by  obtaining
information from consumer reporting agencies and others. We may report
information  about  your  Credit  Card  Account  to  credit  bureaus.  Late
payments, missed payments or other defaults on your Credit Card Account
may be reflected in your credit report. 

B. How to Dispute Reports Regarding Your Credit Card Account. If you think
the information we furnished to consumer reporting agencies on your Credit
Card  Account  is  not  accurate  please  write  to  us  at:  P.O.  Box  84037,
Columbus, GA 31908-4037. With your letter, please provide us with:
• Your name, address and telephone number; 
• The Credit Card Account number(s) for the Credit Card Account(s) you 

are disputing; 

• A  description  of  the  specific  information  you  are  disputing  and  an 

explanation of the basis for your dispute; and 

• Copies  of  documents  that  support  your  dispute.  These  could  include
(but  are  not  limited  to):  a  copy  of  your  consumer  report  showing  the 
information that you are disputing, your Statements, a court order or (if 
applicable) a copy of a police report or fraud or identity theft affidavit.

If you fail to provide us with the information listed above, we may be unable
to  investigate  your  dispute.  We  will  notify  you  of  the  results  of  our
investigation  within  30  days  of  receiving  your  dispute.  A  delay  may  be
experienced if the dispute is not mailed to the address above. We may take
up to 45 days to investigate your dispute if, after providing us with your
initial notice of dispute, you provide us with additional information that is
relevant to our investigation. If our investigation finds that the information
you are disputing was inaccurate, we will notify the consumer reporting
agency of our determination and provide the consumer reporting agency
with the information necessary to correct the inaccuracy. 
We will have no duty to investigate disputes that are substantially similar to
a prior dispute that we have responded to, or that relate to your identifying
information  (such  as  your  name,  date  of  birth,  Social  Security  number,
telephone  number  or  address),  inquiries  appearing  on  your  consumer
report,  information  from  public  records  (such  as  judgments,  liens,  or
bankruptcies, unless these matters relate to your Credit Card Account(s)
with us), information related to fraud or active duty alerts on your report,
or information provided to the consumer reporting agency from someone
other than us. We will also have no duty to investigate your dispute if we
reasonably believe it was submitted or prepared by (or if you submitted it
on a form provided by) a credit repair organization. If we determine that we
will not investigate your dispute for one of these (or some other) reasons
we will notify you of that determination within five Business Days.

C. Telephone Monitoring and Recording. You consent to and authorize us
and  any  of  our  affiliates,  agents  and  marketing  associates  to  monitor
and/or record any of your telephone conversations with any of our or their
representatives for quality control, training and other lawful purposes.
D. Telephone Numbers. If you give a cell phone number directly to us, you
consent to and agree to accept collection calls to your cell phone from us
and our agents. For any telephone or cell phone calls placed to you by us
or our agents, you consent and agree that those calls may be automatically
dialed  and/or  use  recorded  messages,  subject  to  any  restrictions  of
applicable law.

E. Credit  Card  Account  Benefits.  We  may  offer  you  certain  third-party
benefits and services with your Credit Card Account, as outlined in benefits
brochures or other documents and internet web sites. For example, certain
eligible purchases charged with a VISA® Platinum Card may be eligible for
certain  benefits  or  services  through  VISA  U.S.A.  Inc.  (or  its  affiliates).
Certain eligible purchases charged with your Card also may be eligible for
Easy Rewards points benefits. Any benefits or services we make available
through third parties (including without limitation VISA U.S.A. Inc.) are not
a  part  of  this  Agreement,  but  are  subject  to  the  terms  and  restrictions
outlined in the applicable benefits brochures or other documents or internet
web sites provided or made available to you from time to time. You agree
that we may give information about you and your Credit Card Account to
any  third  party  reasonably  needing  the  information  to  provide  you  with
such  benefits  or  services.  You  also  agree  that  we  or  any  third  party
providing  any  Credit  Card  Account-related  benefits  or  services  may
change, add, or delete benefits or services at any time without notice. 

11. MISCELLANEOUS.

A. Certain  Waivers.  You  waive  the  right  of  “presentment”  and  “notice  of
dishonor.” “Presentment” means the right to require us to demand payment
of  amounts  due  under  this  Agreement.  “Notice  of  dishonor”  means  the
right to require us to give notice to other persons that amounts due under
this Agreement have not been paid. You also waive demand for payment,
protest, notice of protest and all other notices and demands, to the fullest
extent permitted by applicable law.

