Online Services Agreement & Disclosure from WaMu

Washington Mutual Personal and Business Online Banking and Bill Pay Service
Agreement and Disclosure

Introduction
Definition of Terms
General Terms and Conditions Applicable to All Services
Online Banking
Washington Mutual Loan Payments
Washington Mutual Credit Card Payments
Bill Pay Services
Liability for Unauthorized Use
Cancellation/Termination of Service
Additional Provisions Applicable to Business Online Banking
How to Contact Us
1. Loan and Deposit Accounts
2. Credit Card Accounts

Introduction

The following terms and conditions apply to our Personal Online Banking and Business Online Banking service and Personal Bill Pay™ or Business Bill Pay® service, (also referred to as "Online Banking" and "Bill Pay," respectively) If you are opening a new Deposit Account simultaneously, the Account Disclosures (defined below) and/or in the case of a Loan Account the loan documents will be provided to you separately. Please read this Agreement and Disclosure ("Agreement") carefully because it contains important information and guidelines for using Online Banking and Bill Pay. We may offer additional Services in the future and your enrollment and/or use will indicate your agreement to the terms governing the new Service.

By accepting this agreement, accessing your Deposit Accounts, Credit Card Accounts, and/or Loan Accounts and making use of other services via Online Banking and Bill Pay and/or by telephone, and/or authorizing others to do so on your behalf, you agree to be bound by the terms of this Agreement. Washington Mutual may amend these terms from time to time without notice, except as may be required by Law. We may modify or cancel your Service at any time without notice, at our discretion, except as may be required by Law. Washington Mutual may offer additional Services in the future and such Services will be governed by this Agreement. If you access your Deposit, Credit Card Accounts, and/or Loan Accounts through this Service, such accounts continue to be governed by the applicable terms and conditions governing your Account. When you access your Deposit Accounts through this Service, you do so under the terms and conditions of the Account Disclosures and Regulations Relating to Deposit Accounts and Other Services and Electronic Fund Transfer Agreement and Disclosures and the applicable Statement of Fees as they may be amended from time to time (jointly referred to herein as the Account Disclosures). Additional fees may be assessed for the Services in accordance with the rules for the applicable account and this Agreement. See Liability for Unauthorized Use/Late Payment, subsection (d), and Additional Provisions Applicable to Business Online Banking sections for additional provisions applicable to Business and other Non-Consumer Accounts. When you access your Credit Card Accounts and Loan Accounts through this Service, you do so under the terms and conditions in the agreement and disclosure for the Credit Card Account or Loan Account. You should review those agreements for any applicable fees and restrictions that apply to your use of a Credit Card Account or Loan Account with the Service.
Definition of Terms

As used in this Agreement, the following words have the meanings given below:
- "ACH" means a transaction processed through the Automated Clearing House.
- "Business Day" means Monday through Friday, except federal holidays.
- "Consumer Account" means a Deposit Account, Credit Card Account, or a Loan Account owned by one or more individuals and used for personal, family or household purposes. Other accounts, including business and other non-personal accounts are considered Non-Consumer Accounts.
- "Credit Card Account"means an eligible Washington Mutual credit card account.
- "Credit Card Service" means the online services for your eligible Credit Card Account(s).
- "Deposit Account" means an eligible checking, savings, CD or money market type Deposit Account owned by you.
- "External Deposit Account" means an account owned by you, to or from which you may transfer funds or make Loan Payments using our online ACH origination service, at another financial institution or a Washington Mutual checking, savings, CD or money market type Deposit Account not eligible for internal transfers or Internal Loan Payments, for example, because they are serviced on another servicing system or are established in our records in another state or pricing region.
- "Important Notices" means a notice which we deliver online. These notices may be delivered with your Statements (e.g. as a message) or otherwise posted to your My Message Center mailbox.
  These may include, for example,
  - Notices (e.g. renewal, termination, maturity, delinquency, approval, requests for additional information, change of terms, overdraft, and other notices);
  - Disclosures (e.g. initial, periodic, annual, adverse action, and other disclosures);
  - Privacy statements;
  - Service notifications; and
  - Periodic statements.
  Examples of laws and regulations which might require such Important Communications include, without limit, Equal Credit Opportunity Act and Regulation B, Electronic Funds Transfer Act and Regulation E, Truth in Lending Act and Regulation Z, Funds Availability Act and Regulation CC, Truth in Savings Act and Regulation DD, Federal Deposit Insurance Act, Internal Revenue Code and Fair Credit Reporting Act.
- "Initiation Day" or "Initiation Date" is as set forth for the particular service requested hereunder and online, is sometimes referred to as the "Start On" date.
- "Law" means Federal Law applicable to the Service, and except for Bill Pay, to the extent not superseded by Federal Law, the Laws of the state applicable to your Deposit Account or other account, if applicable and, for Bill Pay, the Laws of the state where your Primary Checking Account is assigned in our records will apply to the extent not superseded by Federal Law.
- "Loan Account" means an eligible personal or business loan, personal or business line of credit, home equity loan, home equity line of credit, or residential mortgage loan. At the time of publication, only certain personal or business loans, personal or business lines of credit, home equity loans and home equity lines of credit, and residential mortgage loans serviced by Washington Mutual are eligible. As other loan types become eligible, they will be subject to the terms of this Agreement.
- "Primary Checking Account" means the Deposit Account designated as such in our records for this Service. It is the Deposit Account to which the fee for the Service, if any, will be assessed.
- "Service(s)" means the Online Banking services available for your Deposit Account (including Bill Pay for which you have enrolled), your Loan Account, and the Credit Card Service.
- "We," "us," "Washington Mutual," and "Bank" mean the Washington Mutual depository institution (Washington Mutual Bank fsb or Washington Mutual Bank, FA) that holds the Deposit Account, Credit Card Account, Loan Account, and/or services the Loan Account(s) to be accessed by the Service.
- "You" and "Your(s)," "Depositor" and "Account Holder" mean each person who applies to use the service and each person who uses the Service with the permission of an applicant.
General Terms and Conditions Applicable to All Services
1. Service Requirements
  - Generally, individuals and businesses must have a Deposit Account(s), Credit Card Account(s), and/or Loan Account(s) to use Services. We reserve the right to limit the Service to certain account types.
  - To access or use the Service online, the following requirements may also apply: Central Processing Unit, Monitor, ISP access, a supported Internet Browser software that supports 128-bit encryption and an e-mail address. (In this Agreement, the computer and the related equipment you use to access the Service are referred to together as the "Computer".)
2. Computer Equipment
  You are responsible for the installation, maintenance, and operation of the Computer and browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate the Computer or software properly. The Bank is not responsible for any errors or failures from any malfunction of the Computer or the software nor is it responsible for any electronic virus, viruses, worms, or similar software that you may encounter. The Bank has no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of the Computer or the software. The Bank makes no warranty to you regarding the Computer or the software, including any warranty of merchantability or fitness for a particular purpose.
3. Unavailable, Delayed or Inaccurate Account Information
  The Bank strives to provide complete, accurate and timely account information through the Service. However, unless otherwise required by Law, we will not be liable to you if any such information is unavailable, delayed or inaccurate. With respect to electronic fund transfer problems, such as unauthorized transactions or the Bank’s failure to properly complete authorized transactions, the extent of our liability is described in Liability for Unauthorized Use/Late Payment Section of this Agreement (as modified by subsection (d) of that section and Additional Provisions Applicable to Business Online Banking section for Non-Consumer Accounts).
4. Disclosure of Account Information
  We will disclose information to third parties about your account or the transactions you make: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (iii) in order to comply with reporting or other legal requirements (including, for example, legal process); (iv) if you give us your permission; (v) to offer you additional products and services from us and others that we think might be of interest to you; (vi) to otherwise conduct our business; and (vii) as otherwise permitted by Law. Notwithstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See the Washington Mutual Privacy Policy for additional information.
5. Service Availability
  The Services hereunder are generally available seven (7) days a week. The Services may be unavailable from time to time for scheduled maintenance. There may also be unscheduled down time, but we will work to minimize such interruptions in service. Service may be further limited as set forth below.
6. User ID, Password, Personal Identification Number (PIN), Telephone Access Code (TAC) and Security
  The first time you access the Service online, you will be asked to provide information to verify that you are an Account Holder or otherwise identify yourself. Bill Pay using telephone access is accessible by entering the account number from which you would like the Payments to be initiated and your Telephone Access Code.
  
