Consumer Credit Card Agreement – Visa® Platinum 

Effective October 1, 2018 

1.0: INTRODUCTORY PROVISIONS AND DISCLOSURES:  
The following information on interest rates, interest charges, and fees are accurate as of 10/1/2018 and may have 
changed after that date. To find out what may have changed, call us at 206-292-3900 or toll free at 1-800-998-4035. 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

•  14.04%  

This APR is a fixed rate.  

APR for Cash Advances  

•  14.04%  

This APR is a fixed rate.  

Paying Interest  

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 due by 
the due date each month. We will begin charging interest on Cash Advances and 
Quasi Cash transactions on the transaction date. 

Minimum Interest Charge 

No Minimum Interest Charge 

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a credit 
card, visit the Consumer Financial Protection Bureau’s website at 
http://www.consumerfinance.gov/learnmore. 

Fees 

Annual Fee 

$25 

Transaction Fees: 

(cid:1)  Cash Advances  

(cid:1) 

International 
Transactions 

Penalty Fees: 

(cid:1)  Late Payment  

(cid:1)  Returned Payment 

A fee equal to the greater of $3.00 or 2% of each advance will be imposed; 
however, this charge will not exceed $50.00 

1% of the U.S. dollar amount of each transaction. 

$25 

$35 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”. 
See your cardholder agreement for more details. 
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your 
cardholder agreement. 

Zions Bancorporation, N.A. dba The Commerce Bank of Washington 

Last Review Date: 20181001 

Zions Bancorporation, N.A. Member FDIC  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1.1:  Zions  Bancorporation,  N.A.  dba  The  Commerce  Bank  of  Washington  among  other  things, 
issues  credit  cards  to  its  customers.  This  is  a  credit  card  agreement  and  disclosure  statement 
("Agreement") between you and The Commerce Bank of Washington (“Bank”) containing the terms that 
will apply to your consumer credit card account (“Account”) and replaces and supersedes any previous 
Consumer Credit Card Agreement and Disclosure Statement (and amendments thereto).  

1.2:  DEFINITIONS  AND  PARTIES  TO  AGREEMENT:  The  following  definitions  apply  and  will 
help  you  better  understand  this  document:  The  word  “Bank”  means  ZIONS  BANCORPORATION, 
N.A. dba The Commerce Bank of Washington. The words “Card Agreement” refers to this Agreement 
together  with  the  Card  Application  and  the  folder  containing  the  Card.  The  word  “Card”  refers  to  the 
one  or  more  credit  cards  and  the  associated  card  number  that  the  Bank  has  issued  with  the  account 
number  for  your  Card  Account,  including  any  renewal  or  replacement  cards.  The  words  “Card 
Account” refer to the Visa Platinum credit card account governed by the Card Agreement between you 
and the Bank. The words “Card Application” refer to the credit application for the Card Account. The 
words “Credit Card Checks” refer to the one or more checks that the Bank may provide to access your 
Card  Account.  The  words  “Credit  Limit”  refer  to  the  maximum  available  dollar  amount  of  credit 
authorized  by  the  Bank.  The  words  “Outstanding  Balance”  refer  to  the  entire  amount  owing  on  your 
Card  Account  at  any  given  time.  The  words  “you”  and  “your”  refer  to  the  one  or  more  individuals 
(including the primary applicant and any co-applicant) who have received credit from the Bank and who 
are liable on the Card Account. The words “we” or “us” refer to The Commerce Bank of Washington. 

1.3:  AGREEMENT:  This  Agreement  documents  the  agreement  between  you  and  the  Bank  regarding 
your  Card  Account.  This  Agreement  contains  important  information  that  you  should  review  carefully 
and keep in your records. This Agreement becomes effective on the earlier of (1) 15 days after the Bank 
sends you the Card, or (2) your first use of the Card or Card Account. Any use of the credit associated 
with your Card Account constitutes your acceptance of the terms of this Agreement. If you do not wish 
to  be  bound  by  this  Agreement,  you  must  not  use  (or  authorize  anyone  else  to  use)  your  Card  or  Card 
Account and you must cancel your Card Account within 15 days after receiving the Card. 
1.3.1:  Integrated  Agreement.  You  agree  that  the  Card  Agreement  is  a  final  written  expression  of  the 
Agreement between you and the Bank and that the Card Agreement may not be contradicted by evidence 
of any alleged oral agreement. 
1.3.2: Severability. The provisions of the Card Agreement are severable to the extent that any provision 
hereof  held  to  be  prohibited  or  unenforceable  in  an  applicable  jurisdiction  shall  not  invalidate  the 
remainder  of  the  Card  Agreement  in  that  jurisdiction  and  shall  be  fully  enforceable  in  any  other 
jurisdiction not expressly prohibiting such provision. 
1.3.3: Delay in Enforcement. The Bank may exercise its rights under the Card Agreement immediately 
or,  at  the  Bank's  sole  discretion,  may  decline  to  enforce  or  delay  in  enforcing  any  such  rights  without 
losing, waiving, or impairing them. 
1.3.4:  Assignment  and  Binding  Effect.  You  may  not  sell,  assign,  or  transfer  the  Card  Agreement  or 
your  Card  Account  or  any  portion  thereof  without  the  express  prior  written  consent  of  the  Bank.  The 
Bank  may  sell,  assign,  or  transfer  the  Card  Agreement  or  your  Card  Account  or  any  portion  thereof 
without  notice  to  you.  Subject  to  the  foregoing,  the  Card  Agreement  shall  be  binding  upon  the  heirs, 
representatives, successors, and assigns of the parties hereto. 