B. Assignment.  We  may  assign  your  Credit  Card  Account  and  our  rights
under this Agreement to our affiliates or to some other financial institution
or company without advance notice to you. That entity will take our place
in this Agreement if we do this. You may not assign or transfer your Credit
Card Account or any of your responsibilities under this Agreement to any
other person.

C. Evidence.  You  agree  that  we  may  use  a  copy,  microfilm,  microfiche  or
digital image of any Statement or other document to prove what you owe
us and that the copy, microfilm, microfiche or digital image will have the
same validity as the original. 

D. Captions and Interpretation. The captions used in this Agreement are for
convenience only. They do not affect the meaning of the paragraphs in this
Agreement. In this Agreement, use of the singular includes the plural and
use of the plural includes the singular. 

E. Severability. If any part of this Agreement is held to be invalid, the rest will

remain in effect.

F. Delay in Enforcement/No Waiver. We may delay or waive enforcing any
of  our  rights  or  remedies  under  this  Agreement  or  under  applicable  law
without losing any of those rights or remedies. Even if we do not enforce
our rights or remedies at any one time, we may enforce them at a later
time. 

G. Entire  Agreement.  The  Agreement  is  the  entire  agreement  between  you
and us relating to your Credit Card Account. The Agreement replaces any
other agreement relating to your Credit Card Account that you and we made
earlier or at the same time. In the event of a conflict between this Personal
Credit  Card  Agreement  and  any  other  document  (including  the  other
documents that are collectively called the Agreement), this Personal Credit
Card  Agreement  will  control  unless  otherwise  expressly  provided  in  the
other document.

YOUR BILLING RIGHTS; 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 bill, write to us at:

TD Bank
P.O Box 84037
Columbus, GA 31908-4037

In your letter, give us the following information:

• Credit  Card  Account  information:  Your  name  and  Credit  Card  Account

number.

• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe

what you believe is wrong and why you believe it is a mistake.

You must contact us:

• Within 60 days after the error appeared on your bill.
• At least 3 Business Days before an automated payment is scheduled, if you

want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do
we are not required to investigate any potential errors and you may have to pay the
amount in question.

What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, 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, 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 bill, 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 credit 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. 
If we do not follow all of the rules above, you do not have to pay the first $50.00 of
the amount you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with a
credit 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. 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 $50.00. (Note: Neither of these are necessary if your purchase
was based on an advertisement we mailed to you, or if we own the company
that sold you the goods or services.)

2. You must have used your credit card for the purchase. Purchases made with
cash advances from an ATM or with a check that accesses your Credit Card
Account do not qualify.

3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase,
contact us in writing at:

TD Bank
P.O Box 84037
Columbus, GA 31908-4037

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. 

1.

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F

Personal Credit Card Agreement
TD Easy Rewards Secured or TD Cash Rewards Secured 

INTRODUCTION. Your TD Bank VISA®* Card account (“Credit Card Account”) is
subject to this Personal Credit Card Agreement, including the Interest Rate and
Fee Schedule we send with your credit card(s) (“Card”) when we open a Credit
Card Account for you. This Personal Credit Card Agreement, the Interest Rate
and Fee Schedule and the application or solicitation you submitted for this Credit
Card Account are all a part of and collectively referred to as the “Agreement.”
Please read and keep this Agreement for your records. 
You, your, and yours mean each person who applied for the Credit Card Account
and the person to whom we direct billing statements (“Statements”). We, us,
our and  TD  Bank mean  TD  Bank,  N.A.,  a  national  bank  with  its  main  office
located in Delaware, and its successors and assigns.
A. Credit  Card  Account  Use  and  Acceptance.  By  accepting  your  Card  and
using or maintaining your Credit Card Account, or letting someone else use
your Card or your Credit Card Account, you agree to all of the terms of this
Agreement. You acknowledge that you received a copy of this Agreement.
Your signature on your application or solicitation for this Credit Card Account,
including without limitation any electronic signature or oral acceptance of a
telephone  offer,  your  Card  or  any  Credit  Card  Account-related  document
represents your signature on this Agreement.
You agree that you will not use your Card or Credit Card Account for any
unlawful  or  illegal  purposes.  Such  transactions  include,  but  are  not
limited to, online gambling transactions, the purchase of lottery tickets or
casino chips or off-track betting and wagering. We reserve the right to
block all such transactions. If any such charge or transaction is approved
and processed, you will still be liable for the charge. 