  A User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) may be assigned to you, which is a reasonable method to authenticate your transactions and those transactions which you authorize others to conduct for you. You agree that you will not disclose, and will prevent the disclosure of your User ID, Password, PIN and/or TAC. If the confidentiality of your User ID, Password, PIN or TAC is or you believe may be compromised, you shall notify us immediately by calling us at (800) 788-7000. In the event your User ID, Password, PIN or TAC have been compromised you may be required to establish a new one(s).
  
  We are committed to the security of our customers’ accounts and account information. However, you must also take every precaution to ensure the safety, security and integrity of your accounts and transactions with Online Banking. Your User ID, Password, PIN and/or TAC allow access to your accounts and other services provided herein; providing these to another person effectively constitutes a grant of authority to access your accounts for all purposes including, without limit, under the Electronic Funds Transfer Act and Regulation E; such authorization shall continue until you have notified us that such person is not authorized to act with regard to your Deposit Account(s), Credit Card Account(s), or Loan Accounts and the Service.
  
  The following guidelines should assist you in ensuring that your accounts and account information remain secure:
  - Do not leave your account information out in an open area accessible by others, including on your computer screen.
  - Do not send your User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) or privileged account information over any e-mail system.
  - Send privileged account information to us via our secure message system only.
    Do not leave your Computer unattended while you are connected to the Service.
  - Do not enter your User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) into the Service when there are others nearby who could observe you doing so. Do not leave your account information out in an open area accessible by others, including on your computer screen.
  - Do not send your User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) or privileged account information over any e-mail system.
  - Send privileged account information to us via our secure message system only.
  - Do not leave your Computer unattended while you are connected to the Service.
  - Do not enter your User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) into the Service when there are others nearby who could observe you doing so.
  - We recommend that you create a strong Password as required for your Service by avoiding familiar names or personal information (such as date of birth or Social Security Number), using upper and lower case letters, including digits and punctuation marks, and avoiding words found in the dictionary – in any language.
  - We recommend that you log out of the Service and close your browser completely after each Online Banking session and/or clear cache and history.
  Please observe these guidelines. Remember, you may be held liable for the unauthorized use of your User ID, Password, PIN, and/or TAC (see Liability for Unauthorized Use/Late Payment section, below, for additional information).
7. Electronic Mail
  Regular Electronic Mail (e-mail) transmissions may not be secure. We, therefore, request that you do not send us or ask for sensitive information (such as personal identification, account numbers or other financial information) via any third party e-mail system. If you wish to contact us electronically, please use the secure message system through the Service. If you send the Bank a message using the secure message system, the Bank will receive it by the following Business Day. You agree that we may take a reasonable period of time to act on any message received. If you need to contact us on an urgent matter, for example to report an unauthorized transaction from one of your Accounts, please call us immediately at (800) 788-7000. This will ensure that your situation can be addressed as promptly as possible.
8. E-mail Address and Contact Changes
  You must promptly notify us of any change in your e-mail address by calling Customer Service at the customer service number at the end of this agreement (or such other number as we establish from time to time) or through the Service, if we provide you an option to do so. You must also notify us of any contact changes (including telephone number or residence, post office or mailing address, and e-mail address), as required by the agreements applicable to your account(s), credit card account(s) or deposit account(s) with us.
9. Termination or Inactivity
  We can terminate one or all of the Services provided to you without notice to you for any reason (except where such notice is required by Law) including, without limit, if you do not comply with this Agreement or the agreements governing your Deposit Accounts, Credit Card Accounts, or Loan Accounts. Termination of the Service will cancel any scheduled Transfers and Payments. Without limiting the foregoing, after 90 consecutive days of inactivity, whether or not a fee is paid and whether or not there are any scheduled Transfers or Payments pending, your User ID may be automatically locked out. If your User ID has been locked, you have the ability to un-lock the User ID online by providing Card & PIN or Additional information for authentication purposes or you may contact Customer Service Center at (800) 788-7000. Lock out of a User ID does not terminate the Service or any pending Transfers or Payments you may have scheduled through the Service and you will continue to be charged a fee, if a fee is applicable. Lock out of the User ID also does not preclude the Bank from contacting you via e-mail as otherwise described in this Agreement and/or in the Notice and Consent Regarding Electronic Communications Delivery Service.
10. Change in Terms
  If this service relates to a Consumer Account, we will mail or deliver a written notice to you at least 21 days before the effective date of any change in a term or condition disclosed in this Agreement if the change would result in increased fees or charges or increased liabilities for you, unless prior notice is excused by Law. Otherwise, we may modify the Agreement at any time without notice, except as may be required by Law. As a requirement of being an Online Banking customer, if you create a User ID as an Online Banking Customer or otherwise, you agree that we may send any such notice to you either via the secure message system, upon log on, e-mail, or regular mail, unless otherwise required by law.
11. Entire Agreement
  This Agreement, as it may be amended from time to time, together with any other disclosures or other documents incorporated herein by reference (including but not limited to, the Account Disclosures), contains the entire agreement between you and the Bank and supersedes all oral conversations, other communications, and previous agreements, if any, with regard to the Services.
Online Banking
1. Viewing Transaction History
  Online Banking allows you to review transaction information for Deposit, Credit Card, or Loan Accounts registered with the Service. We may but are not required to make previous transaction information (transaction history) available for you to view through the Service. Transaction history may not reflect all transactions or charges to your account, and does not replace the periodic statement mailed or electronically delivered, as applicable for your account. "Available Credit" on a Credit Card Account may not include recent charges or payments that have not yet posted to your account. If transaction history is available through the Service, we may, at our option, change the length of time that transaction history is available or may discontinue its availability, without prior notice.
2. Download Information
  You may download transaction information for any of your Washington Mutual Deposit Accounts, Credit Card Accounts, or Loan Accounts into most Personal Financial Management (PFM) software programs that support the Statement Download process (e.g., Quicken® or Microsoft® Money). For PFM Software versions older than Quicken 2001 or Money 2002 that do not support Statement Downloading, you can use the QIF format or other formats that we may make available.
3. Viewing Online Documents
  You may be offered Important Notices and documents for viewing online. In addition to viewing with your browser, we may make the document available in PDF format. To view, download, or print documents in this format, you may need to utilize Adobe® Reader® software.
4. Transfers Between Accounts; Availability of Transfers
  1. Permitted Transfers
    You may use Online Banking to transfer funds between eligible Deposit Accounts (Internal Transfers) or between an eligible Deposit Account and an External Deposit Account (External Transfers), which you own or control (either individually or jointly) with others or if we agree, in our discretion, for which you are an authorized signer, and from which you have an unrestricted right to withdraw funds; Internal Transfers and External Transfers are referred to jointly as "Transfers," unless the context indicates otherwise.
    
    In addition, we reserve the right to deny Transfers to be completed as Internal Transfers and require them to be External Transfers even though the sending and receiving accounts may both be Washington Mutual accounts, for example if the accounts are assigned in our records to different Washington Mutual banks, divisions within the same company, states or pricing regions or on different operating systems.
    
    Each Transfer through the Service from an eligible Deposit Account which is a savings or money market account is counted as one of the six limited transactions permitted each month or monthly statement cycle period, as described in the Account Disclosures.
    
    Transfers may be sent to or from eligible Deposit Accounts provided the rules for such account permit such Transfers. Certain other Deposit Accounts are only eligible to receive Transfers. Other Deposit Accounts are not eligible for Transfers.
    
    Without limiting the foregoing, Transfers are not permitted to or from Certificates of Deposit, unless you are advised otherwise in the rules applicable to that particular account or from any Deposit Account for which monthly statements are not provided.
    
    To determine eligibility for Transfers, see the rules applicable to your Deposit Account and the service set up screens related to Transfers.
    
    Transfers may be sent from your eligible Loan Account to an eligible Internal Deposit Account. Loan Accounts eligible for transfers under this section may change from time to time. Transfers are not available to Loan Accounts directly from Deposit Accounts through the transfer features of this service. For online services for making payments to Loan Accounts from Deposit Accounts, see, Washington Mutual Loan Payments, Section below.
    