1.4:  AMENDMENT  OF  THIS  AGREEMENT:  The  Bank  may  amend  this  Agreement  by 
changing,  adding  or  deleting  any  term,  condition,  service  or  feature  (“New  Term”)  of  your 
Account  or  of  this  Agreement  at  any  time.  The  Bank  will  provide  you  with  notice  of  the 
amendment  to  the  extent  required  by  law.  Unless  we  state  otherwise,  any  New  Term  may  apply 
only  to  new  activity  on  your  account.  If  the  amendment  includes  any  change  for  which  we  need 
your consent, we  will obtain your consent before that New Term  becomes effective. If we need to 
do so, we may obtain your consent in any one or more of the following ways: (a) by your usage of 
the Account after we give you notice of the amendment; (b) by your failure to write us on time if 
we  request  that  you  write  us  to  reject  a  New  Term;  or  (c)  by  your  affirmative  agreement  which 
may be obtained verbally, in writing or electronically. 
1.4.1: If you do not agree to the Amendment. You must notify the Bank in the manner provided with 
the amendment within 25 days after the effective date of the change, and the Bank may close your Card 
Account  and  may  elect  to  have  you  pay  the  Outstanding  Balance  as  provided  by  law.  Otherwise,  you 
shall be deemed to have agreed to the change(s) in the Bank’s notice. Use of the Card after the effective 
date of the change shall be deemed to be your acceptance of the new terms. 
1.4.2: Any other term in the amendment will become effective without your consent, although you 
may be able to avoid a fee or charge by not making the type of transaction to which it applies after 
the effective date of the amendment. 

1.5: CREDIT LIMIT: The Credit Limit on your Card Account is disclosed on each monthly statement 
(your  initial  Credit  Limit  appears  on  the  folder  containing  the  Card).  You  agree  not  to  use  or  allow 
anyone else to use the Card or your Card Account in any way that would cause the Outstanding Balance 
to exceed your Credit Limit. You are liable for the Outstanding Balance even if it exceeds your Credit 
Limit.  The  Bank  may  increase  or  decrease  your  Credit  Limit  at  any  time  and  will  notify  you  of  such 
change. In addition, you may request a change in your Credit Limit by writing to the address shown on 
your  monthly  statement  or  by  calling  206-292-4550  during  business  hours  (8:00  a.m.  to  5:00  p.m. 
Pacific Time, Monday through Friday).  

2.0: THE CARD: 
2.1: Signature Panel. For your protection, the back of the Card contains a signature panel which should 
be signed before the Card is used. 
2.2: Card is Bank Property. The Card is the property of the Bank and must be returned to the Bank if 
the Bank so requests. Also, the Bank can at any time and without cause and without notice, revoke the 
right to use the Card. If a merchant or a financial institution where the Card is attempted to be used asks 
for the surrender of the Card, it must be surrendered immediately. 
2.3: Expiration. The Card will not be valid after the expiration date printed on the front of the Card and 
it must not be used after that date. 
2.4: Renewal and Replacement Cards. The Bank will continue to issue renewal or replacement Cards 
until the Bank revokes the right to use the Card or until your Card Account is closed. 
2.5:  Additional  Cards.  You  may  request  additional  Cards  at  no  additional  cost  for  members  of  your 
family  or  for  others  you  authorize  to  use  your  Card  Account.  However,  you  are  responsible  for  all 
charges to your Card Account made by such persons. 

3.0: AVAILABLE TRANSACTIONS: Subject to the restrictions described herein, the Card and your 
Card Account may be used in any of the following transactions: 
3.1:  Purchases.  The  Card  may  be  used  to  purchase  or  lease  goods  or  services  wherever  the  Card  is 
honored. 
3.2:  Cash  Advances  and  Quasi  Cash  transactions.  Subject  to  your  available  Credit  Limit,  the  Card 
may  be  used  to  obtain  Cash  Advances  and  Quasi  Cash  transactions  (money  orders,  travelers  cheques, 
etc) from your Card Account (1) in person at the Bank or any participating financial institution or (2) at 
any ATM in the Bank network or any of the other participating ATM networks (the names of which are 
shown  on  the  back  of  the  Card),  subject  to  the  following  limitation  (certain  ATMs  may  have  other 
limits): the total dollar amount of such ATM Cash Advances and Quasi Cash transactions plus all cash 
withdrawal electronic fund transfers made during any calendar day (from midnight to midnight) may not 
exceed  $500  for  each  card  issued  with  your  Card  Account  number.  Cash  Advances  and  Quasi  Cash 

transactions  may  not  exceed  the  lesser  of  your  available  credit  or  at  our  option  $500  for  any  single 
advance. Each Cash Advance and Quasi Cash transaction will create a charge to your Card Account. 
3.3: Electronic Online Cash Advances and Quasi Cash transactions: Subject to your available Credit 
Limit,  the  Card  may  be  used  to  obtain  electronic  online  Cash  Advances  and  Quasi  Cash  transactions 
from your Card  Account. Based on risk, we reserve the right to limit  electronic online  Cash Advances 
and  Quasi  Cash  transactions  access  at  the  sole  discretion  of  the  Bank.  Each  electronic  online  Cash 
Advance  and  Quasi  Cash  transaction  will  be  treated  as  a  Cash  Advance  and  Quasi  Cash  transaction 
subject to a Cash Advance and Quasi Cash Transaction Fee charged to your Card Account. 
3.4:  Internet  Transactions:  If  your  card  is  a  Visa  branded  card,  enrollment  in  the  Verified  by  Visa 
program is required after 3 Internet purchases. In order to make transactions over the Internet merchants 
may request your Verified by Visa password to complete the transaction. If a password is not provided 
the  merchant  may  deny  the  transaction.  If  the  password  is  incorrect  we  may  deny  the  transaction.  By 
allowing  another  to  use  your  Verified  by  Visa  password  you  are  authorizing  the  transaction  on  your 
account. 
3.5:  Internet  Gambling  Notice:  Restricted  transactions  as  defined  in  Federal  Reserve  Regulation  GG 
are  prohibited  from  being  processed  through  this  account  or  relationship.  Restricted  transactions 
generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts 
are  knowingly  accepted  by  gambling  businesses  in  connection  with  the  participation  by  others  in 
unlawful Internet gambling. We have elected to not offer accounts to organizations that offer or sponsor 
Internet  gambling.  Commercial  accounts  receiving  or  processing  Internet  gambling  transactions  are 
subject to closure.   

4.0:  MONTHLY  STATEMENTS:  The  Bank  will  send  you  (or  one  of  you)  a  monthly  statement 
summarizing each transaction on your Card Account during the preceding billing period. Your monthly 
statement will show the total amount you owe as of the end of the billing period, including any finance 
charges, fees, the minimum payment due and the payment due date, which date is at least 25 days from 
the  monthly  statement  closing  date.  It  also  shows  your  current  Credit  Limit.  The  Bank  will  mail  or 
deliver  your  monthly  statement  to  only  one  address.  Preservation  of  your  rights  under  federal  law 
regarding  resolution  of  billing  errors  depends  upon  your  timely  recognition  of  potential  errors,  as 
explained in “Billing Rights Summary” notice at the end of this Agreement. 