B. Promise to Pay. You promise to pay us for all purchases, balance transfers
and  cash  advances  resulting  from  the  use  of  your  Card  or  Credit  Card
Account, plus interest charges and all other fees and charges owed under
this Agreement.

2. GOVERNING  LAW.  Applicable  federal  law  and  the  substantive  laws  of  the
State  of  Delaware  (to  the  extent  not  preempted  by  federal  law)  without
regard  to  principles  of  conflicts  of  law  or  choice  of  law  shall  govern  this
Agreement. To the extent any court determines that this Agreement is subject
to Maryland law concerning credit, you and TD Bank agree that your Credit
Card  Account  is  governed  by  Title  12,  Subtitle  9  of  the  Commercial  Law
Article of the Annotated Code of Maryland, except as preempted by federal
law.

3. COLLATERAL ACCOUNT AND SECURITY AGREEMENT.

A. Collateral Account. You understand and agree that you established and will
maintain an individual TD Bank savings account (the “Collateral Account”) in
your name to secure repayment of your Credit Card Account. You deposited
and will maintain an amount that equals your Credit Card Account credit limit
in the Collateral Account and provided the security deposit funds to serve as
security  for  your  Credit  Card  Account.  The  amounts  deposited  by  and
maintained  in  the  Collateral  Account  at  any  time  and  any  interest  earned
thereon shall be referred to as the “Funds”. You agree to sign all applications
and documents that we may request from time to time that show that you
have  granted  and  assigned  to  us  the  security  interest  in  the  Collateral
Account.

B. Security Agreement. As of the date you established the Collateral Account
and  provided  the  Funds,  you  agree  as  follows  (terms  not  defined  in  this

* VISA  is  a  registered  trademark  and  service  mark  of  VISA  International  Service
Association, and is used by TD Bank, N.A. pursuant to a license from VISA U.S.A. Inc.

 
106730  04/24/13  11:21 AM  Page 2

section 3.B. (the “Security Agreement”) have the same meaning that such
terms have in the remainder of this Agreement):
1. Collateral. You understand and agree that you have provided Funds to
serve as security for your Credit Card Account. All Funds will be held in
the  Collateral  Account.  If  the  Collateral  Account  is  amended,  extended,
renewed or closed and replaced for any reason, the resulting Collateral
Account  will  be  deemed  the  Collateral  Account  for  purposes  of  this
Security  Agreement.  You  may  not  use  any  portion  of  the  Collateral
Account to secure other loans.

2. No Withdrawals. You agree not to make withdrawals from the Collateral
Account while the Funds are used as collateral to secure the obligations
to us that you incur in connection with your Credit Card Account. 

3. Pledge and Grant of Security Interest. Your obligations to us under the
Agreement and this Security Agreement and any expenses that we incur
in  enforcing  your  obligations  under  the  Agreement  and  this  Security
Agreement, where permitted by applicable law, are collectively referred to
as “Obligations.” You hereby pledge and grant to us a security interest in
the Funds for the purpose of securing your Obligations. You irrevocably
and unconditionally relinquish all possession and control over and pledge
and assign as security to us all of your right, title and interest in and to
any and all Funds. You agree to take any actions we request to perfect or
protect the first lien position of our security interest in the Funds. 

4. Legal Proceedings. You represent that there are no current lawsuits or
bankruptcy proceedings that might affect our interest in the Funds. You
have not and will not attempt to transfer any interest in the Funds to any
person other than us.

5. Our Actions. We will maintain records to account for the Funds. We will
pay interest on the Funds. Such interest will be added to the Collateral
Account and will constitute proceeds securing your Obligations.

6. Default. You will be in default under this Security Agreement if you are in
default in any respect as defined in the Agreement, including failing to pay
your  Obligations  at  any  time  when  due.  Upon  any  such  default,  you
hereby authorize us to withdraw Funds from the Collateral Account and to
apply  such  amounts  to  your  Obligations  without  additional  notice  or
demand for payment. The foregoing rights will be in addition to all other
rights we have under the law or the Agreement.