    Credit Card Accounts: You may not make transfers to your Credit Card Account using the transfer features of this Service. However, you can make a payment(s) to your Credit Card account from your Deposit Account using the Credit Card Service (see "Washington Mutual Credit Card Payments" section below).
  2. Scheduling Transfers
    1. Internal Transfers
      You may enter an immediate Internal Transfer through the Service when the Service is available (see "Service Availability" section above) if permitted for your account. Certain Deposit Accounts may not be eligible for immediate Internal Transfers (e.g. Special Rules Applicable to Transfers from a WaMu Direct Account, Section D(6), below).
      
      To ensure funds you Transfer are available for your transactions processed on a Business Day, you must submit them prior to the time the transaction is received for processing and prior to the Transfer deadline established by Bank from time to time ("Internal Transfer Cutoff Time").
      
      You may also schedule an Internal Transfer to be initiated on a future Business Day. If a scheduled Internal Transfer falls on a non-Business Day, the Transfer will be executed on our next Business Day.
      
      When an Internal Transfer has been successfully initiated, you will be able to view the transaction, and such will be reflected in the balances for the Deposit Accounts, through the Service immediately. Notwithstanding the above, if the Internal Transfer is made after our Internal Transfer Cutoff Time for immediate Transfers (that is, a Transfer not scheduled to occur at a later date), the transferred funds may not be considered part of the available balance for certain purposes, including for purposes of processing certain transactions, until the morning of the next calendar day. This means that such funds may not be available for paying or authorizing certain transactions including, without limit, check in-clearings or point of sale or point of purchase authorizations.
    2. External Transfers
      External Transfers may be processed through Online Banking if permitted for your account.
      
                A. Registration
      External Transfers require that your External Deposit Account be registered. By registering an External Deposit Account, you authorize us to initiate debit and credit entries to and from the Internal Deposit Account and the External Account, which authorization shall remain in full force and effect until you delete the External Deposit Account registration with us online or by calling (800) 788-7000. To be registered, you must authenticate and validate your authority to act with respect to such External Deposit Account, and authorize us to initiate debits and credits for this purpose, using such method as we may designate from time to time. This may include, for example, our "Micro Deposit" process, whereby we may initiate one or more credits (not to exceed a total of $1.00) to your external account and one or more debits to offset the credit amount, or, one or more debits (not to exceed a total of $1.00) to your external account and one or more credits to offset the debit amount; you will be required to validate the amount of such Micro Deposits prior to initiating any External Transfer. You also authorize us to make adjustments and corrections as we deem necessary. You may revoke this authorization only by deleting the External Deposit Account in the manner specified in the authorization.
      
                B. Scheduling Transfers
      We may require you to schedule External Transfers to and from an eligible Deposit Account to be initiated up to three or more Business Days in advance of the Transfer Initiation Date. You may cancel an External Transfer up to the time it is initiated; however, if you modify your External Transfer and your Transfer was scheduled to occur within three business days, we may require you to reschedule your Transfer at least three Business Days after the day you modify your Transfer instruction.
      
      You may schedule Internal Transfers from an Internal Deposit Account through the Service when the Service is available (see "Service Availability" section above) if permitted for your account. Certain Deposit Accounts may not be eligible for immediate Internal Transfers (e.g. Internal Transfers from a WaMu Direct Account, Section iv(a), below).
      In the case of an External Transfer from an External Deposit Account to an Internal Deposit Account through the Service when the Service is available (see "Service Availability" section above) if permitted for your account; in such case, your funds may not be immediately available when credited to your Deposit Account. (See above and/or the Funds Availability Policy for your Deposit Account for more information.)
      
                C. Transaction Initiated
      External Transfers are generally initiated Sunday through Friday, excluding the day before a Federal holiday (External Transfer Initiation Day). There may be additional delays if the payment system for your External Transfer is unavailable (see the Bank’s Liability for Failure to Make Payments or Paying Late section, below). When an External Transfer has successfully been initiated, our Transfer records will reflect that it has been posted. The amount of an External Transfer from your Deposit Account may be debited as soon as we have initiated your External Transfer. The amount of an External Transfer to your Deposit Account, will not be credited until funds are actually received and the Transfer is deemed to be effective, which may take several Business Days; in addition, in such case, your funds may not be immediately available when credited to your Deposit Account. (See above and/or the Funds Availability Policy for your Deposit Account for more information.)
    3. Repeating Transfers
      You may also schedule Transfers to repeat at regular weekly, bi-weekly, monthly, quarterly, semi-annual or annual intervals or other intervals that we may make available. A "repeating" transaction is any Transfer scheduled to repeat at regular intervals rather than a "one time" Transfer.
    4. Cutoff Times and Dates We Do Not Process
      Our Internal and External Transfer Cutoff Times may vary from time to time without notice and may vary based on the state, pricing region or processing system to which the transfer or Deposit Account is assigned in our records. Call us at the customer service number at the end of this agreement for our current Transfer Cutoff Times. If you schedule an Internal Transfer to be initiated on a future date and the scheduled date falls on a non-Business Day or on a Business Day after the Transfer Cutoff Time, the Transfer will be initiated on the following Business Day. If you schedule an External Transfer on a day which is not an External Transfer Initiation Day or on an External Transfer Initiation Day after the External Transfer Cutoff Time, the Transfer will be initiated on the following External Transfer Initiation day and funds must be available on that day. The Transfer Initiation Date will appear on the website at the time you schedule the Transfer request.
  3. Canceling or Changing Transfers
    If you would like to cancel or change individual or repeating Transfers you have scheduled, the best way to do this is to use the Service (e.g., not via an online message, telephone or letter). Transfers may be canceled or changed using the Service up to the time that we process your Transfer request. If you do not use the Online Banking to cancel or change a Transfer, or if you send us a message through our secure message system, letter, or call us to change or cancel a Transfer, we must receive your request at least three Business Days before the date the Transfer is scheduled to be processed. You may call a Washington Mutual customer service representative at the customer service number at the end of this agreement, or you may write to: Washington Mutual, Customer Service Center CPC2103, P.O. Box 834, Seattle, WA 98111. If you call we may require that you send us a written confirmation of your request within ten (10) days after your call. If we do not receive such a request to change or cancel a Transfer within at least three Business Days before it is to be initiated, Washington Mutual will not be liable for any losses or damages incurred by you if the Transfer was not canceled or changed.
  4. Insufficient Available Funds for Transfers
    When you use the Service, you must have sufficient funds available in the selected Deposit Account or Loan Account (including available overdraft protection coverage, if applicable) to cover the amount of the Transfers from such account, and any associated overdraft protection fees when we initiate your Transfer. (Transfers from an External Deposit Account are subject to any limitations established by the entity holding such account.) We may process Transfers that exceed your available balance (plus any available overdraft protection), but we are not obligated to do so. If we do, you agree to immediately pay the overdraft and any fees incurred. We may discontinue permitting overdrafts at any time, without prior notice. The amount of the applicable fees is set forth in the Statement of Fees applicable to the account from which the Transfer was to be made. Without limiting the foregoing, if there are insufficient available funds in your Deposit Account (including available funds in any other linked Deposit Account or available line of credit that is providing overdraft protection to the Deposit Account) and we process your Transfer, you must immediately pay any overdraft amount and any associated fees to us or our processor, as the case may be, without notice or demand. The Bank is under no obligation to notify you if it does not complete a Transfer because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the Transfer or for rescheduling the Transfer through the Service.
  5. Limitation on Transfer Transactions
    The maximum number of scheduled Internal Transfers per customer is 20 unless otherwise determined by us.
    
    Except as noted below or in the Rules applicable to your account, the maximum dollar limit of any Transfer is equal to the available balance in the Deposit Account or Loan Account from which the Transfer is to be made plus the available balance in any other linked Deposit Account, or available line of credit that is providing overdraft protection to the Deposit Account from which the Transfer is to be made. If you have provided instructions for more than one Transfer and/or Payment to be processed, we may select to process them in any order, at our option.
    
    The Bank may, at its discretion, set a per-transfer dollar limit other than the available balance for any Transfer. The Bank reserves the right, at its discretion, not to complete any Transfer that exceeds the limit set by us, whether or not such Transfers may have been allowed on your account in the past. This limit may change from time to time at our discretion, except where prohibited by law. Ask us for our current limit.
    
