Deposit Account Agreement

Transcription

1 Deposit Account Agreement and Electronic Fund Transfer Disclosure Effective September 1, 2012

2 Thank you for choosing Discover. We appreciate your business and look forward to serving your financial needs. In this Deposit Account Agreement and Electronic Fund Transfer Disclosure, you will find important information about your Certificate of Deposit (CD), Individual Retirement Account (IRA) CD, Money Market and/or Savings Account. Access your Account(s) information 24 hours a day, 7 days a week at DiscoverBank.com or call a U.S.-based Banking Specialist at

3 Account Agreement Table of Contents Section...Section Number Abandoned Accounts...31 Account Ownership...6 Account Closure...24 Account Transfer or Assignment...17 Amendments and Account Changes...26 Arbitration of Disputes...35 Backup Withholding... 8(b) Business Days 25 Certificate of Deposit Interest Disbursement Options... 14(d) Certificate of Deposit Renewal Options...19 Checks...9 Custodial Account Delaware Uniform Transfer to Minors Act... 6(d) Deposits...10 Debit Cards...13 Electronic Fund Transfer (EFT)...27 Eligibility...2 Error Resolution...28 Estate Accounts... 6(e) FDIC Insurance...4 Fee Schedule, Minimum Requirements and Transaction Limits...36 Fees...7 Fund Transfers...14 Funds Availability (Holds)...15 Guardianship Accounts... 6(g) In Trust For (ITF) Accounts... 6(c) Income Tax Reporting and Withholding...8 Individual Accounts... 6(a) Individual Retirement Accounts... 6(f) Interest...5 Introduction...1 Joint Accounts... 6(b) Legal Proceedings...30 Limitation of Liability...34 Payable on Death (POD) Account... 6(c) Power of Attorney (POA)...22 Privacy and Disclosure of Account Information...23 Right of Set-off...20 Severability...32 Signature Card/Substitute W Statements...18 Stop Payment on Checks...16 Stop Payment of Preauthorized Transfers... 27(a) Taxpayer Identification Number (TIN/SSN/EIN)... 8(a) Telephone Communications...33 Trust Accounts... 6(c) Waivers...29 Wire Transfers... 14(b) Withdrawals...11

4 Deposit Account Agreement and Electronic Fund Transfer Disclosure Effective September 1, 2012 (1) INTRODUCTION The following are a list of terms used throughout this Deposit Account Agreement and Electronic Fund Transfer Disclosure ( Agreement ): Account means your Discover Certificate of Deposit ( CD ), Discover Individual Retirement Account ( IRA ) Certificate of Deposit, Discover Money Market Account, Discover Premium Savings Account and/or Discover Online Savings Account, as applicable; reference to Savings Account includes both Discover Premium Savings Account and Discover Online Savings Account; reference to CD includes both CD and IRA CD, unless otherwise specified. We, us and our refer to Discover Bank, a Delaware-chartered bank; You and your refer to each person, entity, or authorized agent in whose name an Account is held or who exercises an ownership interest therein, as well as any permitted assignee or successor in interest to the Account. EFT means Electronic Fund Transfer. This Agreement, together with any other documents we provide to you concerning your Accounts and related products and services, governs the terms and conditions of your Accounts with Discover Bank. Please read and keep this Agreement for your records. You accept this Agreement by opening or using an Account. You may, however, reject the Arbitration of Disputes provision, as set forth in Section 35(i), below, which includes a number of rights, including the waiver of your right to a jury trial. You must follow the procedures set forth in Section 35 if you want to reject the arbitration provision. This Agreement supersedes any prior communications that you may have had with us. The headings contained herein are provided for convenience only and are not substantive terms. Except where noted, your Account and this Agreement are governed by Delaware and Federal law. (2) ELIGIBILITY IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT All account owners must be a U.S. citizen or other U.S. person, at least 18 years old, and have a valid Taxpayer Identification number and a valid U.S. Address. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying documents. We may make any inquiries we consider appropriate to help us verify your identity and determine whether we should open your account. This may include verification of employment and credit reports or other reports from account information services and credit reporting agencies. Verifying your identity may delay account opening. If you apply for an Account and we decline to open one as the result of a credit report, we will tell you the name, address and phone number of the credit reporting agency. We do not open Accounts for customers with foreign tax status (i.e. W-8 filing status). We reserve the right to deny you an Account or close your Account for any lawful reason. (3) SIGNATURE CARD / SUBSTITUTE W-9 As a condition to open or maintain an Account with us, you must complete a W-9 Tax Certification or Signature Card/ Substitute W-9 Form to certify your Tax Identification Number (TIN). If you fail to certify your TIN, you may be subject to backup withholding or we may return the funds to you, without interest, by mail or other reasonable means as determined by us and you will not be entitled to any special incentives that may have been offered to you for opening your Account. (4) FDIC INSURANCE Discover Bank Accounts are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum allowable limits. For more detailed information on FDIC coverage, contact the FDIC directly at ASKFDIC ( ), (TDD: ) or visit (5) INTEREST An interest bearing Account is compounded daily and credited monthly. Interest begins to accrue on the business day we receive your deposit. We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the balance in the Account each day. (a) Certificate of Deposit The interest rate and annual percentage yield disclosed to you at account opening are fixed for the term of the CD. Interest will not accrue during the grace period (as defined in Section 19) unless the CD is renewed. If a partial withdrawal is made