7. Application of Funds to Your Credit Card Account. If you or we close
your Credit Card Account, or if you are in default under the Agreement, we
may apply the Funds towards any outstanding Obligations. You will not be
considered  to  have  made  a  payment  on  your  Credit  Card  Account
because we have applied funds from the Collateral Account to your Credit
Card Account. If you have any outstanding Obligations after the Funds are
applied, you will be responsible for the repayment of such amounts, and
we may continue to report your Credit Card Account as delinquent.
8. Applicable Law; Assignment. This Security Agreement and our security
interest and rights as pledged hereunder will be governed by the laws of
the State of Delaware. We may, in our sole discretion, assign our rights
and obligations under this Security Agreement.

9. Personal  Deposit  Account  Agreement.  You  acknowledge  that  the
provisions  of  the  TD  Bank  Personal  Deposit  Account  Agreement  you
received  when  you  established  the  Collateral  Account  (the  “Deposit
Account Agreement”) apply to the Collateral Account. If a provision of the
Deposit Account Agreement conflicts with this Security Agreement, this
Security Agreement will prevail.

C. Eligibility to Apply for an Unsecured Card. If you use and maintain a Credit
Card Account for 24 consecutive Billing Cycles without committing an act of
default  pursuant  to  the  Agreement,  you  may  be  eligible  to  apply  for  an

unsecured TD Bank credit card upon your request. You may be required to
complete a new application that may include a new credit inquiry from your
credit  bureau.  You  must  meet  separate  eligibility  requirements  in  order  to
obtain such an unsecured card.

4. USING YOUR CREDIT CARD ACCOUNT.

A. Credit Limit.

1. General.  Your  initial  credit  limit  is  shown  in  the  Agreement  disclosure
materials we send with your Card when we open a Credit Card Account
for you. Your current credit limit will be shown on each Statement. You
also  may  telephone  Customer  Service  at  1-888-561-8861  for  your
current credit limit. You agree to not go over your credit limit. We may
permit you to go over your credit limit, but we are not required to do so.
If your Credit Card Account goes over your credit limit, you agree to pay
the overlimit amount when it is billed or sooner upon our request.

2. Limit for Cash Advances. We may set a credit limit for the total dollar
amount of cash advances that may be outstanding from time to time that
is lower than the overall credit limit for your Credit Card Account. 

3. Changes to Credit Limit. In our discretion, at any time, we may change
any credit limit that applies to your Credit Card Account. We will notify you
if we change any credit limit. You may ask us to change your credit limit
by  contacting  Customer  Service  at  P.O.  Box  84037,  Columbus,  GA
31908-4037,  by  first  class  mail,  postage  prepaid,  or  by  telephoning
Customer Service at 1-888-561-8861. We do not have to agree to any
such request. 
B. Types of Transactions.

1. Purchases. You may use your Card to pay for the purchase or lease of
goods or services wherever your Card is honored. If you use your Card
to purchase or lease goods or services by telephone, mail or internet, you
agree that your signature is not necessary as identification in such cases. 
2. Cash  Advances.  You  may  use  your  Card  to  obtain  cash  advances
wherever  your  Card  is  honored  for  cash  advances.  For  example,  your
Card may be used to obtain cash advances at ATMs displaying the VISA
logo  and  from  participating  financial  institutions  honoring  VISA  credit
cards. You may be required to sign a special form and/or provide your
personal identification number (PIN). Please select a PIN that is not easily
identifiable  and  does  not  consist  of  one  single  number  or  consecutive
numbers  (for  example,  “1111”).  PINs  should  also  not  be  based  on  or
include your birth date, zip code or Credit Card Account number. Please
do not write your PIN on your Card and do not keep your PIN with or near
your Card or any Access Device. See the Interest Rates and Fee Schedule
on the card mailer for Cash Advance fee details. 

3. Balance Transfers. We may allow you to transfer balances from other
credit card accounts with third parties (but not us or our affiliates) to your
Credit Card Account. We may limit the number and types of credit card
accounts from which we will allow you to transfer balances and the times,
amounts, manner and circumstances in which balance transfers may be
requested.  The  minimum  balance  transfer  amount  is  $250  (plus  the
Balance  Transfer  Transaction  Fee).  See  the  Interest  Rates  and  Fee
Schedule on the card mailer for Balance Transfer fee details.