    The Bank may, at its discretion, set transfer limits on the type (Internal Transfers and/or External Transfers) and frequency of transfers permitted on a particular account offered by the Bank. Such limits may be disclosed at the time you request a transfer, in the Account Disclosures, and/or in this Agreement.
  6. Special Rules Applicable to Transfers to and from WaMu Direct™ Accounts
    Except as otherwise provided in this section, the transfer rules, above, apply to WaMu Direct™ accounts.
    1. Scheduling
      Transfers from your WaMu Direct™ account initiated through Online Banking must be scheduled to be initiated at least three (3) business days prior to the Transfer Initiation Date, unless we otherwise permit. You may cancel such a Transfer up to the time it is initiated; however, if you modify your Transfer and your Transfer was scheduled to occur within three business days, we may require you to reschedule your Transfer at least three Business Days after the day you modify your Transfer instruction.
    2. Effective Date of Transfer and Funds Availability
      If you initiate External Transfers to your WaMu Direct account through Online Banking, the funds will be deposited to your WaMu Direct account on the first business day after the effective date we receive the funds; there will be a hold on the funds for up to three (3) business days after the deposit of funds to the account unless a longer hold would apply in accordance with the terms of our Funds Availability Policy or we send you a separate notice advising you that a longer delay may apply. The funds will be available for withdrawal on the business day following release of the hold.
    3. Limitations
      Without limiting the foregoing, the maximum dollar limit of any Transfer from a WaMu Direct account is currently set at $10,000 per transfer. The maximum dollar limit of any Transfer to a WaMu Direct account scheduled through this service is currently set at $500,000.00 per transfer. We reserve the right to change these limits at any time without notice except as may be required by law. Ask us for our current limits.
5. Stop Payments on a Check
  1. Add a Stop Payment Online
    In addition to the stop payment disclosures outlined in the Account Disclosures pertaining to your Deposit Account, the Bank will accept stop payments online for single, paper check item drawn on a Deposit Account accessed through the Service. This feature does not apply to paper check items drawn on Loan Accounts. Stop payments may be made on a series of checks by calling a Washington Mutual customer service representative at the customer service number at the end of this agreement or by visiting your nearest financial center.
    
    You are responsible for researching your own records (Online or otherwise) to determine whether a check subject to a stop payment order was paid prior to the date you wish to impose the stop payment order. If you place a stop payment order on a check after it has been paid, a stop payment fee will be assessed, notwithstanding that the check has been and will remain paid. If the check was presented to the Washington Mutual as an electronic payment by the merchant or payee to whom you wrote the check, the rules for Electronic Payments apply.
    
    You will be charged for initiating a stop payment through the Service in accordance with the Bank’s then current Statement of Fees applicable to the account on which the check was drawn. Fees for initiating a stop payment are in addition to any monthly fee charged for the Service.
  2. Removal of a Stop Payment Online
    Online removal of a stop payment will only be accepted for stop payments for single, paper check item. If you would like to remove a stop payment placed on a check series, you must contact a Financial Center.
6. Online Statements and Important Notices
  1. View Online
    Customers will be able to view statements and certain Important Notices online for eligible Deposit Accounts that currently receive monthly paper statements. Eligible Deposit Accounts include consumer and business checking, money market and savings accounts. If the eligible account is part of a combined statement and is the primary account, the statement online will include those other accounts.
  2. Online Delivery Service
    1. When you Choose Online Delivery Services: By choosing the Online Delivery service, you are requesting online delivery of periodic statements and certain Important Notices for one or more eligible Deposit Account(s). Only one Deposit Account and its related overdraft line of credit or business overdraft line of credit, if any, will appear on a single online statement. If you select Online Delivery for an account that was previously included on a combined statement, it will be separated from the combined statement.
      Other Important Notices may include, for example: annual privacy notices; notices related to non-sufficient funds transactions (e.g. overdraft notices, overdraft line of credit advance notices and overdraft transfer service notices); and, product and service changes (like fees, interest rate tiers, funds availability). See the definition above for more information. These notices may be sent on your statement, with your statement or otherwise, at any time.
    2. Our Option to Send Online or Paper: With Online Delivery, we may deliver any Statement or other Important Notices to you online or by paper (e.g. U.S. mail), at our option. We may change the types of Important Notices we eligible for Online Delivery from time to time. We may, but are not required to, send you notice when new Important Notices are added to the service. We may, but are not required, to allow you to pick which Important Notices to receive with Online Delivery. If we do not offer this option for a particular type of notice, you may choose to receive paper copies by terminating the Online Delivery option.
    3. When Service Start: If you have previously received paper statements and select this Service, Online Delivery of statements will commence immediate if you do not currently receive copies of your checks inserted with your statements. If you do receive paper copies of your checks: By enrolling in Online Delivery, you are requesting our safekeeping service; and Online Delivery will start at the beginning of the first full statement cycle following enrollment.
      
      With Online Delivery of Statements, you will have of Check Safekeeping service. This means that you will not receive a paper copy of your paid and cancelled checks. The Bank has no obligation to store the original of any cancelled check. You agree that your statements provide sufficient information to determine the authenticity of all your transactions, including whether any are forged, altered or unauthorized. You may request the Bank to provide a copy of your cancelled checks, subject to any research or check copy fees, as provided for in the Account Disclosures.
    4. Online Delivery Notice: Once the Online Delivery service has been selected, you will receive a message in My Message Center when we deliver a statement or Important Notice is available online. Use your Online Banking User ID and password to view them. You are deemed to have received these statements, including information on cancelled checks and other information contained in or delivered with the statements and other Important Notices when they are posted. You continue to be responsible for examining your statements (including information about cancelled checks) and Important Notices and report any error or discrepancies in accordance with applicable law and the Account Disclosures.
      
      We may, at our option, deliver a notice to the external e-mail address that you have provided to us. You are required to promptly notify us of any change in your e-mail address by calling Customer Service at the customer service number at the end of this agreement (or such other number as we may establish from time to time) or if we provide you an option to do so through your Online Banking.
    5. Online and Paper Copies Available: Information sent by using this service will be available online for at least 90 days, if required by law, and if no such requirement for such period as we may determine at our discretion.
      You may obtain a paper or online copy of statements and Important Notices by calling Customer Service at the customer service number at the end of this agreement. If you request a paper copy of a periodic statement (which may include Important Notices included with your statement, you may be charged a fee as set forth in the Statement of Fees applicable to the Deposit Account. to which the statement relates at the time the request for a copy is made.
    6. Termination of Online Delivery: You or the Bank may terminate this Online Delivery service at any time upon written or verbal notice to the other, or on wamu.com. Statements and Important Notices previously provided to you online will not be mailed to you upon termination. Check Safekeeping will continue on your accounts, regardless of your or our decision to terminate the Service. If offered for your account and you want to combine statements and/or have check return for the affected Accounts, contact your local Financial Center or call Customer Service at the customer service number at the end of this agreement (or such other number as we may establish from time to time).
      
      Certain accounts are offered with Online Delivery option only. If you choose to stop Online Delivery for such accounts, paper delivery will be provided in the future and your account may be subject to certain other provisions set forth in the rules applicable to such account, which may include, for example, additional fees, reduced interest and termination.
  3. Loan Account Applications
    You may be permitted to submit an application for certain Loan Accounts through Online Banking. Your eligibility for any Loan Account and the terms and conditions of the Loan Account will be governed by the terms and conditions of the relevant Loan Account.
7. Online Banking Guarantee
  If you are an online banking customer accessing Consumer Accounts, you will not be liable for the unauthorized transactions conducted during an online banking session at wamu.com if: (1) you exercise reasonable care in safeguarding your username and password against loss or theft (e.g., by making it difficult to guess) and have not provided either to another person or entity; (2) you closely monitor your account for any suspicious, fraudulent and/or unauthorized activity, contact us within 60 calendar days of the posting to your account online any suspected fraudulent or unauthorized transaction and provide such cooperation and information regarding the transaction as we request including, but not limited to, a written affidavit; (3) you have not reported two or more incidents of fraudulent or unauthorized transactions in the immediately preceding 12 months; and (4) your account is in good standing at the time the fraudulent or unauthorized transaction is posted to your account and when you make your claim. This coverage is in addition to any protections afforded to you under applicable law or your applicable account agreement with us. However, it does not apply to offline transactions, online transactions outside of wamu.com or to business or other non-Personal Accounts. Further, the Online Banking Guarantee does not apply if you give your username and/or password to another person or entity as any transaction conducted directly or indirectly by such person or entity shall be deemed an authorized transaction. The term "fraudulent or unauthorized transaction" means the use of your online banking username and/or password at wamu.com by a person other than yourself who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. For this purpose, the term "good standing" means that your account is open and not overdrawn and there has been no fraud by the account holder, or breach of any agreement with us.
Washington Mutual Loan Payments
You may use Online Banking to initiate Loan Payments on eligible Loan Accounts. Payments may be made from Deposit Accounts with us (Internal Loan Payments) or from an External Deposit Account (External Loan Payments), which you own, or control (either individually or jointly) with others, or if we agree, in our discretion, for which you are an authorized signer, and from which you have an unrestricted right to withdraw funds. Internal Loan Payments and External Loan Payments are referred to jointly as "Loan Payments," unless the context indicates otherwise.

