* If you do not make your required Minimum Payment by the Payment Due Date, you make a payment that is not honored by your bank or you exceed your credit limit, the Delinquency Rate, or at our discretion a lower rate (rather than the Standard Rate), may apply to all existing balances on your Account and all new transactions beginning with the first day of the billing period in which your missed or returned payment was due or in which you exceeded your credit limit.

The information about the costs of the Account described herein is accurate as of December 18, 2007. This information may have changed after that date. To find out what may have changed, write us at GEMB, P.O. Box 981439, El Paso, TX 79998-1439. We may, at any time and for any reason, change, add or delete provisions of the governing credit card agreement, including increasing rates or fees. These changes may affect existing balances as well as future transactions. We will send you notice of any change as required by applicable law.

1. Categories of Communications.
You understand and agree that GE Money Bank, the issuer of the Mohawk Industries, Inc. Credit Card, our assignees, or other holders of your Mohawk Industries, Inc. Credit Card account (“we” or “us” may provide to you by electronic means the following categories of information with respect to applying for and obtaining a Mohawk Industries, Inc. Credit Card account (“Account”), which may include disclosures required by applicable federal or state law (collectively, “Communications”):

• The Mohawk Industries, Inc. Credit Card Agreement (“Agreement”), including, without limitation, any Truth in Lending Act disclosures;
• Other federal and state law disclosures, notices and communications in connection with the application for an Account or opening an Account; and
• Our Privacy Policy for the Mohawk Industries, Inc. Credit Card Program.

2. Manner of Consent.
You acknowledge that by agreeing to the Consent to Electronic Communications through this website, you demonstrate that you can access information that we would provide to you by posting electronic Communications on our website.

3. How to Withdraw Consent.
You may withdraw your consent to receive electronic Communications by not submitting your online application. However, you may not apply online unless you consent to receive electronic Communications.

4. Hardware and Software Requirements.
In order to access and retain Communications, you must have:

• An Internet Browser which supports HTML 4.0 and SSL-encryption, such as Netscape 4.0 or later and Microsoft Internet Explorer 4.0 or later.
• A means to print or store notices and information through your browser software.
• A personal computer or equivalent device capable of connecting to the Internet via dial-up, DSL, Cable Modem, Wireless Access Protocol, or equivalent, and that supports the foregoing requirements.

5. Paper Copies of Communications.
Upon your request, we will send you a paper copy of the Agreement, our Privacy Policy for the Mohawk Industries, Inc. Credit Card Program and/or other material provided pursuant to the Consent to Electronic Communication. If you would like a paper copy of any of this material please write to us at GE Card Services, Application Processing, OH3-4250, P.O. Box 8817, Dayton, OH 45482-9940 or call us at 1-877-794-8400. There will be no charge for a paper copy of this material.

6. Communications in Writing.
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download a copy of this Consent to Electronic Communication, the Agreement, our Privacy Policy for the Mohawk Industries, Inc. Credit Card Program, your application and any other Communication that is important to you for your records.

7. Electronic Signatures.
You acknowledge that by clicking on the "I Agree" or similar button at the Mohawk Industries, Inc. Credit Card application, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

8. Federal Law.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

The following is an initial disclosure statement. If you are approved for a Mohawk Industries, Inc. credit card, a complete credit card agreement (“Agreement”) governing your Mohawk Industries, Inc. credit card account (“Account”) will be sent to you along with your credit card. The Mohawk Industries, Inc. credit card is issued by GE Money Bank (“Bank”). In this disclosure statement, “we”, “us”, and “our” means the Bank; “you” and “your” means all persons who we approve to use the Account; and “Card” means your Mohawk Industries, Inc. credit card. You may use your Account (i) to purchase goods and services (“Purchases”), (ii) to obtain cash advances (“Cash Advances”) by writing convenience checks (“Convenience Checks”) we may provide to you from time to time or by other means we may make available, or (iii) to transfer balances from other credit card accounts to this Account (“Balance Transfers”) by means (including balance transfer checks) we may make available from time to time, in each case up to any credit limit we may establish for your Account (“Credit Limit”). Except as otherwise provided in this Agreement or in any applicable offer, Balance Transfers will be treated as Purchases. You may not initiate Balance Transfers to this Account from other accounts with us or any of our affiliates. We may limit your Cash Advances to a portion of your Credit Limit (your “Cash Limit”) and if we do so, you agree not to take Cash Advances in excess of your Cash Limit. We may decline to authorize any Purchase, Balance Transfer or Cash Advance or change your Credit Limit at any time. You may use your Account only for personal, family or household purposes.

PERIODIC FINANCE CHARGES.