4. Access Devices. We may from time to time issue additional Credit Card
Account  access  devices  (“Access  Devices”).  Access  Devices  may
include,  for  example,  special  checks  you  may  use  to  obtain  cash
advances  or  oral  offers  or  written  forms  by  which  you  may  request
balance transfers. Each Access Device must be in the form we issue and
must be used according to the instructions we give you. We may refuse
to process Access Devices received after any applicable expiration date.

We will not return paid Access Devices to you. Access Devices may not
be used to pay any amount owed to us or our affiliates. We will not certify
any Access Device. You may not post-date any Access Device. We may
refuse to process a post-dated Access Device or process it before the
date on the Access Device. 

5. Foreign  Transactions.  If  you  use  your  Credit  Card  Account  to  make  a
purchase or cash advance in a foreign currency, the transaction will be
converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or
any of its affiliates) from the range of rates available in wholesale currency
markets for the applicable central processing date (which may vary from
the rate VISA U.S.A. Inc. itself receives) or the government-mandated rate
in  effect  for  the  applicable  central  processing  date.  The  currency
conversion rate used by VISA U.S.A. Inc. (or any of its affiliates) on the
currency conversion date may differ from the exchange rate in effect on
the day you made the transaction or on the day the transaction is posted
to your Credit Card Account.

C. Stop Payment. If you want us to stop payment on an Access Device, notify
Customer  Service  immediately  at  P.O.  Box  84037,  Columbus,  GA  31908-
4037, by first class mail, postage prepaid, or call us at 1-888-561-8861. If
you call, you must confirm your request in writing within 14 days. A written
stop payment request will remain in effect for six months unless renewed in
writing. Call or write us with your stop payment request as soon as possible
after you have submitted the Access Device and give us information about
the Access Device to help us identify it.
If you ask us to stop payment, we will make reasonable efforts not to pay
that Access Device. However, if we pay that Access Device despite these
efforts, we will not be liable to you for paying that Access Device. We may
not  be  able  to  stop  payment  if  you  call  or  write  us  after  we  have  started
processing the Access Device. A Stop Payment Fee may apply.

D. Refusal to Honor Your Card or Access Device. A merchant, business or
financial institution may refuse to honor your Card or Access Device. You
agree that you have no legal claims or damages against us or anyone else if
your use of your Credit Card Account is denied by any merchant, business
or financial institution.

E. Statements. 

1. General. At the end of each monthly billing cycle (“Billing Cycle”), if there
was activity on your Credit Card Account, we will send you a Statement
showing what you owe (the “New Balance”) as of the end of the Billing
Cycle.  The  Statement  will  show  any  interest  charges  you  owe,  the
minimum payment due, the payment due date, your current credit limit,
an itemized list of fees, charges, payments and credits posted to your
Credit  Card  Account  during  the  Billing  Cycle  and  other  important
information. We will mail or deliver the Statement to the address we have
on file for your Credit Card Account.

2. Change of Address. You must notify us promptly of any change in your
address by contacting Customer Service at P.O. Box 84037, Columbus,
GA 31908-4037, by first class mail, postage prepaid, or by calling us at
1-888-561-8861.  You  may  also  update  your  address  online  via
www.tdcardservices.com. Until we receive, process and verify your new
address, we will continue to send Statements and other notices to the last
address we have on file for your Credit Card Account.

F. Credit Balance. We will make a good faith effort to return to you any credit
balance  that  has  been  on  your  Credit  Card  Account  longer  than  six
consecutive Billing Cycles (or, in our discretion, for a shorter time period).
You  may  also  request  a  refund  of  a  credit  balance  on  your  Credit  Card
Account at any time by sending your request to Customer Service at P.O. Box
84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. We

may reduce the amount of any credit balance on your Credit Card Account
by applying the credit balance towards new fees and charges posted to
your Credit Card Account. We do not pay any interest on credit balances. 
G. Payments. You may at any time pay off the full unpaid balance under this

Agreement.
1. Minimum  Payment.  If  you  have  an  outstanding  balance,  we  must
receive your minimum payment by no later than 5 p.m. Eastern Time on
the payment due date. The minimum payment will be the greater of:
(i)
(ii) One percent (1%) of the New Balance plus:

$35, or 

(a) The periodic interest charges for the Billing Cycle; plus
(b) The  full  amount  of  any  transaction  fees  (such  as  Cash
Advance,  Balance  Transfer  and  Foreign  Transaction  Fees)
owed for the Billing Cycle; plus

(c) The  full  amount  of  any  Annual  Membership  Fee,  Late

Payment Fee or other applicable fees owed. 