Loan Payments are scheduled through our online service at wamu.com.

At time of publication, the service is limited to "one time" only Loan Payments. If repeating Loan Payments become available, they will be subject to this Agreement. Our Bill Pay Service can be used to initiate Repeating Payments, and if used, will be subject to the terms of our Bill Pay Service described herein.
1. Eligible Loan Accounts
  At the time of publication, the following types of Loan Accounts are eligible for Loan Payments using this service ("Eligible Loan Accounts"): Home loans secured by first and second mortgages or deeds of trust; home equity loans; home equity lines of credit; manufactured home loans; automobile loans; boat loans; recreational vehicle loans; overdraft lines of credit, personal lines of credit; personal unsecured loans; WaMu Mortgage Plus™ Loans, WaMu Equity Plus™ Loans , certain other personal loans for which Washington Mutual is the servicer and small business real estate, small business line of credit, small business term loan, and certain other small business loans. At time of publication, credit card accounts and educational loans are not Eligible Loan Accounts. The Bank reserves the right, at its discretion, from time to time and without notice, to add, delete or modify the Eligible Loan Accounts for Loan Payments using the online service. As other loan types become Eligible Loan Accounts, they will be subject to the terms of this Agreement. If the Loan Account is eligible, it will be available on the scheduling page at the time you enter your Loan Payment.
  
  At the time of publication, Loan Payments may not be made using the online service on Eligible Loan Accounts, if any of the following conditions exist: (1) Any owner on the Loan Account has initiated bankruptcy or other insolvency proceedings; (2) the underlying collateral for the Loan Account is in foreclosure; (3) the Loan Account is in default under any term of the Loan Account agreement; (4) the Loan Account is the subject of litigation, receivership, creditor proceedings, or other proceedings; and, (5) with respect to Internal Loan Payments, if the Loan Account is not associated with your Deposit Account in our records. The Bank reserves the right, at its discretion, from time to time and without notice, to add, delete or modify the conditions upon which Loan Payments cannot be made on otherwise eligible Loan Accounts using the online service. If the Loan Account is eligible for Loan Payments using the online service, it will be available on the scheduling page at the time you enter your Loan Payment.
2. Scheduling Loan Payments
  You can generally schedule an eligible Loan Payment whenever the Service is available (see "Service Availability" section above).
  
  For Internal Loan Payments, you must have an Internal Deposit Account associated with your online service. For External Loan Payments, you must have registered with us your External Deposit Account. If you do not have an Internal Deposit Account and/or an External Deposit Account from which to make the Loan Payment at the time you access the service to make the Loan Payment, you will be directed to open an Internal Deposit Account or register an External Deposit Account through the online service.
  
  By registering an eligible External Deposit Account and scheduling an eligible External Loan Payment, you authorize us to initiate debit and credit entries to and from the External Deposit Account and the designated Loan Account, and to make adjustments and corrections as we deem necessary, which authorization shall remain in full force and effect until you delete the External Account registration with us. To be registered, you must authenticate and validate your authority to act with respect to such External Deposit Account using such method as we may designate from time to time. This may include, for example, our "Micro Deposit" process. If you register an External Account, you authorize one or more credits (not to exceed a total of $1.00) and one or more or more debits to offset such credit amount; you will be required to validate the amount of such Micro Deposits prior to initiating any External Payment.
3. Initiation Day
  We generally initiate Internal Loan Payments and External Loan Payments Sunday through Friday, excluding the day before a Federal holiday (Initiation Day). If a Loan Payment is entered by you after the Bank’s Cut-Off time and/or not on an Initiation Day for Internal or External Loan Payments, as applicable, the Loan Payment Date will be initiated the next Initiation Day for that Loan Payment type.
  
  There may be additional delays if the service is not available (see the Service Availability section, above).
  1. Processed Loan Payments
    Successfully processed Loan Payment(s) can be viewed on your Payment History or Transaction History for the Loan Account.
    
    Notwithstanding the above, if the Loan Payment is returned or rejected for any reason, the Bank may reverse the Loan Payment and debit the Loan Account, resulting in non-payment under the Loan Account agreement.
4. Fees for Making Loan Payments
  We may charge a fee for making External Loan Payments using the online service. Fees may vary from time to time depending on the type of Loan Payment and/or Loan Account. The amount of fee, if any, will be disclosed on the page where you schedule the Loan Payment using the online service. In addition, we may assess fee(s) for returned Loan Payments due to non-sufficient funds in the Internal Deposit Account or returned or rejected Loan Payments from External Deposit Account from which the payment was scheduled, as set forth in the agreement applicable to your Loan Account.
5. Canceling or Changing Loan Payments
  The Rules for canceling or changing scheduled Loan Payments are the same as applicable to our Bill Pay service for one-time payments. See the Canceling or Changing Payments, section of Bill Pay Services below.
6. Debiting Your Account; Insufficient Available Funds for Loan Payments
  Funds may be withdrawn from your Deposit Account designated for the Loan Payment on the Initiation Day applicable to the Loan Payment; once your Loan Payment has been initiated, you will not have use of the funds in your Deposit Account, even if they have not yet been credited to your Loan Account; they will not be available for payment of transactions, calculation of minimum balances, interest accrual or otherwise.
  
  When you use the Service(s), you must have sufficient funds available in the selected Deposit Account (including available overdraft protection coverage, if applicable) and/or External Deposit Account on the Initiation Day to cover the amount of the Payments you schedule to be made from such account, and any associated fees.
  
  We may process Internal Loan Payments that exceed your available balance, but we are not obligated to do so. If we do, you agree to immediately pay the overdraft and any fees incurred. The amounts of the fees are set forth in the Schedule of Fees applicable to the Deposit Account from which the Payment is initiated. Without limiting the foregoing, we may discontinue permitting overdrafts at any time, without prior notice.
  
  If there are insufficient available funds in your Deposit Account selected for the Payment (including available funds in any other Deposit Account or available line of credit linked to the Account for overdraft protection) and Payment is, nonetheless, initiated: 1) you must immediately pay the amount of the overdraft to us or our processor, as the case may be, without notice or demand; 2) Loan Payment, may, at our option, be reversed; and, 3) we may, at our option, refuse to process any additional Loan Payments until you have paid the overdraft amount. If Payment is not initiated due to insufficient funds, we may, at our option, attempt to initiate the transaction the following business day and this date will be considered the new Initiation Date. If a debit transaction to cover a Loan Payment is rejected for any other reason (e.g. closed account, account frozen, etc.), scheduled Loan Payments may not be initiated or processed thereafter from that Deposit Account or External Deposit Account.
  