A. We calculate the periodic Finance Charge separately for Purchases and Cash Advances. The Annual Percentage Rate may sometimes be referred to as “APR”. For each billing period in which a periodic Finance Charge is imposed, the amount of the Finance Charge is the total of the amount of the periodic Finance Charge calculated during that billing period. The periodic Finance Charge for each billing period is calculated by applying the applicable daily periodic rate (“Periodic Rate”) in effect during that billing period to the balance subject to periodic Finance Charges for each day in the billing period, and adding together all of those daily Finance Charge amounts. A minimum FINANCE CHARGE of up to $1.50 will be imposed for each billing period in which your Account is subject to a Finance Charge.

B. The periodic Finance Charges will be determined separately for charges incurred under any Special Payment Plan in accordance with the terms established for such Special Payment Plan. You understand and acknowledge that this Account provides for the daily compounding of periodic Finance Charges.

PERIODIC RATES

A. The Periodic Rate for your Purchase Balance is the Purchase Standard Rate, unless the Delinquency Rate applies as described below. The Purchase Standard Rate for a billing period is the greater of (i) the Prime Rate plus 15.48%, times 1/365, or (ii).06021% (ANNUAL PERCENTAGE RATE 21.98%). The "Prime Rate" for a billing period is the highest bank prime loan rate, as published in the Money Rates section of The Wall Street Journal, on the fifth business day before the first day of that billing period. As of December 18, 2007, the Purchase Standard Rate was .06227% (ANNUAL PERCENTAGE RATE 22.73%).

B. The Periodic Rate for your Cash Advance Balance is the Cash Standard Rate, unless the Delinquency Rate applies as described below. The Cash Standard Rate for a billing period is the greater of (i) the Prime Rate plus 15.48% times 1/365, or (ii) .06021% (ANNUAL PERCENTAGE RATE 21.98%). As of December 18, 2007, the Cash Standard Rate was .06227% (ANNUAL PERCENTAGE RATE 22.73%).

C. The Periodic Rates and corresponding APRs for all Account balances (including any promotional rates) may be increased if you fail to make a required Minimum Payment by the Payment Due Date, you make a payment to us that is not honored by your bank or you exceed your Credit Limit. If we increase your Periodic Rates, the new Periodic Rates will be equal to the Delinquency Rate, or at our discretion a lower rate. Our decision may be based on factors such as the timing or seriousness of any default, your payment and purchase history and other performance on this Account. The increased Periodic Rates will apply to your existing balances and future transactions and will take effect as of the first day of the billing period in which your missed or returned payment was due or in which you exceeded your Credit Limit. We also may change rates or other terms as provided in the Termination/Change In Terms section of the Agreement (summarized below). The Delinquency Rate for a billing period is the greater of (i) the Prime Rate plus 20.74%, times 1/365, or (ii) .07394% (ANNUAL PERCENTAGE RATE 26.99%). As of December 18, 2007, the Delinquency Rate was .07668% (ANNUAL PERCENTAGE RATE 27.99%).

D. The Periodic Rates and Corresponding APRs may vary. If the Prime Rate increases, the Periodic Rates and corresponding APRs may increase and, as a result, the periodic Finance Charge, Minimum Payment and number of payments also may increase. Any change in the Periodic Rates will apply to your entire Account balance (unless otherwise specified in any applicable Special Payment Plan). A change in the Prime Rate will take effect on the first day of the billing period that commences after the change. We may select a new interest rate index if the Prime Rate is not available.

BALANCE SUBJECT TO PERIODIC FINANCE CHARGES. The balance subject to a periodic Finance Charge is calculated seperatly for Purchases and Cash Advances.

A. The Purchase Balance subject to a periodic Finance Charge is the Purchase Daily Balance of the Account. To determine the Purchase Daily Balance, we take the prior day’s Purchase Balance of your Account, which includes unpaid periodic Finance Charges on your Purchase Balance and add any new Purchases, including any Balance Transfers that are treated as Purchases, and other debits charged to your Account that day, and subtract any payments and other credits applied to your Purchase Balance that day. Each day we also add any periodic Finance Charges on your Purchase Balance and other Finance Charges and fees (other than Transaction Fees for Cash Advances), including any debt cancellation fees, assessed that day on your Account. This gives us the Purchase Daily Balance of the Account. Any Purchase Daily Balance of less than zero will be treated as zero.

B. The Cash Advance Balance subject to a periodic Finance Charge is the Cash Advance Daily Balance of the Account. To determine the Cash Advance Daily Balance, we take the prior day’s Cash Advance Balance of your Account, which includes any unpaid periodic Finance Charges on your Cash Advance Balance, and add any new Cash Advances, including any Balance Transfers that are treated as Cash Advances, Transaction Fees for Cash Advances and periodic Finance Charges on your Cash Advance Balance for that day and subtract payments and other credits applied to your Cash Advance Balance that day. This gives us the Cash Advance Daily Balance of the Account. Any Cash Advance Daily Balance of less than zero will be treated as zero.