5 during the grace period, the withdrawn funds will earn interest from the day after the last maturity date to (and including) the day of withdrawal at the interest rate in effect on the maturity date. Any receipt or confirmation letter you receive after opening a CD is not a certificate or other instrument and is not transferable, except on our records. During the term of your CD, interest paid on your CD may be reinvested, transferred into a Discover Money Market or Savings Account that you own, or transferred to your deposit account at another financial institution, provided that financial institution allows such transfers. The annual percentage yield assumes interest remains on deposit until maturity. A withdrawal will reduce earnings. If you do not specify an interest disbursement option, your interest will be reinvested in your CD. Interest will also be reinvested if: an Account you have designated to receive interest payments is closed; interest payments are returned; or for IRA CDs if you are younger than 59½. (b) Money Market and Savings Account Your Account will earn interest at rates established by us on a daily basis. At our discretion we may change the interest rate and annual percentage yield on your Account at any time. Any change in interest rates will be effective on the date of such change. Interest is accrued daily after debits and credits are posted to your Account. (6) ACCOUNT OWNERSHIP We will honor your designation of the primary Accountholder unless a different primary Accountholder is required by law. Accordingly, you may own your Account in any of the following capacities: (a) Individual Account An Individual Account is an Account held solely by you. If you should die without naming someone to whom funds should be paid (i.e., Payable on Death or In Trust For), the funds will become property of your estate. (b) Joint Account A Joint Account is an Account held by more than one natural person. A Joint Account will be established as a joint tenancy with right of survivorship. If a Joint Account is established without the signature of one of the joint owners, you agree to hold us harmless for our reliance upon your designation of the joint owner for whom a signature is not provided. Any funds deposited to a Joint Account by any of its owners shall be owned by all joint tenants. Each owner of a Joint Account may deposit to, make withdrawals or transfers from or issue stop payments with respect to the Joint Account without notice to or consent from any of the other owners of the Joint Account. Any action of one owner of a Joint Account shall be binding upon all owners of a Joint Account. We may act upon the direction of one or more owners of the Joint Account without notice to or consent from any of the other owners of the Joint Account. Each owner of a Joint Account is jointly and severally responsible and liable for the acts and omissions of each of the other owners of the Joint Account. Each owner of a Joint Account agrees to release us from all liability in connection with any payments we make to or at the instruction of any other owner of the Joint Account. Each owner of a Joint Account appoints each of the other owners of the Joint Account as his or her agent and attorney in fact with power to endorse and deposit items payable to him or her in the Joint Account. If an owner of a Joint Account makes adverse claims or demands concerning the Joint Account, we may, in our sole discretion, refuse to recognize such claims or refuse to take action until the rights of all interested parties have been resolved to our satisfaction and we are provided a copy of an agreement signed by all owners of the Joint Account. If an owner of a Joint Account dies, the balance in the Joint Account passes to the remaining owner(s) of the Joint Account as joint tenants with right of survivorship. (c) Trust Account (i) Formal Trust Account A Formal Trust Account is created by a written instrument, such as a Revocable Living Trust or Testamentary Trust, provided that the trust s terms are consistent with Delaware law. We may require you to provide a copy of the trust document or execute a Trustee Certification Form, which we will provide to you. We will act in reliance on the information contained in the Trustee Certification Form, and we undertake no obligation to either you or any beneficiary for complying with the terms of the trust document. The Savings Account is not eligible for this ownership type. (ii) Informal Trusts - Payable on Death (POD)/In Trust For (ITF) Account A Payable on Death Account (sometimes called an In Trust For or Totten Trust Account) is an Account established by one or more natural persons naming one or more beneficiary(ies) to whom Account funds will be transferred upon our receipt of