  You may be subject to an insufficient fund fee charged to your Loan Account if a Loan Payment is returned due to insufficient funds.
  Processing of Loan Payments from your External Deposit Account are subject to the rules of the entity holding the External Deposit Account, and we will not be held accountable for any decisions by the entity holding the External Deposit Account.
  The Bank is under no obligation to notify you if it does not complete a Loan Payment for any reason, including, without limit, because there are insufficient funds in your Deposit Account to process a transaction or an External Loan Payment is rejected or returned, unless otherwise required by law. In all cases, you are responsible for either making alternate arrangements for the Payment, which may include rescheduling the Payment through the Online Banking service.
7. Liability for Unauthorized Use/Late Loan Payments
  See the Liability for Unauthorized Use/Late Payments section below.
Washington Mutual Credit Card Payments
Payments for eligible Credit Card Accounts may be scheduled only by using the Credit Card Service.
Bill Pay Services

Bill Pay can be used with all checking Deposit Accounts. Savings, CD or Money Market Deposit Accounts are not eligible for this service. A valid User ID and Password will allow you to use the Computer to initiate, cancel, or modify third-party Payments from your eligible Deposit Accounts ("Payments"). This Service can also be used to direct Payments to the Bank for loan payments. If you are a former Washington Mutual Pay-by-Phone customer whose service automatically became Bill Pay Service or if you have enrolled in our Bill Pay Service but your online access has been suspended or terminated, you will have telephone access to your Bill Pay Service only and you will not have online access to the Service unless you specifically enroll (or re-enroll, as applicable) for that Service.
1. Limitation on Payment Transactions
  The maximum dollar limit on any Payment is equal to the available balance in your Deposit Account plus the available balance in any linked Deposit Account or any available credit that is providing overdraft protection to the Deposit Account from which the Payment is to be made, but in no event to exceed $99,999.99, without prior written Bank approval. (You may designate up to 10,000 Payees to receive Payments through Bill Pay.)
2. Scheduling and Processing of Payments
  You can generally submit a Payment instruction through Bill Pay whenever the Service is available (see "Service Availability" section above). If the date a Payment is scheduled to be initiated falls on a day other than one of our Initiation Days, we will initiate the Payment on the next Initiation Day. Initiation Day generally means Sunday through Friday, except for a calendar day before a federal holiday. (Initiation Day may also be referred to as Start On Date.) All Payments (whether scheduled via personal computer, or telephone or otherwise) are processed after the deadline established by Bank from time to time by which a new Payment can be scheduled, changed or cancelled (the "Payment Cutoff Time") on the Initiation Day applicable to such Payment. You may submit instructions for Payments to be made, cancelled or modified through Bill Pay until the Payment Cutoff Time on the Initiation Day applicable to such Payment. Our Payment Cutoff Times may vary from time to time without notice and may vary based on the state to which the account from which the Payment is to be initiated is assigned in our records. Call us at (800) 788-7000 for our current Payment Cutoff Times.
  
  A Payment instruction submitted through Bill Pay, including without limit, scheduling, changing or canceling, is considered submitted when you receive a confirmation number.
  
  Subject to other requirements set forth in this Agreement, you may schedule Payments to be initiated on the same day provided that day is an Initiation Day and your request is submitted prior to our Payment Cutoff Time; otherwise your request will be considered received on the following Initiation Day. You may also schedule Payments to be initiated on a future date, provided that date is an Initiation Day; otherwise, your request will be processed the following Initiation Day.
  If you send a message via our secure online message service, telephone or send a letter, to cancel, or change a Payment, we must receive your request at least three Business Days before the date the Payment is scheduled to be processed. You may call a Washington Mutual customer service representative at (800) 788-7000, or you may write to: Washington Mutual, Customer Service Center CPC2103, P.O. Box 834, Seattle, WA 98111.
  
  You may choose to schedule initiation of a Payment to repeat at regular weekly, every two weeks, twice per month, every four weeks, monthly, every two months, quarterly, twice per year, and annual intervals or other intervals that we may make available. A "Repeating Payment" is any Payment other than a "one-time" transaction (whether scheduled for the future or for the same day). Repeating Payments will start on the first Initiation Date after the date that they are submitted. If your Repeating Payment is scheduled to occur on the 29th, 30th, or 31st of the month and that month does not have the required number of days, your Payment will be initiated on the first Initiation Day of the next month.
3. Bill Payments; Allowing Sufficient Time; Estimated Delivery Date
  You must first set up each approved individual, business or institution you wish to pay using this Service ("Payee(s)") on the Payee list. Thereafter, you must schedule the first Payment on a Payment Initiation Day (Start On Date) at least four (4) Business Days in advance of the Bill Due Date to allow sufficient time for processing, mailing if applicable, and the Payee's receipt of the Payment. Except as required by Law, or otherwise provided herein, we will not be responsible for any losses you may incur as a consequence of late Payment if your Initiation Day for Payment was not at least four (4) Business Days in advance of the actual Bill Due Date.
  
  When you use the Bill Pay Service we may, but are not required to, provide you with or allow you to enter an Estimated Delivery Date. (Estimated Delivery Date may also be referred to as Deliver By Date.) The Estimated Delivery Date generally means a Monday through Friday (except federal holidays). The Estimated Delivery Date for the first Payment to a new Payee is four (4) business days after the Payment Initiation Date. This date will not in any way replace or supersede the Initiation Day. The Estimated Delivery Date is provided only as a tool to assist you in determining what the necessary Initiation Date should be and/or to view what the related Estimated Delivery Date may be. After the first Payment to a Payee listed by you has been made, the Estimated Delivery Date (Deliver By Date) will be provided at the time you schedule your next Payment as either (a) two (2) business days after the Payment Initiation Date (Start On Date) for Payments which will be transmitted electronically to a Payee that is set up to receive electronic payments or (b) four (4) business days after the Payment Initiation Date (Start On Date) for Payments made by check. (see, On Time Guarantee, below). We do not guarantee that the Payment will be received or processed by Payee by the Estimated Delivery Date, except as set forth below in the On Time Guarantee section. In most cases, the Estimated Delivery Date provided on the Payment Confirmation Screen will be the date by which the Payment is expected to be received by the Payee. We do not guarantee that the Payment will be received by the Estimated Delivery Date nor credited by the Payee upon receipt. The Estimated Delivery Date you enter before it is submitted is not confirmed to be a Business Day nor is it adjusted for any non-Business Days or non-Initiation Days. The actual Estimated Delivery Date, if given, will be reflected on the Confirmation for your Payment.
  
  Some Payees are set up to receive Payments electronically through this Bill Pay Service and Payments to such Payees may be transmitted electronically, or by U.S. mail, at our option. If the Payee is not set up to receive Payments electronically through this Bill Pay Service, and/or at our option, we will send the Payment by U.S. mail and such Payments may be delivered to the Postal Service up to three (3) Business Days after funds are withdrawn from your account. Certain Payees have established an address for receipt of Payments made by Bill Pay Service. At our option, we may use that address in lieu of any address you provide for such Payments. We may select, at our option, the method used to process your Payments. Any obligations that you wish to pay through the Bill Pay Service must be payable in U.S. Dollars to a Payee located in the United States (U.S. territories excluded). We reserve the right to restrict Payees or categories of Payees to whom Payments may be made using the Bill Pay Service from time to time. Without limiting the foregoing, you may not use the Service to pay court ordered payments (such as, but not limited to, child support payments or traffic tickets), tax payments, other payments where documents are typically required to be delivered with the payment, payments to settle securities purchases, payments to Payees outside of the United States, and transactions to interest bearing accounts.
4. On Time Guarantee
  We will pay any late fees you incur in connection with a Payment to a business Payee which is received by such Payee after the Bill Due Date provided:
  1. The Payment instruction is complete and accurate;
  2. There were sufficient funds in the Deposit Account from which the Payment was to be made (including any overdraft protection, if applicable) as of the Initiation Date at the time we would have initiated such Payment. If there were not sufficient funds and we, at our option, attempt to initiate your Payment on the subsequent Initiation Date, the Guarantee does not apply;
  3. The scheduled Initiation Date is:
    1. At least four (4) Business Days before the Bill Due Date, for the first Payment scheduled by you after a Payee has been listed;
    2. For Payments scheduled after the first Payment for each Payee,
      
      A. At least two (2) Business Days before the Bill Due Date, for Payments transmitted electronically by us;
      B. At least four (4) Business Days before the Bill Due Date, for Payments made by check;
  4. The Estimated Delivery Date (Deliver By Date) displayed at the time you schedule the Payment (other than first Payment) will be entered as two (2) business days after the Payment Initiation Date (Start On Date), if Payment will be transmitted electronically, and four (4) business days, if Payment will be made by check. The first Payment’s Estimated Delivery Date (Deliver By Date) will always be four (4) business days after the Payment Initiation Date (Start On Date).
  5. The Payment was not a court ordered payment (such as, but not limited to, child support payments or traffic tickets), tax payment, other payment where a document is typically required to be delivered with the payment, payment to settle securities purchases, payment to a Payee outside of the United States, a transaction to an interest bearing account, or an otherwise restricted payment.
5. Canceling or Changing Payments
  If you would like to cancel or change individual or Repeating Payments, the best way to do this is to use Bill Pay (not via an online message). Payments may be canceled or changed using Bill Pay, provided such is submitted no later than the Payment Cutoff Time on the Initiation Day applicable to the Payment. If you call with respect to a processed Payment, we may require that you send us a written confirmation of your cancellation request within fourteen Business Days. If we do not receive your written confirmation after such request, the stop payment for the processed Payment may no longer be effective. Except as otherwise set forth herein, or as required by law, Washington Mutual will not be liable for any losses or damages incurred by you if the Payment was not canceled or changed if you fail to meet these timing requirements.
  