WHEN PERIODIC FINANCE CHARGES BEGIN TO ACCRUE. Purchases and Cash Advances begin to accrue periodic Finance Charges from the date of the transaction (or, at our option, from the date they are posted to your Account) and continue to accrue Finance Charges until the charge is paid in full. However, you can avoid periodic Finance Charges on new Purchases if for each billing period you pay your New Balance, including any Cash Advance Balance and any balance of Purchases made under any Special Payment Plan, in full on or before the Payment Due Date for such billing period. There is no period within which you can avoid periodic Finance Charges on Cash Advances or Transaction Fees for Cash Advances.

PAYMENTS. You must pay at least the Minimum Payment on your Statement by the Payment Due Date shown on the Statement. You may pay more than the Minimum Payment at any time. If you have a balance subject to Finance Charges, earlier payment may reduce the amount of Finance Charges you will pay. Any time the APR applicable to your Account is 24.0% or less, your Minimum Payment initially will be (i) the greater of $15.00 or 3% of your New Balance (excluding any balance attributable to any Special Payment Plan that involves delayed or special payments), rounded to the next highest dollar, plus (ii) any past due amounts, plus (iii) any payment due under any Special Payment Plan. Any time the APR applicable to your Account is greater than 24.0%, your Minimum Payment initially will be (i) the greater of $15.00 or 3.5% of your New Balance (excluding any balance attributable to any Special Payment Plan that involves delayed or special payments) rounded to the next highest dollar, plus (ii) any past due amounts, plus (iii) any payment due under any Special Payment Plan. However, if during any four month period immediately following a billing period in which a Late Payment and/or Over Limit Fee is assessed, you pay at least the Minimum Payment each month but the total of your payments does not at least equal the sum of the Finance Charges billed on your Statement each month, plus 1% of your New Balance each month, plus the particular Late Payment and/or Over Limit Fee that was assessed in the billing period before the four month period, your Minimum Payment will be changed for future months to the greater of the Minimum Payment calculation stated above, or the sum of 1% of your New Balance plus Finance Charges, Late Payment Fees and Over Limit Fees billed on your Statement. In each case, your Minimum Payment also will include any past due amounts and any payment due under any Special Payment Plan. The Minimum Payment will be the New Balance if the New Balance is less than $15.00. You agree that, if allowed, any payments on your Account delivered to a retailer store are handled by such retailer as a convenience for you and are not received or accepted by us until physically delivered to us. We reserve the right to select the method by which payments and credits are allocated to your Account in our sole discretion. The payment allocation method that we use may result in higher Finance Charges on your Account, depending on the types of transactions you make (such as promotional or non-promotional Purchases), and the timing and amount of your payments. For example, on promotions requiring a Minimum Payment, payments over the minimum will usually be applied to those promotional balances before non-promotional and other balances. If you have a non-promotional balance, this may reduce the benefit from the promotion. If you want to change this allocation, please call customer service.

FEES. You agree to pay the following fees.

A. A Late Payment Fee, if we have not received your Minimum Payment by the Payment Due Date shown on your Statement. The amount of the Late Payment Fee will be based on your Account balance on the date the Late Payment Fee is applied to your Account. The Late Payment Fee will be $15 for a balance of $99.99 or less; $29 for a balance of $100.00 to $499.99; and $39 for a balance of $500.00 or more.

B. A Returned Check Fee of $30 if any check or other instrument sent to us, or any electronic payment authorization you provide us in payment on your Account, is not honored upon first presentment, even if the check, instrument or electronic authorization is later honored.

C. An Over Limit Fee of $30 for each billing period in which your New Balance as shown on your Statement exceeds your Credit Limit. We may assess an Over Limit Fee even if we authorize the transactions on your Account that caused you to exceed your Credit Limit or if you exceed your Credit Limit as a result of unpaid Finance Charges, the billing of deferred accrued Finance Charges or other fees.

D. A Transaction Fee for each Cash Advance that posts to your Account, including any Balance Transfer treated as a Cash Advance. This fee will be a FINANCE CHARGE equal to 4% of the amount of the Cash Advance, with a minimum of $5.

E. A Returned Loan Check Fee of $30 in the event any Convenience Check on your Account is not honored by us because (i) the portion of your Credit Limit available for Convenience Checks is insufficient to cover the amount of the Convenience Check, (ii) you have filed a petition in bankruptcy, (iii) the Convenience Check has expired, or (iv) your Account has been closed.