5.0: HOW THE NEW BALANCE IS DETERMINED: The total amount that you owe the Bank at the 
end  of  the  current  billing  period  appears  as  the  “New  Balance”  on  the  monthly  statement.  The 
Outstanding Balance at the end of the previous billing period is called the “Previous Balance”. The New 
Balance  is  determined  by  taking  the  Previous  Balance  and  (1)  subtracting  any  payments  and  credits 
received  by  the  Bank  during  the  current  billing  period  and  then  (2)  adding  any  purchases,  Cash 
Advances and Quasi Cash transactions, finance charges, fees, and, other adjustments. 

6.0:  PAYMENTS:  You  promise  to  pay  the  Bank  according  to  the  terms  of  this  Agreement  the  entire 
amount owing hereunder. You agree to make all payments in U.S. Dollars drawn on funds on deposit in 
the  United  States  (however,  the  Bank  may  at  its  option  choose  to  accept  payments  made  in  foreign 
currency or made by drawing on funds on deposit outside the United States, in which case you agree to 
pay all conversion fees and bank collection fees incurred by the Bank, which amounts will be treated as 
purchase items). Do not send cash payments. 
6.1: Payment Due Date. The payment due date on your Account will be the same date each month and 
your payment will be due by 5:00 p.m. in the manner and location specified on your billing statement. 
6.2: Amount of Minimum Payment. If the New Balance is less than $5, the minimum payment is the 
full  amount  of  the  New  Balance.  The  minimum  payment  due  each  month  is  5%  of  the  New  Balance 
which  does  not  exceed  your  credit  limit  (rounded  up  to  the  nearest  dollar),  or  $5  whichever  is  greater, 
plus the entire portion of the New Balance in excess of your credit limit, plus any amount past due. You 
shall make (and the Bank shall have received at the address designated on your monthly statement) on or 
before 5:00 p.m. on the due date the minimum payment shown on your  monthly statement (or, at your 
option,  any  greater  amount  up  to  the  Outstanding  Balance).  Receipt  of  your  minimum  payment  at  any 
address  other  than  that  designated  on  your  monthly  statement  may  create  a  delay  in  posting  the 
minimum  payment  to  your  Card  Account  and  may  thereby  result  in  a  late  fee  and  additional  finance 
charges. Making only the minimum payment will increase the amount of interest you pay and the 
time it takes to repay your balance. 
6.3:  Application  of  Payments.  The  amount  of  payments  credited  to  your  Account  during  a  billing 
period will be applied first to unpaid finance charges, then to any miscellaneous fees, then to the balance 
having  the  highest  APR,  and  then  to  each  successive  balance  bearing  the  next  higher  APR  until  the 
payment  is  exhausted. Balances  having  the  same  APR  will  be  paid  beginning  with  the  oldest  balance 
first. Payment for more than the minimum payment amount (but not more than the Outstanding Balance) 
will  be  accepted  as  a  single  payment  for  that  billing  period;  the  amount  in  excess  of  the  minimum 
payment will not be applied toward future payments due. 
6.4: Acceptance of Partial or Nonconforming Payments. The Bank may accept late payments, partial 
payments or any payment marked with any kind of restrictive endorsement (such as “paid in full” or “in 
settlement”)  without  giving  effect  to  the  restrictive  endorsement  and  without  losing,  waiving,  or 
impairing any of the Bank's rights under this Agreement or under applicable law. 
6.5:  Delay  of  Available  Credit:  We  credit  payments  to  your  account  on  the  day  we  receive  them 
however, we reserve the right, based on risk, to delay the available credit resulting from those payments. 
6.6:  Prepayment.  You  may  repay  all  or  any  portion  of  the  Outstanding  Balance  at  any  time  without 
penalty. 

7.0:  DEFAULT:  If  the  minimum  payment  is  not  received  at  the  proper  address  on  or  before  the 
payment due date, or if you fail to honor any other obligation under this Agreement, or if you die, file for 
bankruptcy, or become insolvent or generally unable to pay your debts, or if you have furnished false or 
misleading information on the Card Application, or if you are in default under any other obligations you 
may owe to the Bank, or if the Bank reasonably believes that you are unable or unwilling to honor all of 
your obligations under this Agreement, the Bank may declare the Outstanding Balance immediately due 
and payable, may close your Card Account, and recover the Card. 

8.0:  LEGAL  ACTION  AND  COSTS:  Without  waiving  the  Dispute  Resolution  provisions  of  this 
Agreement,  the  Bank  may  take  legal  action  (including  collection  action)  against  you  and  you  agree  to 
pay  all  collection  costs  whether  or  not  awardable  as  court  costs  (including  the  cost  of  Bank  staff)  and 
reasonable attorney’s fees (including those of salaried Bank employees). If the Bank sues to collect and 
you win the lawsuit, the Bank will pay your court costs and reasonable attorney’s fees. Also, you agree 
that  regardless  of  where  you  reside,  the  Bank  may  initiate  legal  action  against  you  in  the  State  of 
Washington and you hereby submit yourself to jurisdiction of the courts therein. 

9.0: FINANCE CHARGES: All Cash Advances, Quasi Cash transactions and purchases are subject to 
interest  charges  from  the  date  they  are  added  to  your  Account  until  paid.  If  you  pay  in  full  by  the 
payment  due  date  (which  is  at  least  25  days  from  the  monthly  statement  closing  date),  you  pay  Cash 
Advance  and  Quasi  Cash  transaction  fees  and  interest  charges  only  on  the  Cash  Advances  and  Quasi 
Cash transactions added during the billing cycle. The finance charge shown on your monthly statement 
will be the total of Cash  Advance and Quasi  Cash transaction fees and interest charges. The following 
finance  charges  will  apply  whether  before  or  after  default,  judgment,  or  the  closing  of  your  Card 
Account. 
9.1: Interest Charges, Periodic Rate and ANNUAL PERCENTAGE RATE (APR): The amount of 
interest  charges  will  be  derived  by  multiplying  your  average  daily  balances  by  a  periodic  rate.  The 

 
 
 
 
 
 
 
 
 
 