6 notice that all owner(s) are deceased. The Account will be identified by the label POD or ITF in the Account title. If you establish an Account as trustee for a third person without presenting formal trust documents, we will treat the Account as a POD Account. During their lifetime, the owner(s) of a POD or ITF Account may deposit to and withdraw or transfer from the Account, close the Account, change beneficiaries at their discretion or take any other permitted action with respect to the Account as if the Account were an Individual Account (single owner) or a Joint Account (multiple owners). A beneficiary of the POD or ITF Account is entitled to funds in the Account only if the beneficiary is living at the time all owner(s) have died. Upon our receipt of notice as required by us, that all owner(s) are deceased, the funds in the Account will be distributed evenly to each beneficiary (or to his or her representatives as applicable) who survives the owner(s). If no beneficiary survives death of the owner(s), the trust will terminate and title to the Account will vest in the estates of the last surviving owners. (d) Custodial Account - Delaware Uniform Transfer to Minors Act A Custodial Account is opened and maintained by an adult (the Custodian ) for the benefit of a minor, pursuant to the Delaware Uniform Transfer to Minors Act ( DE UTMA ). Funds deposited into a Custodial Account are irrevocably granted to a person who is a minor on the date of the gift, and are then owned by the minor. The Custodian of the Custodial Account agrees to hold and use for the minor s benefit, any funds deposited into the Custodial Account until the minor reaches the age of majority, as defined in the DE UTMA (21 if opened after June 26, 1996, 18 if prior to that date; as applicable, the Majority Age ). The minor will not have authority to withdraw funds from the Custodial Account until the minor reaches Majority Age. We will close the Custodial Account and transfer funds to the minor, or re-title the Custodial Account, when we receive appropriate documentation showing that the minor has reached the Majority Age. We have no duty to monitor Custodial Accounts or the status of the Custodian or minor, nor do we have any duty to monitor or ensure that the Custodian is acting in the minor s best interest. Each Custodial Account may designate only one Custodian on behalf of one minor. Custodians must be at least 18 years of age. (e) Estate Account An Estate Account is an Account opened in the name of a decedent s estate by the estate s executor or administrator. If the executor or administrator of the estate requests that the Estate Account be closed, the funds will be remitted to the executor or administrator in the name of the estate. The Savings Account is not eligible for this ownership type. (f) Individual Retirement Account We offer Traditional and Roth Individual Retirement Account CDs. These Accounts are also governed by a separate IRA plan agreement and disclosures that we furnish to you at plan opening. The required forms must be completed and returned prior to funding. (g) Guardianship Account A Guardianship Account is an Account maintained by a court-appointed guardian on behalf of a person who is legally incapacitated (the Ward ). (7) FEES You agree to pay our standard fees and charges for your Account and related services. All fees will be automatically deducted from your Account. Fees for such services are detailed in the Fee Schedule in Section 36. We reserve the right to change the Fee Schedule from time to time. See Section 26, Amendments and Account Changes, for notification requirements of such changes. (8) INCOME TAX REPORTING AND WITHHOLDING (a) Taxpayer Identification Number Subject to Section 8(c), we will use the Taxpayer Identification number (TIN) described below for income tax reporting purposes: (i) Individual Account (including Payable on Death Accounts and Individual Retirement Accounts): The Social Security number provided by the primary Accountholder. (ii) Joint Account (including Payable on Death Accounts): The Social Security number of the designated primary Accountholder. (iii) Custodial Account: The Social Security number of the minor. (iv) Trust Account: The EIN (employer identification number) of the trust, or, if none, the Social Security number of a grantor. (v) Estate Account: The EIN of the decedent s estate. (vi) Guardianship Account: The Social Security number of the Ward. (b) Backup Withholding