F. A Stop Payment Fee of $30 if we stop payment on any Convenience Check at your request.

G. A Transaction Fee for each Balance Transfer treated as a Purchase that posts to your Account. This fee will be a FINANCE CHARGE equal to 4% of the amount of the Balance Transfer, with a minimum of $5.

SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price until such merchandise is paid in full. Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to Finance Charges on the Account, and then to pay off each Purchase on the Account in the order in which the Purchase was made (if more than one item was purchased on the same day, your payments will be allocated to pay off the lowest priced item first). If you made a Purchase pursuant to a credit promotion, the balance with respect to the promotional Purchase may be shown on Statements during the promotional period and may reflect a different payment allocation method. In no event will we assert a security interest in the promotional Purchase for an amount greater than the lowest balance shown on a Statement for that promotional Purchase. We agree that no security interest is or will be retained or acquired under this Agreement in any real property, which is used or is expected to be used as your dwelling. Should we feel it is necessary, you authorize us to sign and file financing statements regarding any Vehicle purchased.

If the item of merchandise purchased is a Vehicle (including the vehicle, parts and accessories) and if you default under this Agreement we may, as permitted by applicable law, repossess the Vehicle and any personal property of yours in or attached to the Vehicle that is not subject to our security interest may be held by us without liability. Unless you make written demand on us for the return of such personal property within 10 days (or any longer period required by applicable law) of repossession, you will lose any right to reclaim it from us, except as applicable law otherwise provides. After we repossess the Vehicle, it may be sold at public or private sale, as provided for by applicable law, and the proceeds received from the sale will be applied to your balance after deducting expenses allowed by law. We will pay you any surplus resulting from a resale of the repossessed Vehicle, and you will pay us any deficiency when and as permitted by applicable law.

For some individual Purchases under your Account, we may require you to maintain property/casualty insurance on the Purchase as a condition of granting you credit. You will be informed of any property/casualty insurance requirement at the time you make the Purchase.

CHANGE IN TERMS. We may, at any time and subject to applicable law, change, add or delete provisions of the Agreement (“Terms Change”) or terminate your Account. Unless prohibited by applicable law, we may apply any Terms Change to any outstanding or future balances of your Account.

ARBITRATION. The Agreement contains an arbitration provision that may substantially limit your rights in the event of a dispute, including your right to litigate in court or have a jury trial, discovery and appeal rights, and the right to participate as a representative or member of a class action. You have a right to reject the arbitration provision, by following the instructions in the arbitration provision. If you reject arbitration, it will have no effect on any other terms of the Agreement.

• The Retailer/Merchant/Dealer associated with this credit program and its affiliates and program sponsors (as applicable), for use in connection with this consumer credit program and as otherwise permitted by law. They may use this information to update their records, to provide you with notices of special promotions and other tailored offerings, to answer questions about this Account and perform other credit program functions or for other purposes permitted by law. They may use their affiliates, licensees, sponsors or third-party service providers (such as modeling and database companies) to assist them in any of these activities.


• Service Providers and program sponsors, (including our affiliates) to assist us in servicing Accounts, like preparing billing statements and promotional materials, and responding to customer inquiries. We also may use marketing firms, such as modeling companies, to assist us in our own marketing efforts.


• Financial Institutions with whom we jointly offer financial products, such as loan products or credit insurance. If your billing address is in Vermont, this information will be limited to your name and contact information, and transaction and experience information on this Account.


• GEMB’s affiliates, who are other companies in the General Electric Company corporate family (“GEMB affiliates”) for servicing or marketing purposes, subject to your right to opt out of sharing of credit eligibility information, such as certain information from credit bureaus and your application, as provided in the It’s Your Choice section below. Subject to your right to opt out, GEMB Affiliates also may use information from us concerning your credit eligibility, and your transactions and experience with us, to send you marketing solicitations about products and services.


• Third Parties, who are interested in offering special products or services to you, subject to your right to opt out as provided in the It’s Your Choice section. For example, we disclose information, either directly or through the Retailer/Merchant/Dealer and its affiliates and program sponsors (as applicable) to financial services providers offering products such as insurance, mortgages or loans, and non-financial companies offering consumer products and services. We may disclose name, address and telephone numbers, as well as Account purchase and performance history.


• Others:We report Account information, such as credit limit, balances and payment information, to credit bureaus. In addition, we may buy and sell assets, lines of business and/or Accounts. When this occurs, customer information generally is disclosed to bidders and is one of the transferred business assets. We also disclose information about you to third parties in certain other circumstances, as permitted by law.

It’s Your Choice -You have the right to opt out of certain uses we may make of credit eligibility information and our sharing of information with certain third parties as described below. To opt out please call us toll-free at 1-877-905-2097, or write to us at P.O. Box 981439, El Paso, TX 79998-1439. If you have previously informed us of your preference, you do not need to do so again.