 
 
periodic rate for Visa Platinum is 1.17% (corresponding APR is 14.04%). The Bank reserves the right 
to change the APR upon notification to you and after one year from account opening.  
9.2:  Average  Daily  Balance  Method  (including  current  transactions):  We  figure  a  portion  of  the 
finance  charge  on  your  Account  by  applying  the  periodic  rate  to  the  “average  daily  balances”  of  your 
Account (including current transactions) for purchases, Cash Advances and Quasi Cash transactions. To 
get the “average daily balances” we take the beginning balances of your Account each day, add any new 
purchases,  advances  or  other  charges,  and  subtract  any  payments  or  credits,  and  unpaid  late  fees  or 
finance charges. This gives us the daily balances. 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” for purchases, Cash Advances and Quasi Cash transactions. If you pay all of the 
new balance shown on your statement by the payment due date, we will exclude that balance and all new 
charges to the account except Cash Advances and Quasi Cash transactions from the daily balances. 
9.3:  Balance  Subject  to  Finance  Charge:  To  calculate  your  annual  percentage  rate,  we  divide  the 
finance charge by the balance subject to finance charge and multiply by twelve (the number of months in 
a year). The balance subject to finance charge is made up of your average daily balances plus your new 
advances (we will not include the amount of new advances more than once in a balance).    
9.4: Minimum Finance Charge. There is no minimum finance charge. 
9.5: Military Lending Act (MLA). The Military Lending Act provides protections for members of the 
Armed Forces and their dependents.  
9.5.1:  Statement  of  MAPR  (Military  Annual  Percentage  Rate).  Federal  law  provides  important 
protections  to  members  of  the  Armed  Forces  and  their  dependents  relating  to  extensions  of  consumer 
credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent 
may  not  exceed  an  annual  percentage  rate  of  36  percent.  This  rate  must  include,  as  applicable  to  the 
credit  transaction  or  account:  The  costs  associated  with  credit  insurance  premiums;  fees  for  ancillary 
products  sold  in  connection  with  the  credit  transaction;  any  application  fee  charged  (other  than  certain 
application  fees  for  specified  credit  transactions  or  accounts);  and  any  participation  fee  charged  (other 
than certain participation fees for a credit card account).   
9.5.2:  Oral  Disclosures.  Before  accepting  this  Agreement,  in  order  to  hear  important  disclosures  and 
payment information about this Agreement, you may contact us at 1-844-210-3601. 
9.5.3:  Applicability  of  Dispute  Resolution  Provision.  The  Jury  Waiver,  Class  Action  Waiver,  and 
Arbitration  Agreement in the Dispute Resolution Provision set forth in this  Agreement do  not apply to 
those covered by the Military Lending Act. 

10.0: CASH ADVANCE AND QUASI CASH TRANSACTION FEE: Each new Cash Advance or 
Quasi Cash transaction, will be assessed a one-time fee equal to the greater of 2% of the amount of the 
transaction, but never less than $5.00; however this charge will not exceed $50.00. The transaction fee 
shall be fully earned when assessed. 

11.0: OTHER FEES AND CHARGES: 
11.1: Annual Fee: A non-refundable $25.00 annual fee for each account you have with us will begin on 
the month on which your account is opened and charged annually thereafter.  
11.2: ScoreCard Rewards Annual Fee:  A non-refundable $25.00 annual fee will begin on the month 
on which your account is opened and charged annually thereafter. 
11.3: Late Payment Fee: If the minimum payment shown on your monthly statement is not received at 
the proper address by the payment due date, there will be a late fee of $25.00. 
11.4:  Returned  Payment  Fee:  If  any  check  or  other  payment  on  your  Card  Account  is  dishonored  or 
must be returned because it cannot be processed, there will be a returned payment fee of $35.00. 
11.5:  International  Transaction  Fee.  1%  of  the  U.S.  dollar  amount  of  the  transaction.  If  you  incur  a 
charge  in  a  foreign  currency,  the  charge  will  be  converted  into  a  U.S.  Dollar  amount  by  Visa 
International.  Currently,  the  currency  conversion  rate  used  is  either  a  wholesale  market  rate  or  a 
government  mandated  rate  in  effect  one  day  prior  to  the  date  the  transaction  is  processed  by  Visa 
International plus one percent (1%) of the U.S. dollar rate. The currency conversion rate in effect on the 
processing date may differ from the rate in effect on the transaction date or the posting date. This charge 
is in addition to the Bank’s usual ATM fee. 
11.6:  Expedited  Card  Delivery  or  Emergency  Card  Fee:  If  you  request  the  Bank  to  provide 
“expedited  card  delivery”  (which  requires  the  services  of  an  outside  delivery  service  provider),  you 
agree that we may charge a fee up to $60 for this service. 

12.0:  SECURITY  INTEREST  FOR  SECURED  ACCOUNTS.  If  you  have  a  Secured  Account,  you 
have given the Bank a security interest in a savings account at the Bank to secure payment of your Card 
Account. If you withdraw your funds from the savings account, the Bank has the right to close your Card 
Account. 

13.0: JOINT ACCOUNT. If your Card Account is in the name of more than one person, each and every 
such  person  shall  be  jointly  and  severally  liable  for  the  full  Outstanding  Balance,  including  without 
limitation  any  amount  in  excess  of  your  Credit  Limit.  In  addition,  except  as  otherwise  required  by 
applicable law, you agree that all monthly statements and notices regarding your Card Account may be 
sent to any one of you. 

14.0: INTERPRETATION; EFFECT: 
14.1: Duration. Except for your right to use the Card and to make charges to your Card Account (which 
right  expires  when  your  Card  Account  is  closed);  all  other  provisions  of  the  Card  Agreement  shall 
remain in full force and effect until your Card Account is closed and your Outstanding Balance is paid in 
full. 
14.2:  Headings.  The  headings  used  in  this  Agreement  are  for  convenience  only  and  shall  have  no 
bearing on the interpretation of this Agreement. 
14.3:  Governing  Law.  THE  CARD  AGREEMENT  SHALL  BE  GOVERNED  BY  AND 
CONSTRUED  IN  ACCORDANCE  WITH  THE  LAWS  OF  THE  UNITED  STATES  AND  OF 
THE  STATE  OF  WASHINGTON  REGARDLESS  OF  WHERE  YOU  MAY  RESIDE  OR  USE 
YOUR CARD. 