In addition, any past due minimum payment amounts will be added to
your current minimum payment due.
If your New Balance is less than $35, your minimum payment will equal
your New Balance.
Credits,  adjustments,  refunds,  prepayments  and  similar  Credit  Card
Account  transactions  may  not be  used  in  place  of  payment  of  any
portion of a required minimum payment. You may pay more than the
minimum payment due (this is a prepayment) without any penalty. The
sooner  you  pay  the  New  Balance,  the  less  you  will  pay  in  interest
charges. A prepayment in one Billing Cycle will not excuse you from
paying the minimum payment due in the next Billing Cycle.

2. Making  Payments.  Payments  may  be  made  by  mail,  online,  at  a  TD
Bank store or over the phone. All payments must be in U.S. dollars and,
if applicable, drawn on a U.S. bank. Business Day is defined as Monday
through Friday, excluding federal holidays.
a. By  Mail. Send  a  check  or  money  order  to  the  payment  address
shown  on  your  Statement  with  the  payment  stub  from  your
Statement. Do not mail any cash payments. A properly addressed
payment with the payment stub will be credited to your Credit Card
Account as of the date received if we receive it by 5 p.m. Eastern
Time  on  a  Business  Day.  A  properly  addressed  payment  with  the
payment stub received after 5 p.m. Eastern Time or on a day that is
not a Business Day will be credited to your Credit Card Account as
of the next Business Day. You agree to not give us any post-dated
check as payment on your Credit Card Account. If the payment due
date falls on a day on which we do not receive or accept payments,
the payment will not be treated as late if received the next Business
Day. 

b. Online. You may pay online by logging in to our website. A payment
made online will be credited to your Credit Card Account as of the
date received if we receive it by 5 p.m. Eastern Time on a Business
Day. Online payments received after 5 p.m. Eastern Time or on a day
that  is  not  a  Business  Day  will  be  credited  to  your  Credit  Card
Account as of the next Business Day. 

c. At TD Bank Stores. You may make a payment in person to one of
our employees at a TD Bank store. A payment made at a TD Bank
store  will  be  credited  to  your  Credit  Card  Account  as  of  the  date
received if we receive it by the close of business for that location. 
d. By  Phone.  You  may  pay  by  phone  by  calling  1-888-561-8861.  A
payment made by phone will be credited to your Credit Card Account
as of the date received if we receive it by 5 p.m. Eastern Time on a

Business Day. Phone payments received after 5 p.m. Eastern Time
or on a day that is not a Business Day will be credited to your Credit
Card Account as of the next Business Day. 

e. Delay  in  Crediting  and  Available  Credit.  We  may  reject  or  delay
crediting  payments  that  do  not  follow  the  instructions  above.  For
example,  there  may  be  a  delay  of  up  to  five  days  in  crediting  a
payment by mail if it is received at an address other than the address
we specify for payments on your Statement or if it is received without
the  required  payment  stub.  Your  available  credit  limit(s)  may  not
reflect  the  payment  for  up  to  15  days  after  we  have  credited  a
payment to your Credit Card Account. 

3. Application of Payments. 

a. Generally.  We  will  generally  apply  your  minimum  payment  in  the

following order:
(i)
(ii)

to Interest Charges and other fees;
to transactions (purchases, balance transfers, cash advances)
with the lowest Daily Periodic Rates and corresponding APRs;
to  transactions  with  the  highest  Daily  Periodic  Rates  and
corresponding APRs.

(iii)

b. Application of Payments in Excess of Minimum Payment. We will
generally apply your payments and credits in excess of the minimum
payment in the following order:
(i)

to transactions (purchases, balance transfers, cash advances)
with the highest Daily Periodic Rates and corresponding APRs;
to  transactions  with  the  lowest  Daily  Periodic  Rates  and
corresponding APRs. 

(ii)

4. Payments  Marked  “Paid  in  Full”.  Any  check,  money  order  or  other
instrument sent in payment on your Credit Card Account marked with
“paid  in  full”  or  similar  notation  to  settle  a  debt  on  your  Credit  Card
Account that is reasonably in dispute (and any accompanying letter or
other instructions) must be sent to: TD Bank, PO Box 16027, Lewiston,
ME 04243-9513, Attention: Customer Service. If such payment is sent
to  any  other  address,  you  agree  that  (i)  we  may  ignore  any  special
notations or instructions on or with the payment and (ii) our crediting
any such payment to your Credit Card Account does not mean that we
have  agreed  to  any  special  notations  or  instructions  on  or  with  the
payment.