  If you do not use the Bill Pay Service to cancel or change a Payment or if you send us an online message or letter to change or cancel a Payment, we must receive your request at least three Business Days before the date the Payment is scheduled to be processed. You may call a Washington Mutual customer service representative at (800) 788-7000, or you may write to: Washington Mutual, Customer Service Center CPC2103, P.O. Box 834, Seattle, WA 98111.
6. Debiting your Account; Insufficient Available Funds for Payments
  Funds may be withdrawn from your Deposit Account designated for the Payment on the Initiation Day applicable to the Payment. Although Payments generally take up to four (4) Business Days for the first Payment and for Payments made by check, and two (2) Business days for Payments made electronically, to reach the Payee, you will not have use of the funds once they have been withdrawn from your Deposit Account; they will not be available for payment of transactions, calculation of minimum balances, interest accrual or otherwise.
  
  When you use the Service(s), you must have sufficient funds available in the selected Deposit Account (including available overdraft protection coverage, if applicable) to cover the amount of the Payments you schedule to be made from such account, and any associated overdraft protection fees.
  
  We may process Payments that exceed your available balance, but we are not obligated to do so. If we do, you agree to immediately pay the overdraft and any fees incurred. The amounts of the fees are set forth in the Schedule of Fees applicable to the account from which the Payment is scheduled to be made. Without limiting the foregoing, we may discontinue permitting overdrafts at any time, without prior notice.
  
  If there are insufficient available funds in your Deposit Account selected for the Payment (including available funds in any other Deposit Account or available line of credit linked to the Account for overdraft protection) and Payment is, nonetheless, initiated: 1) you must immediately pay the amount of the overdraft to us or our processor, as the case may be, without notice or demand; 2) Payment on the electronic transaction or check to the Payee, at our option, may be stopped and Bill Payment Guarantee will not apply; and, 3) we may, at our option, refuse to process any additional Payments until you have paid the overdraft amount. If Payment is not initiated due to insufficient funds, we may, at our option, attempt to initiate the transaction the following business day if sufficient funds were not available and this date will be considered the new Initiation Date (except for purposes of the Bill Pay Guarantee, which will not apply to such second attempted Payment). If a debit transaction to cover a Payment is rejected for any other reason (e.g. closed account, account frozen, etc.), scheduled Payments may not be initiated or processed thereafter.
  
  The Bank is under no obligation to notify you if it does not complete a Payment for any reason, including, without limit, because there are insufficient funds in your Deposit Account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the Payment or for rescheduling the Payment through the Bill Pay Service.
Liability for Unauthorized Use
1. Your Liability for Unauthorized Use
  You agree to notify us immediately if you believe your User ID, Password, Personal Identification Number (PIN) or Telephone Access Code (TAC) has become known or an unauthorized transaction has occurred involving your account. Telephoning is the best way of keeping your possible losses to a minimum. Please call us at (800) 788-7000, or write to us at: Washington Mutual, Customer Service Center CPC2103, P.O. Box 834, Seattle, WA 98111.
  
  If your account is a Consumer Deposit Account:
  - If you notify us within two Business Days after you learn that your User ID, Password, PIN or TAC may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your User ID, Password, PIN or TAC without your permission to initiate a transaction. If you do not notify us within two Business Days, and we can prove that we could have stopped someone from using your User ID, Password, PIN or TAC without your permission if you had told us, you could be liable for as much as $500.00.
  - Also, if your statement shows Transfers or Payments that you did not make or authorize, notify us at once. If you do not notify us within 60 days after the first statement reflecting the disputed transaction was mailed to you, you may not recover any money you lose after the 60 days (in addition to the above amounts) if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
2. Bank's Liability for Failure to Make Payments or Paying Late
  If we do not send a Payment or make a Transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement and the transaction relates to a Consumer Deposit Account, we will be liable for your proximate caused damages except as noted below.
  
  Except as required by law for Consumer Deposit Accounts or as otherwise set forth in the section on On Time Guarantee, we will not be liable for any loss relating to any Deposit Account, any other account with us or the Service. For instance, Bank shall not be liable if, through no fault of ours, you do not have enough available funds in your Deposit Account to make the Payment or Transfer or the Payment or Transfer would exceed any permitted overdraft protection you have with us; or circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, acts of war, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transaction despite reasonable precautions taken by us; or your computer, your telephone, the phone lines, or the Bank's computer systems are not working properly or are temporarily unavailable, and this problem should have been apparent to you when you attempted the Transfer or Payment; or the funds in your Deposit Account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; or the information supplied by you or a third party involving the Deposit Account, Payment or Transfer, is incorrect, incomplete, or untimely; or we have a reasonable basis for believing that unauthorized use of your User ID, Password, PIN or TAC account has occurred or may be occurring; or the Payee does not process a Payment promptly or correctly; or for any other reason specified in this Agreement.
  
  Without limiting the foregoing and except as specifically provided herein, the Bank shall also not be liable for late charges, interest, penalties or other amounts incurred by any Depositor for the Depositor's failure to allow sufficient time for processing and delivery of any Transfers or Payments so long as the Bank has complied with the provisions of this Agreement.
  
  Unless otherwise required by Law, the Bank will not be liable to you under any circumstances for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
3. Reporting Unauthorized Transactions, Payment Problems, Errors or Questions
  1. Consumer Loan Accounts and Consumer Deposit Accounts
    Call, write to us or send a message via secure message system as soon as possible if you think your statement, or Loan Account transaction information is wrong or if you need more information about a transaction listed on your statement or shown on the Service records. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared. The telephone number and address you may use are (800) 788-7000, Washington Mutual, Customer Service Center CPC2103, PO Box 834, Seattle, WA 98111-9817.
    1. Tell us your name and account number.
    2. Describe the error, Payment or Transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    3. Tell us the dollar amount of the suspected error.
    If you tell us orally, we may require that you send us your complaint or question in writing within ten Business Days. If your complaint or error is with regard to a Consumer Deposit Account: We will tell you the results of our investigation within 10 Business Days (or 20 Business Days if the transaction occurs while your account is a "new account" under Regulation E) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (or 90 calendar days for a transaction on a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten Business Days (or 20 Business Days in the case of a transaction on a new account) for the amount you think is in error. You will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten Business Days (or 20 Business Days in the case of a transaction on a new account), we may not provisionally credit your account. If we decide that there was no error, we will revoke any provision credit and send you a written explanation within three Business Days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
    
    As an Online Banking customer, you agree that the Bank may respond to you by the secure message system with regard to any claim of error or unauthorized electronic fund transfer or any question related to the Services. You will be deemed to have received any such message within three days of the date sent by the Bank, regardless of whether you log on to the Service within that time frame.
  2. Consumer Credit Card Accounts
    
    If you think your bill is wrong, or if you need more information about an entry on your bill, write us, on a separate sheet, at our address for billing disputes listed on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
    
    In your letter, give us the following:
    1. Your name and Account number.
    2. The dollar amount of the suspected error.
    3. Describe the error and explain, to the extent you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
    If you have authorized us to pay your credit card bill automatically from your 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.
    Mail your letter to us at the address for billing disputes shown on your billing statement.
    Your Rights and Our Responsibilities
    After We Receive Your Written Notice
    We must acknowledge your letter within 30 days, unless we have 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. We can apply any unpaid amount against your credit line. 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 charge 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 up the 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 we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must 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.
4. Business and Other Non-Consumer Accounts
  In addition to other limitations set forth herein and as provided by Law, the error resolution and liability provisions applicable to Consumers and Consumer Deposit Accounts on or with any periodic statements or other communications and or documents you may receive from us, if any, do not apply to Non-Consumer Accounts. The owners of Non-Consumer Accounts must notify us immediately if they discover any unauthorized transactions or errors, or believe such transactions or errors have been made. If such is not an ACH transaction nor a debit relating to a Payment we process via ACH, we must receive written notice of and, at our request, affidavit regarding the problem in a form satisfactory to us within a reasonable time (not to exceed 14 calendar days) from the date of discovery or your receipt of the first statement, report or notice reflecting the problem, whichever first occurs. If such is an ACH transaction or is a debit relating to a Payment which we process by ACH, we must receive notice, written or verbal, by the cutoff time on the Business Day following the posting date. We shall have no responsibility for any Payment that is rejected because of your selection of an ACH Fraud Prevention Service (see Account Disclosures for additional information).
  