15.0: DISCLOSURES OF INFORMATION: You acknowledge and consent to the release of personal 
data about you by the Bank to Visa U.S.A., its Members, or their respective contractors for the purpose 
of providing emergency cash and/or emergency card replacement services. 

16.0: RESTRICTIONS ON USE OF CARD ACCOUNT: Only the individual named on the Card is 
permitted to use the Card for charges, identification, or any other reason. 
16.1:  No  Illegal  Purpose.  The  Card,  Card  Account  or  Credit  Card  Checks  shall  not  be  used  for  any 
illegal purpose. You also agree not to use your Card, Card Account or Credit Card Checks to gamble on 
the Internet or for any transaction that violates applicable law. We may block or refuse to approve any 
transaction that we believe may violate this provision. 

17.0: LIABILITY FOR OBLIGATIONS: 
17.1: Your Liability. You shall be liable for the full amounts of your Outstanding Balance regardless of 
the purpose whether for business purposes or  for personal, family  or household purposes of any of the 
charges  made  with  the  Card(s)  or  Credit  Card  Checks.  Your  liability  shall  also  include  all  charges 
regardless of the purpose made by any person to whom you have given express or implied permission to 
use the Card, Card Account or Credit Card Checks or has voluntarily provided the Card or Card number.  
17.2: User’s Liability. In addition to and not in lieu of your liability as set forth above, each User shall 
be jointly, and severally liable with you for all amounts resulting from: (a) all charges made by User for 

personal, family, or household purposes; and (b) all charges made by any person to whom that User has 
given  express  or  implied  permission  to  use  the  Card  or  Card  Account  or  has  voluntarily  provided  the 
Card or the Card number, regardless of the purpose of any such change. 
18.0:  LIABILITY  FOR  UNAUTHORIZED  USE:  If  your  Card  or  Card  Account  number  are  lost  or 
stolen, or if you think that someone used or  may use them without permission, you agree  to notify the 
Bank  immediately  by  calling  206-292-4550  during  bank  business  hours  and  866-604-0381  otherwise. 
You may need to provide the Bank with certain information in writing to help the Bank determine what 
happened. You are not liable for loss, theft, or unauthorized use of your Card, Card Account, or Credit 
Card Check if you notify the Bank of any fraudulent transactions. 
18.1: Liability for Unauthorized ATM Transactions: You are not liable for unauthorized use of your 
card for ATM transactions if you notify the Bank within 2 business days. In any case, your liability will 
not exceed $50. 

19.0: REFUSAL OF THE CARD: The Bank will not be responsible or liable in any manner for any of 
the following or for any claim of whatever nature (including without limitation any claim for incidental 
or  consequential  damages)  arising  from  or  related  to  any  of  the  following:  the  refusal  or  delay  of  any 
other  financial  institution,  any  merchant,  or  any  person  to  honor  the  Card,  your  Card  Account,  or  any 
Credit  Card  Check;  any  goods  or  services  obtained  with  the  Card  and  charged  to  your  Card  Account 
(except  as  and  only  to  the  extent  provided  in  “Billing  Rights  Summary”  notice  at  the  end  of  this 
Agreement); any unsuccessful attempt to obtain prior credit authorization for any transaction when the 
authorization system is not working, or any unsuccessful attempt to use the Card in an ATM when the 
ATM or ATM network is not working or is temporarily closed or out of order. 

20.0: FINANCIAL AND CREDIT INFORMATION: 
20.1: Financial Statements. The Bank may need updated financial information from you at some time 
in the future. If the Bank asks, you agree to furnish a current financial statement or to update the Card 
Application. 
20.2:  Credit  Reports.  You  hereby  authorize  the  Bank  to  make  whatever  credit  inquiries  or 
investigations  about  you  that  the  Bank  deems  appropriate  and  to  disclose  to  others  credit  information 
about your Card Account and your performance under this Agreement. The Bank may ask credit bureaus 
for  reports  of  your  credit  history;  at  your  request,  the  Bank  will  tell  you  whether  or  not  the  Bank  has 
requested  such  reports  and  will  tell  you  the  names  and  addresses  of  the  credit  bureaus  furnishing  the 
reports. 
20.3: Negative Credit Reporting. You are hereby notified that 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. 
20.4: Notify  us of inaccurate information  we report to credit bureaus. Please notify us if we report 
any inaccurate information about your account(s) to a credit bureau. Your written notice describing the 
specific inaccuracy should be sent to us at the following address: The Commerce Bank of Washington, 
601 Union Street, Suite 3600, Seattle, WA 98101. 

21.0: CHANGE OF NAME OR ADDRESS: You agree to promptly notify the Bank in writing if you 
change your name, home address, or mailing address. 

22.0:  TERMINATION:  You  may  close  your  Card  Account  at  any  time  by  notifying  the  Bank  in 
writing. The Bank may close your Card Account at any time without cause and without notice except we 
may have to give you notice if you are not in default. In the event of default (which includes missing any 
payments or breaking any of your Agreements with us, failing to pay other charges when due, exceeding 
the credit limit of the Account, the death, insolvency or bankruptcy of you or any joint cardholder, the 
seizure of any of your assets or income, or that of a joint cardholder, and our good faith belief that the 
prospect of payment is in jeopardy), we may without notice, terminate the Account, demand possession 
of  all  Cards,  and  declare  the  entire  balance  due  and  payable.  When  your  Card  Account  is  closed 
(whether by you or the Bank); your right to use the Card and to make charges to the Card Account will 
be automatically revoked. Termination does not excuse your obligation to pay us.  