5. Automatic Payment. We may allow you to repay amounts owed under
this Agreement through automatic payments from a savings or checking
account.  We  may  terminate  our  permission  to  make  automatic
payments at any time. If we allow automatic payments, no automatic
payment  will  occur  unless  the  savings  or  checking  account  has
sufficient collected funds in it on the Business Day before the payment
due date to cover the full amount of the minimum payment due (or any
larger monthly payment you and we may agree to from time to time). If
an automatic payment does not occur for any reason, you still must pay
the minimum payment and a Late Payment Fee may apply.
If you have authorized us to pay your credit card bill automatically from
your checking or savings account with us, you can stop the payment on
any amount you think is wrong. To stop the payment write to: TD Bank,
P.O. Box 84037, Columbus, GA 31908-4037 or call 1-888-561-8861.
To stop the payment, your letter or telephone call must reach us three
Business Days before the automatic payment is scheduled to occur. 
6. Electronic Check Conversion. When you send a check as payment, you
authorize us either to use information from your check to make a one-
time electronic fund transfer from your bank account or (at our option)
to  process  the  payment  as  a  check  transaction.  When  we  use
information from your check to make an electronic fund transfer, funds

may be withdrawn from your bank account on the same day we receive
your  payment,  and  you  will  not  receive  your  check  back  from  your
financial institution. If we cannot process the electronic fund transfer, or if
it  is  returned  to  us,  you  authorize  us  to  reinitiate  the  electronic  fund
transfer  from  your  bank  account.  Alternatively,  we  may  (at  our  option)
present the original check, a substitute check, draft or similar negotiable
instrument  to  obtain  payment.  If  you  have  questions  about  electronic
check conversion, you may telephone us at 1-888-561-8861.

H. Additional Cards. We may limit the total number of Cards and other Access

Devices issued.

I. Lost or Stolen Cards, Credit Card Account Numbers or Access Devices. If
any Card, Credit Card Account number or Access Device is lost or stolen, or
if you think someone used or may use them without your permission, notify
us AT ONCE by calling 1-888-561-8861. You agree that we may close your
Credit Card Account to new transactions, change your Credit Card Account
number  and  issue  you  a  new  Card(s)  and  new  Access  Devices  with  a
different Credit Card Account number if we have been notified of the possible
loss, theft or unauthorized use. If we do this, you must notify anyone you
have authorized to submit and post charges to your Credit Card Account of
your new Credit Card Account number. Do not use your Card, Credit Card
Account number or Access Device after you notify us, even if your Card or
other Access Device is later found or returned.
Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the
unauthorized use of your Credit Card Account or Card that results in a
fraudulent transaction made over the VISA network. To be eligible, you
must notify us immediately of any unauthorized use of your Credit Card
Account  or  Card.  We  will  provisionally  credit  you  for  losses  from  the
unauthorized Card use within five Business Days of your notification to us
of the loss. The VISA Zero Liability Policy does not apply to transactions
made at an ATM or to any transactions made using your PIN that are not
processed by VISA. We may impose greater liability, or withhold, delay,
limit or rescind any provisional credit that we provide to you under the
Zero Liability Policy, based on factors such as your gross negligence or
fraud,  your  delay  in  reporting  unauthorized  use,  our  investigation  and
verification of your claim, your Credit Card Account standing and history
and other factors. If you are not eligible for the VISA Zero Liability Policy
or it otherwise does not apply, you may be liable for unauthorized use of
your Credit Card Account, but not for more than $50. You won’t be liable
for any unauthorized use of your Credit Card Account that occurs after you
notify  us  of  the  loss,  theft  or  possible  unauthorized  use  of  your  Card,
Credit Card Account number or Access Device. We may require you to
provide certain information in writing to help us find out what happened.
You also must identify for us any charges on your Statement that were not
made by you or someone authorized by you and from which you received
no benefit.