7 We may be required by the Internal Revenue Service (IRS) to withhold interest on your Account if you do not furnish us with your correct TIN and/or do not properly certify that you are not subject to backup withholding or if otherwise instructed by the IRS. (c) State Tax Withholding (i) Non-IRA Accounts Your state of residence will determine if you are subject to state income tax withholding. Those states with mandatory withholding will require state income tax to be withheld from payments if federal taxes are withheld. Voluntary withholding states let individuals determine whether they want state income taxes withheld. Some states have no income tax. For additional information and details that are specific to you on state tax withholding requirements, you may wish to consult with a tax advisor or your state s tax authority. (ii) IRA CD Accounts State tax withholding laws on IRA distributions vary by state. Therefore, when requesting an IRA distribution, any state tax withholding will be based on your address on file with us. If not on file, the mailing address you have on file with us is used to determine which state s tax laws are applicable. For Traditional IRAs, your state s tax regulations may require that we withhold a portion of the gross IRA distribution. State tax laws vary and, for some states, state tax withholding for IRA distributions do not apply. For Roth IRAs, state tax is not withheld. Even if you elect in writing not to have federal and/or state income tax withheld, you are liable for payment of federal and state income taxes, if applicable, on the taxable portion of your distribution. You may also be subject to tax penalties under the estimated tax payment rules if your withholding and payment of estimated tax, if any, are not adequate. For more information, consult your tax advisor. (9) CHECKS (a) Money Market Checks All checks and withdrawal forms used in connection with your Account must be obtained through or acceptable to us. We reserve the right to refuse to honor any checks on which there is either no signature or a signature of questionable validity. We reserve the right to pay any check before the date you have written on it (a postdated check) or if it is more than six (6) months old (a stale check). (b) Preauthorized Checks You may allow a third party to create a check drawn against your Money Market Account by communicating your account number to that party over the phone. However, if you choose to permit such a check, you agree: 1) to accept sole responsibility for ensuring that the amount of the check is both authorized and accurate; and 2) that we are not liable if we either pay or refuse to pay any check that you have authorized a third party to create if that check does not bear your signature. (c) Check Conversion You may authorize a merchant or other payee to use your Money Market check as a source of Account information to initiate an electronic withdrawal from your Account. The merchant/payee uses the check information, along with the transaction amount, to initiate an Automated Clearing House (ACH) debit transaction. This type of transaction generally results in funds being withdrawn from your Account faster than a normal check transaction. A description of the transaction will appear on your Account statement from us. This type of transaction from a consumer Account is governed by the Electronic Fund Transfer Act, and is subject to the Electronic Fund Transfer Disclosure found in Section 27 of this Agreement. (d) Official Bank Checks If you request an Official Bank Check to be mailed to you, we may require such request be made in writing. See the Fee Schedule, in Section 36, for the Official Bank Check Fee. (10) DEPOSITS We reserve the right to refuse, limit or return any deposit. Checks must be payable to you and personally endorsed by all parties to whom they are payable. Third party checks are not accepted for deposit. Checks received will be posted on the business day of receipt and made available as indicated in Section 15 (Funds Availability). You may be eligible to deposit checks using your mobile phone. Mobile check deposits are subject to the Discover Bank Check Deposit Capture Service User Agreement provided during first use of the service. Any non-cash items deposited to your Account (including items drawn on us ) will be given provisional credit until final payment of the item. If you deposit a check that is returned to us unpaid, we will deduct the amount of the returned check from your Account balance, or if the check is returned for insufficient or uncollected funds, we may re-present the check for payment a second time without notice to you. At our option, the check may be represented electronically by us. You will be assessed a fee if a deposited item is returned unpaid. See the Fee Schedule, in Section 36, for the Deposited Item Returned Fee.