Your name and account number. 
The date and dollar amount of the suspected error. 
Describe  the  error,  and  explain  if  you  can,  why  you  believe  there  is  an  error.  If  you  need  more 

23.0:  BILLING  RIGHTS  SUMMARY:  This  notice  contains  important  information  about  your  rights 
and the Bank's responsibilities under the Fair Credit Billing Act. 
23.1: 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  a  transaction  on  your  bill,  write  us  in  a  separate  letter  at the  address 
indicated in the Billing Rights Summary on your Statement. Write 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.  In  your  letter,  include  the  following 
information: 
• 
• 
• 
information, describe the item you are not sure about. 
If  you  have  authorized  us  to  pay  your  credit  card  bill  automatically  from  your  savings  or  checking 
account, you can stop the payment on any amount you think is wrong. To stop the payment your letter 
must reach us three business days before the automatic payment is scheduled to occur. 
23.2:  Your  Rights  and  Our  Responsibilities  After  We  Receive  Your  Written  Notice.  We  must 
acknowledge your letter within 30 days, unless we corrected the error by then. Within 90 days, we must 
either correct the error or explain why we believe the bill was correct.  
After  we  receive  your  letter,  we  cannot  try  to  collect  any  amount  you  question,  or  report  you  as 
delinquent. We can continue to bill you for the amount you question, including finance charges, and we 
can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount 
while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.  
If we find that we made a mistake on your bill you will not have to pay any finance charges related to 
any questioned amount. If we didn’t make a mistake, you may have to pay finance charges, and you will 
have  to  make  any  missed  payments  on  the  questioned  amount.  In  either  case,  we  will  send  you  a 
statement of the amount you owe and the date that it is due.  

If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our 
explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to 
pay, we must tell anyone we report you to that you have a question about your bill. And,  we must tell 
you the name of anyone we reported you to. We must tell anyone we report you to that the matter has 
been settled between us when it finally is. If we don’t follow these rules, we can’t collect the first $50 of 
the questioned amount, even if your bill was correct.  
23.3: Special Rule for Credit Card Purchases: If you have a problem with the quality of property or 
services that you purchased with the 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 property or services. 
There are two limitations on this right:  
(1) You must have made the purchase in your home state or, if not within your home state, within 100 
miles of your current mailing address; and  
(2) The purchase price must have been more than $50.  
These limitations do not apply if the Bank owns or operates the merchant, or if the Bank mailed you the 
advertisement for the property or services. 
24.0:  DISPUTE  RESOLUTION  PROVISION.  This  Dispute  Resolution  Provision  contains  a  jury 
waiver,  a  class  action  waiver,  and  an  arbitration  agreement  (or  judicial  reference  agreement,  as 
applicable), set out in four Sections. READ IT CAREFULLY.  No portion of this Dispute Resolution 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
section  shall  be  interpreted  or  applied  in  a  manner  prohibited  by  governing  law,  but  all  other  portions 
shall  remain  in  effect.  Without  limitation,  no  portion  of  this  Dispute  Resolution  section  shall  require 
arbitration or other non-judicial procedure to  resolve any controversy or settle any claim arising out of 
any  consumer  credit  transaction  that  is  secured  by  a  dwelling  (including  a  home  equity  line  of  credit 
secured by the consumer’s principal dwelling). The jury waiver, class action waiver, and arbitration 
agreement  in  this  Dispute  Resolution  provision  do  not  apply  to  you  if,  as  of  the  date  of  this 
agreement,  you  are  a  member  of  the  Armed  Forces  or  a  dependent  of  such  member  entitled  to 
protection under the Federal Military Lending Act. 

SECTION 1: GENERAL PROVISIONS GOVERNING ALL DISPUTES: 
24.1.1:  PRIOR  DISPUTE  RESOLUTION  AGREEMENTS  SUPERSEDED.  This  Dispute 
Resolution Provision shall supersede and replace any prior “Jury Waiver,” “Judicial Reference,” 
“Class  Action  Waiver,”  “Arbitration,”  “Dispute  Resolution,”  or  similar  alternative  dispute 
agreement or provision between or among the parties. 

24.1.2:  “DISPUTE”  DEFINED.  As  used  herein,  the  word  “Dispute”  means,  without  limitation,  any 
claim by either party against the other party related to this Agreement, your Card or Account. “Dispute” 
includes, but is not limited to, matters arising from or relating to a deposit account, an application for or 
denial of credit, warranties and representations made by a party, the adequacy of a party’s  disclosures, 
enforcement of any and all of the obligations a party hereto may have to another party, compliance with 
applicable  laws  and/or  regulations,  performance  or  services  provided  under  any  agreement  by  a  party, 
including without limitation disputes based on or arising from any alleged tort or matters involving the 
employees, officers, agents, affiliates, or assigns of a party hereto.   

If  a  third  party  is  a  party  to  a  Dispute  (such  as  a  credit  reporting  agency,  merchant  accepting  a  credit 
card, junior lienholder or title company), each party hereto agrees to consent to including that third party 
in any arbitration or judicial reference proceeding for resolving the Dispute with that third party. 

24.1.3: JURY WAIVER. Each party waives its, his or her respective rights to a trial before a jury 
in connection with any Dispute. All Disputes shall be decided by a judge sitting without a jury, unless 
submitted to binding arbitration pursuant to Section 2 or judicial reference pursuant to Section 3. 

This  Agreement  includes  an  arbitration  agreement,  which  will  have  a  substantial  effect  on  your 
rights  in  the  event  of  a  dispute  with  us.  For  example,  if  we  elect  to  require  you  to  arbitrate  any 
claim, you will not have the right to a jury trial or the right to participate in a class action in court 
or  in  arbitration.  However,  the  arbitration  agreement  does  not  apply  if,  as  of  the  date  of  this 
agreement, you are a member of the armed forces or a dependent of such member covered by the 
Federal Military Lending Act. Please see the section  of this agreement labeled “Military Lending 
Act.”  

24.1.4.  AGREEMENT  FOR  BINDING  ARBITRATION  OR  JUDICIAL  REFERENCE  (A)  IF  A 
CONSUMER  PARTY  REQUESTS,  OR  (B)  IF  THE  JURY  TRIAL  WAIVER  IS  NOT 
ENFORCED.  A party who (in context of the Dispute) is a consumer  may timely elect to require that 
the Dispute be submitted as applicable to binding arbitration under Section 2 hereof or binding judicial 
reference under Section 3 hereof. In addition, if this Agreement’s jury waiver is unenforceable by law, or 
otherwise not enforced by a court exercising jurisdiction over the Dispute, then all parties hereby agree 
that the Dispute shall be timely submitted as applicable to binding arbitration under Section 2 or binding 
judicial  reference  under  Section  3.    BY  AGREEING  TO  RESOLVE  SPECIFIED  FUTURE 
DISPUTES  IN  ARBITRATION  OR  BY  JUDICIAL  REFERENCE,  THE  PARTIES  ARE 
WAIVING THEIR RIGHT TO LITIGATE THOSE DISPUTES IN COURT.   