  The owners of Business and other Non-Consumer Accounts assume sole responsibility for any unauthorized use of the User ID, Password, PIN and TAC and shall immediately indemnify, defend and hold Bank harmless from all claims, actions, proceedings, losses and damages related to or arising out of any unauthorized transaction.
Cancellation/Termination of Service

If you wish to cancel your Service, you may do so through the Service, calling us or visiting a Financial Center. The best way to cancel the Service is to call us at (800) 788-7000. You must first cancel all scheduled Payments or Transfers. This will insure future Transfers or Payments you make directly to the Payee will not be duplicated. If you do not do so, we may, but are not required to, process such Transfer or Payment as if the Service had not been terminated. Once you have cancelled all scheduled Payments or Transfers, you must contact us to cancel the Service as described above. We reserve the right to cancel your use of the Service(s) at any time without prior notice or reason except as required by Law including, without limit, if you have insufficient funds in any of your accounts.
Additional Provisions Applicable to Business Online Banking

This section amends this Agreement and includes additional provisions applicable to Business Online Banking Service and/or Business Bill Pay® Service (referred to herein as "Business Online Banking" and "Business Bill Pay®"). Except as set forth below, the terms and conditions of the Agreement apply to Business Online Banking and Business Bill Pay®. Without limiting the foregoing, defined terms have the meanings set forth in the above Agreement, except as noted otherwise. In the event of inconsistency with respect to accounts covered by the Service described in this section, this section shall prevail.

As a Business Online Banking customer, in addition to the Services described above, the following additional Services are available, and the additional terms and conditions set forth below apply to such Services.
1. Eligibility
  Generally, individuals and business entities are eligible for Business Online Banking Service and Business Bill Pay® Service with respect to eligible Non-Consumer Deposit and Loan Accounts. We reserve the right to limit service to certain account types. Consumer Accounts may not be linked to Non-Consumer Accounts through these Services unless we otherwise agree.
2. User Access
  Online Banking shall only be used by the Administrator for legitimate business purposes incurred in the ordinary course of their employment or agency with You. You agree to limit the use of the Services to such purposes and to take all necessary steps to ensure that Online Banking is used for no other purpose.
  1. Administrator
    The initial Administrator shall be that individual who enrolls the Company in the Services. The Administrator's responsibilities to the Bank shall include, among other matters, (i) the receipt and maintenance of all Access Codes; (ii) designating another User to be a successor Administrator who will, when authorized, possess the Administrator's capabilities; and (iii) adding or removing Eligible Accounts from the Service. The Bank may act on the instruction of the Administrator until the Bank shall have received written notice to the contrary from the Administrator or an officer of the Company authorized to give such notice on behalf of the Company. The Bank shall be given a reasonable time to act on such written notice re-assigning the person designated as the Administrator.
    
    You agree that there will be an Administrator at all times. If the Bank is notified or otherwise becomes involved in an internal dispute concerning the appropriate person to be the Administrator or some other internal matter that affects the provision of the Services, the Bank may notify both the Company or the individual designated as the Administrator that there is a dispute to be resolved pursuant to the Resolution of Disputes section of the Account Disclosures and Regulations. In the event of such a dispute, the Bank, in its sole discretion, may continue to provide the Services, suspend all or some of the Services or suspend the ability of the Administrator to have access to all or any part of the Service pending (a) resolution pursuant to the Resolution of Disputes section of the Account Disclosures; or (b) order of a court. The Bank shall have the right to request such supporting documentation as it deems necessary.
  2. Security
    You agree to keep all Codes strictly confidential and establish and maintain all procedures necessary to assure that the Codes will be maintained in the strictest confidence. If your Codes become known to any unauthorized person, or if you believe they may have become known to an unauthorized person, you agree to immediately notify the Bank by telephone, followed by written notice sent the same day as such knowledge of an unauthorized person is first learned. The Bank may change your Codes at any time, which are effective upon such change. Additionally, the Bank shall not be liable for any loss or expense incur red by you as a result of the Bank's compliance with the instructions received through any use of its authorization procedures and Codes assigned to you.
3. Liability for Unauthorized Use of Business Accounts
  In addition to the liability provisions in Section 4 and 7(d) of the Agreement to the extent that they are applicable to Non-Consumer Accounts, you agree that the amount of any claim you bring against the Bank in connection with any account or banking transaction with us, whether brought as a warranty, negligence, wrongful dishonor or other basis, is subject to reduction and offset on the basis of your negligence or failure to use reasonable care on your part, or the part of any other owner or signer on the account or that of the Administrator or any of your agents or any of your employees which contributed to the loss which is the basis of your claim; and, to the extent to which damages could not be avoided by our use of ordinary care.
  
  Any loss recovery you attain from third parties will be applied first to our obligations to you if any. You agree to pursue all rights you may have under any insurance policy you maintain in connection with any loss and to provide us information regarding coverage. Our liability will be reduced by the amount of any insurance proceeds you receive or are entitled to receive in connection with the loss. If we reimburse you for the loss and such is covered by insurance, you agree to assign to us your rights under such insurance to the extent of our reimbursement.
  
  UNLESS PROHIBITED BY LAW, YOU FURTHER AGREE THAT OUR LIABILITY WITH RESPECT TO SUCH CLAIM WILL BE LIMITED TO THE FACE VALUE OF AN ITEM OR TRANSACTION IMPROPERLY DISHONORED OR PAID OR THE ACTUAL VALUE OF ANY DEPOSITS NOT PROPERLY CREDITED OR WITHDRAWALS NOT PROPERLY DEBITED, AND THAT NO LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WILL EXIST OR CAN BE ASSERTED BY YOU AGAINST US.
  
  Unless prohibited by law, you agree to reimburse us for any liability, loss, cost and expense we may incur in connection with your account except to the extent they are caused solely by our intentional misconduct. Unless prohibited by law, we will not be responsible for any loss to you caused by an event which is beyond our control, including but not limited to, natural disasters, wars, riots, strikes, computer failure, loss of power, communication or transportation facilities or caused by third parties, such as networks, funds transfer systems, clearing houses, or other vendors.
  If there is any conflict between this Section and the provisions of your applicable account agreement, the provisions in the account agreement will control.
How to Contact Us
1. Loan and Deposit Accounts
  
  For customer service call: (800) 788-7000
  
  Para información en español, oprima el 8.
  
  For all other languages, press 0 and ask for an interpreter.
  
  For TDD enabled phones for the deaf and hard of hearing, call: (800) 841-1743; if this number is not available, dial 711 for Telecommunications Relay Service assistance.
  
  Calls may be monitored (including recorded) to ensure internal quality and for training purposes.
  
  Or by Mail at:
  Washington Mutual
  P.O. Box 1165
  Northridge, CA 91328-1165
2. Credit Card Accounts
  For customer service, call (800) 356-0011 or the number on the back of your credit card.
  Para información en español, oprima el símbolo de número.
  For TDD enabled phones for the deaf and hard of hearing, call: (800) 918-9178.
  
  Or by Mail at:
  Card Services
  P.O. Box 660509
  Dallas, TX 75266-0509
October 2007: #33350

Log in to your accounts

Online Services Agreement & Disclosure

Washington Mutual Personal and Business Online Banking and Bill Pay Service
Agreement and Disclosure

TABLE OF CONTENTS

Log in to your accounts

Online Services Agreement & Disclosure

Washington Mutual Personal and Business Online Banking and Bill Pay ServiceAgreement and Disclosure

TABLE OF CONTENTS

Washington Mutual Personal and Business Online Banking and Bill Pay Service
Agreement and Disclosure