INTEREST CHARGES.
A. Annual  Percentage  Rates.  Annual  Percentage  Rate  or APR  means  the
annual rate of interest charged on Credit Card Account balances. The APRs
and  corresponding  Daily  Periodic  Rates  for  your  Credit  Card  Account  are
listed in the Interest Rate and Fee Schedule. To get the Daily Periodic Rate,
we divide the APR by 365 and round at the seventh place after the decimal
point. We may charge different Daily Periodic Rates and APRs on different
Credit Card Account transactions (such as purchases, cash advances and
balance transfers) or during special promotional periods.

B. Variable Rates. Your APRs are subject to change each Billing Cycle and are
determined  each  Billing  Cycle  by  adding  the  Margins  listed  in  the  Interest
Rate  and  Fee  Schedule  to  the  Index.  The  Index  is  the  Prime  Rate  (U.S.)
published in the Money Rates section of The Wall Street Journal. Your APRs
may increase if the Index increases. If any APR increases, the amount of

5.

interest charged and your minimum payment may increase. Any change
in the APRs will take effect on the first day of the Billing Cycle in which a
change to the Index occurs. When a range of rates has been published
on the day we calculate the APR, the highest of the rates will be used. If
this Index is no longer available we will select a new one.

C. Introductory or Promotional APR. We may offer you an introductory or
promotional APR for specific Credit Card Account transactions, such as
balance  transfers.  Any  introductory  or  promotional  APR  offer  will  be
subject to the terms of the offer and this Agreement. Upon the expiration
of an introductory or promotional APR, the rate will return to the rate for
the specified type of transaction(s) as stated in this Agreement. If you are
60 days past due, you may lose your right to the offer and the rate may
return to the rate for the specified type of transaction(s) as stated in this
Agreement, which rate may be applied to all existing and new balances
on your Credit Card Account. 

D. When Interest Charges Begin. Your due date is at least 25 days after the
close  of  each  Billing  Cycle.  We  will  not  charge  you  any  interest  on
purchases  if  you  pay  your  entire  balance  by  the  due  date  each  Billing
Cycle. Interest charges as a result of the loss of a grace period will not
be  charged  if  those  interest  charges  are  based  on  any  portion  of  a
balance subject to the grace period that was repaid prior to the expiration
of the grace period. We will begin charging interest on cash advances and
balance  transfers  on  the  transaction  date.  There  is  no  time  period  in
which  you  may  repay  a  cash  advance  or  balance  transfer  and  avoid
imposition of an interest charge.

E. Balance  Calculation  Method  (Average  Daily  Balance  Method
(Including Current Transactions)). In any Billing Cycle in which you owe
interest, we will charge interest on your balances of purchases, balance
transfers and cash advances at the applicable Daily Periodic Rates. We
calculate the interest charge on your Credit Card Account by applying the
periodic rate to the “average daily balance” of your Credit Card Account.
To get the “average daily balance”, we take the beginning balance of your
Credit Card Account each day, add any new transactions and fees and
subtract any payments or credits. This gives us the daily balance. Then,
we add up all the daily balances for the Billing Cycle and divide the total
by the number of days in the Billing Cycle. This gives us the “average
daily  balance”.  We  compound  (charge  interest  on)  unpaid  interest
charges and unpaid fees.

F. Minimum  Interest  Charge.  If  the  total  interest  charges  on  your  Credit
Card Account for a Billing Cycle are greater than zero but less than $1,
the interest charge for that Billing Cycle will be $1. 

6. FEES. You agree to pay the fees described below whenever applicable. 

A. Annual  Membership  Fee. If  your  Credit  Card  Account  has  an  Annual
Membership Fee, it will be billed each year, whether or not you use your
Credit Card Account. The amount is listed in the Interest Rate and Fee
Schedule. Your payment of the Annual Membership Fee does not affect
our right to close your Credit Card Account or limit your right to make
transactions on your Credit Card Account. 

B. Cash Advance and Balance Transfer Transaction Fees. 

1. Cash  Advance  and  Balance  Transfer  Transaction  Fees. We  will
charge a transaction fee on each cash advance and balance transfer
you  obtain  in  the  amounts  shown  in  the  Interest  Rate  and  Fee
Schedule. 

2. Foreign Transaction Fee. If your Credit Card Account has a Foreign
Transaction Fee, we may impose a fee equal to a certain percentage
of  the  U.S.  Dollar  amount  of  a  foreign  transaction  as  shown  in  the
Interest Rate and Fee Schedule. 

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