In  any  lawsuit  regarding  a  Dispute  (a  “Lawsuit”),  following  the  service  of  a  complaint,  third-party 
complaint, cross-claim or counterclaim or any answer thereto, any amendment to any of the above, or a 
ruling or entry of an order that has the effect of invalidating this  Agreement’s jury trial waiver (any of 
the foregoing, an “ADR Event”), then at any time prior to trial of the Dispute, but not later than 30 
days after the ADR Event, any party shall be entitled to move the court for an order (on the grounds set 
forth  in  the  preceding  paragraph)  compelling  arbitration  under  Section  2  or  judicial  reference  under 
Section  3,  as  applicable,  and  staying  or  dismissing  the  Lawsuit  pending  such  arbitration  or  judicial 
reference (an  “ADR Order”).  A party that commenced or participated in the  Lawsuit  may  nevertheless 
demand  arbitration  or  judicial  reference  of  a  Dispute  after  an  ADR  Event.    Commencement  or 
participation  in  the  Lawsuit  shall  not  operate  as  a  waiver  of  the  right  to  compel  arbitration  or  judicial 
reference. After entry of an ADR Order, the non-moving party shall commence the arbitration or judicial 
reference. The moving party shall, at its discretion, also be entitled to commence arbitration or judicial 
reference  but  is  under  no  obligation  to  do  so,  and  the  moving  party  shall  not  in  any  way  be  adversely 
prejudiced by electing not to commence arbitration or judicial references. 

24.1.5:  CLASS  ACTION  WAIVER.  If  permitted  by  applicable  law,  each  party  waives  the  right  to 
litigate any Dispute as a class action (either as a member of a class or as a representative) or to act 
as a private attorney general. The waiver in this paragraph applies whether the proceeding is in a 
court, in an arbitration, or in a judicial reference proceeding.  

24.1.6:  SURVIVAL:  This  Dispute  Resolution  Provision  shall  survive  any  termination,  amendment,  or 
expiration of this Agreement, or any other relationship between the parties.   

SECTION  2:  TERMS  GOVERNING  THOSE  DISPUTES  SUBMITTED  TO  ARBITRATION.  
This Section 2 governs Disputes that are submitted for binding arbitration under subsection 24.1.4.  This 
Section 2 shall not apply to any Dispute that is pending in a state or federal court located in the State of 
California,  except  to  the  extent  such  Dispute  may  also  be  pending  in  a  state  or  federal  court  located 
outside  of  California.    An  arbitrator  shall  have  no  authority  to  determine  the  validity,  enforceability, 
meaning  and  scope  of  this  Dispute  Resolution  Provision,  or  (ii)  class  action  claims  brought  by  either 
party as a class representative on behalf of others, or by a class representative on either party’s behalf as 
a class member, which matters may be determined only by a court without a jury. 

Arbitration under this provision shall be conducted before a single arbitrator through either the National 
Arbitration Forum (“NAF”) or Judicial Arbitration and Mediation Service, Inc. (JAMS), as selected by 
the initiating party, in accordance with the rules of NAF or JAMS (the “Administrator”). However, if the 
parties  agree,  a  licensed  attorney  may  be  selected  by  the  parties  to  conduct  the  arbitration  without  an 
Administrator. If NAF and JAMS both decline to administer arbitration of the Dispute, and if the parties 
are unable to mutually agree upon a licensed attorney to act as arbitrator without an Administrator, then 
either party may file a Lawsuit and move for an ADR Order. The arbitrator, howsoever appointed, shall 
have  expertise  in  the  subject  matter  of  the  Dispute.  Venue  for  the  arbitration  proceeding  shall  be  as 
stated elsewhere in this Agreement with respect to any judicial proceedings between the parties. Absent 
such a provision, the arbitration shall be conducted at a location determined by mutual agreement of the 
parties or by the Administrator if no agreement can be reached. The arbitrator shall apply the law of the 
state specified in the agreement giving rise to the Dispute. 
In any arbitration commenced by a consumer regarding a consumer Dispute, Lender or Bank shall pay 
one half of the Administrator's initial filing fee, up to $500. If Lender or Bank commences arbitration or 
is the moving party obtaining an ADR Order, Lender or Bank shall pay all Administrator and arbitrator 
fees,  regardless  of  whether  or  not  the  consumer  is  the  prevailing  party  in  such  arbitration,  unless  such 

Dispute involves a claim for damages by a consumer and is found by the arbitrator to be frivolous. For 
this  paragraph,  “consumer  Dispute”  shall  mean  a  Dispute  involving  credit  or  services  provided  by 
Lender or Bank, primarily for personal, family or household purposes, in which the claim for damages is 
less than $75,000. 
The  Administrator  and  the  arbitrator  shall  have  the  authority,  to  the  extent  practicable,  to  take  any 
reasonable action to require the arbitration proceeding to be completed within 180 days of commencing 
the arbitration. The arbitrator: (i) will render a decision and any award applying applicable law; (ii) will 
hear  and  rule  on  appropriate  dispositive  motions  for  judgment  on  the  pleadings,  for  failure  to  state  a 
claim,  or  for  full  or  partial  summary  judgment;  (iii)  will  give  effect  to  any  statutory  or  contractual 
limitations period (e.g., any statute of limitations) in determining any Dispute or defense; (iv) shall have 
the  authority  to  impose  sanctions  on  any  party  that  fails  to  comply  with  time  periods  imposed  by  the 
Administrator  or  the  arbitrator,  including,  without  limitation,  the  sanction  of  entering  a  final  award 
against  the  party  that  fails  to  comply;  (v)  shall  have  authority  to  award  costs  and  fees  (including 
attorneys'  fees  and  costs,  arbitration  administration  fees  and  costs,  and  arbitrator(s)'  fees)  to  the  extent 
permitted  by  law;  (vi)  shall  recognize  and  honor  claims  of  privilege  recognized  at  law;  and  (vii)  with 
regard to motions and the arbitration hearing, shall apply the Federal Rules of Evidence. The doctrines 
of  compulsory  counterclaim,  res  judicata,  and  collateral  estoppel  shall  apply  to  any  arbitration 
proceeding hereunder. 

Commencement of an arbitration by any party shall not prevent any party from at any time (i) seeking 
and  obtaining  from  a  court  of  competent  jurisdiction  (notwithstanding  ongoing  arbitration)  provisional 
or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property 
preservation  orders,  foreclosure,  sequestration,  eviction,  attachment,  replevin,  garnishment,  and/or  the 
appointment of a receiver; or (ii) availing itself of any self-help remedies such as setoff and repossession 
rights or non-judicial foreclosure of collateral. The exercise of such rights shall not constitute a waiver of 
the right to submit any Dispute to arbitration. 

Judgment upon an arbitration award  may be entered in any court having jurisdiction except that, if the 
arbitration award exceeds $200,000, any party shall be entitled to a de novo appeal of the award before a 
panel of three arbitrators. To allow for such appeal, if the award (including Administrator, arbitrator, and 
attorney’s  fees  and  costs)  exceeds  $200,000,  the  arbitrator  will  issue  a  written,  reasoned  decision 
supporting the award, including a statement of authority and its application to the Dispute. A request for 
de  novo  appeal  must  be  filed  with  the  arbitrator  within  30  days  following  the  date  of  the  arbitration 
award; if such a request is not made within that time period, the arbitration award shall become final and 
binding.  On appeal, the arbitrators shall review the award de novo, meaning that they shall reach their 
own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator.  
Appeal of an arbitration award shall be pursuant to the rules of the Administrator; if the Administrator 
has no such rules, then the JAMS arbitration appellate rules shall apply. 

To request information on how to submit an arbitration claim, or to request a copy of an Administrator’s 
rules  or  fee  schedule,  please  contact  the  Administrators  as  follows:  JAMS:  1920  Main  St.,  Suite  300, 
Irvine,  CA  92614,  Phone:  (949)  224-1810,  Fax:  (949)  224-1818,  E-mail:  info@jamsadr.com,  Website: 
www.jamsadr.com; NAF: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191, 
Phone (800) 474-2371, E-Mail: info@adrforum.com, Website: www.adrforum.com. 

Arbitration  under  this  provision  concerns  a  transaction  involving  interstate  commerce  and  shall  be 
governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.  If the terms of this Section 2 vary from the 
Administrator’s rules, this Section 2 shall control.   

SECTION 3:  TERMS GOVERNING THOSE DISPUTES SUBMITTED TO JUDICIAL 
REFERENCE.  This Section 3 governs Disputes that are submitted under subsection 24.1.4 for judicial 
reference in accordance with California Code of Civil Procedure, Section 638, et seq. This Section 3 
may be invoked only with regard to Disputes filed in state or federal courts located in the State of 
California.  In no event shall this Section 3 diminish the force or effect of any venue selection or 
jurisdiction provision in this Agreement or any Related Document. Nothing herein shall preclude a party 
from moving (prior to the court ordering judicial reference) to dismiss, stay or transfer the suit to a 
forum outside California on grounds that California is an improper, inconvenient or less suitable venue. 
If such motion is granted, this Section 3 shall not apply to any proceedings in the new forum. 

The  referee  shall  be  a  retired  judge,  agreed  upon  by  the  parties,  from  either  the  American  Arbitration 
Association  (AAA)  or  Judicial  Arbitration  and  Mediation  Service,  Inc.  (JAMS).  If  the  parties  cannot 
agree on the referee, the party who initially selected the reference procedure shall request a panel of ten 
retired judges from either AAA or JAMS, and the court shall select the referee from that panel. If AAA 
and  JAMS  are  unavailable  to  provide  this  service,  the  court  may  select  a  referee  by  such  other 
procedures as are used by that court. The referee shall be appointed to sit with all of the powers provided 
by law, including the power to hear and determine any or all of the issues in the proceeding, whether of 
fact or of law, and to report a statement of decision. Only for this Section 3, “Dispute” includes matters 
regarding the validity, enforceability, meaning, or scope of this Section, and class action claims brought 
by either party as a class representative on behalf of others and claims by a class representative on either 
party’s behalf as a class member. The parties agree that time is of the essence in conducting the judicial 
reference  proceeding  set  forth  herein.  Except  as  otherwise  provided  in  this  paragraph,  the  costs  of  the 
judicial  reference  proceeding,  including  the  fee  for  the  court  reporter,  shall  be  borne  equally  by  the 
parties as the costs are incurred, unless otherwise awarded by the referee. If Lender or Bank commences 
a judicial reference proceeding regarding a consumer Dispute, Lender or Bank shall pay all referee fees, 
regardless of whether or not the consumer is the prevailing party in such proceeding, unless such Dispute 
involves a claim for damages by a consumer and is found by the referee to be frivolous.  For purposes of 
this  paragraph,  “consumer  Dispute”  shall  mean  a  Dispute  involving  credit  or  services  provided  by 
Lender or Bank, primarily for personal, family or household purposes, in which the claim for damages is 
less than $75,000.  

The  referee  shall  hear  all  pre-trial  and  post-trial  matters  (including  without  limitation  requests  for 
equitable relief), prepare a statement of decision with written findings of fact and conclusions of law and 
apportion costs as appropriate. The referee shall be empowered to enter equitable relief as well as legal 
relief,  provide  all  temporary  or  provisional  remedies,  enter  equitable  orders  that  are  binding  on  the 
parties and rule on any motion that would be authorized in a trial, including without limitation motions 
for  summary  adjudication.  Judgment  upon  the  award  shall  be  entered  in  the  court  in  which  such 
proceeding  was  commenced  and  all  parties  shall  have  full  rights  of  appeal.  This  provision  will  not  be 
deemed  to  limit  or  constrain  Lender’s  or  Bank’s  right  of  offset,  to  obtain  provisional  or  ancillary 
remedies, to interplead funds in the event of a dispute, to exercise any security interest or lien Bank or 
Lender may hold in property, or to comply with legal process involving accounts or other property held 
by Bank or Lender. 

SECTION  4:  RELIANCE.  Each  party  (i)  certifies  that  no  one  has  represented  to  such  party  that  the 
other party would not seek to enforce a jury waiver, class action waiver, arbitration provision or judicial 
reference  provision  in  the  event  of  suit,  and  (ii)  acknowledges  that  it  and  the  other  party  have  been 
induced to enter into this Agreement by, among other things, material reliance upon the mutual waivers, 
agreements, and certifications in the four Sections of this DISPUTE RESOLUTION PROVISION. 

Zions Bancorporation, N.A. Member FDIC, Equal Housing Lender  Last Review Date 20181001