8 You agree to indemnify and hold the Bank harmless against any losses resulting from non-payment of any item cashed against or deposited into your Account and against all losses due to any preauthorized credit to your Account that we do not receive. These losses include, but are not limited to, all related costs, expenses and reasonable attorneys fees (including the cost of any attorney employed by us). (a) Deposit by Internet or Phone For security reasons there may be limits on the dollar amount you may deposit. In order to initiate a deposit by internet or phone, you will be required to provide the routing number, account number, and bank name from which the funds will be debited. Owner(s) of the Discover Account must be the same owner(s) of the bank account from which funds are being transferred. Internet transfer requests are subject to the External Funds Transfer Service and Bill Payment Service Agreement provided during Account Center registration. (b) Foreign Checks We reserve the right to refuse items payable in foreign currency or drawn on a foreign bank located outside the United States ( foreign item ). If we accept a foreign item, we may accept it for collection only and you bear all risks associated with the collection of the item, including any fees associated with collection and any exchange rate risk. We may not credit funds from a foreign item to your Account until the first business day after we receive final payment for such funds from the paying bank. In addition, if we decide to provisionally credit your Account before receiving final payment, we may reverse such provisional credit at any time until we receive final payment for such item from the paying bank. If we reverse a provisional credit, you will be responsible for the amount of such reversal and any fees due and owing arising out of or resulting from such reversal. The Funds Availability policy set forth in Section 15 below does not apply to foreign items. When the foreign item accepted for collection will be paid is strictly in the discretion of the paying institution. See the Fee Schedule, in Section 36, for the Foreign Check Processing Fee. (11) WITHDRAWALS (a) Certificate of Deposit Withdrawals You can withdraw interest that has been posted to your CD anytime during the term of your CD by: Registering via the Account Center to have interest automatically transferred to your Discover Money Market or Online Savings Account. Registering via the Account Center to have interest automatically transferred to a bank account that you designate. Requesting an Official Bank Check sent to you in the amount of interest posted to your CD. If you withdraw all or part of the Issue Amount (the amount of your initial deposit or the amount of your renewed deposit in the case of a renewed CD) from your Discover CD prior to the day of maturity, we may charge your Account an early withdrawal fee. The fee will be calculated based on the amount withdrawn and the CD term. See the Fee Schedule, in Section 36, for additional information. Interest withdrawals are not available for IRA CD Accountholders younger than age 59½. Refer to the Certificate of Deposit Renewal Options Section 19 for further information on your options at maturity. (b) Money Market and Savings Account Withdrawals Federal regulations applicable to money market and savings accounts provide that we must retain the right to require at least seven (7) days notice prior to any withdrawal and limit the number of certain types of withdrawals and transfers. During any monthly statement cycle, you may make unlimited withdrawals or transfers when made in person, at an ATM (applicable to money market accounts), by messenger or by mailing a request or speaking to a telephone representative to have a check mailed to you. All other withdrawal and transfers, including those made by check or POS (point-of-sale) transactions (applicable to money market accounts), ACH, wire, telephone, internet, and transfers to repay loans are limited to a combined total of six (6) per monthly statement cycle. If during any statement cycle you exceed these transaction restrictions, we may impose a fee for or refuse to pay each transaction in excess of the restrictions. Transactions are counted based on the posting date. See the Fee Schedule, in Section 36, for the Excessive Withdrawal Fee. If you exceed these transaction restrictions on more than an occasional basis, we reserve the right to close your Money Market or Savings Account or change the Account to another deposit account type. (c) Insufficient Funds We will not pay or honor any withdrawal or transfer, claim or other amount due and owing against your Account if there are insufficient funds to satisfy the full amount. An insufficient funds fee will be assessed against your Account for each such withdrawal, transfer, claim or other amount that we decline to pay due to insufficient funds in your Account. See the Fee Schedule, in Section 36, for the Insufficient Funds Fee. We pay debits drawn on your Account in the order of smallest dollar amounts to largest dollar amounts.

9 (d) Suspicious Withdrawals We reserve the right to decline any withdrawal if we suspect fraud or possible illegal activity affecting your Account. (12) RESERVED (13) DEBIT CARDS (a) Debit Card Transactions You may use your Discover Debit Card ( Debit Card ),where the PULSE or Discover symbols are displayed, subject to transaction limitations set forth in Section 11 and Section 13(b) and by the ATM owner or merchant to: (i) Withdraw cash from your Money Market Account at an ATM. (ii) Obtain your Money Market Account balance or transfer funds between your Money Market Accounts. (iii) Pay for purchases in person, online, or by phone. If you make a purchase or withdraw cash in a foreign currency, we will convert it to U.S. dollars using a rate we choose. This rate will either be a government-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. We use the rate in effect on the conversion date for the transaction. This rate may be different than the rate in effect on the transaction date. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete an EFT. (b) Debit Card Limits The daily combined purchase (point of sale) limit using your Debit Card is the lesser of $5,000 or your available balance. The daily ATM withdrawal limit is $510 or your available balance, whichever is less. When you use an ATM not owned by us, you may be subject to other daily limits by the ATM operator. These debit card transaction limits are in addition to the limits set forth in Section 11 (Withdrawals) of this Agreement. For security reasons, there may be limits on the number of ATM withdrawals using your Debit Card. In addition, we reserve the right to decline any debit card withdrawal if we suspect fraud or possible illegal activity affecting your account. (c) Personal Identification Number (PIN) A pre-assigned four-digit numeric PIN will be mailed to you separately from your Debit Card. You may activate your Debit Card or change your PIN by calling Since your PIN is an access device to your Account, you should protect your PIN as you would your Debit Card. (14) FUND TRANSFERS (a) Internal Transfers from another Discover Bank Account Accountholders can transfer funds between their deposit Accounts (excluding CDs), or transfer funds from their Savings or Money Market Account to fund a new Account. For Joint Accounts, Discover Bank may accept an internal transfer request from any of the Joint Accountholders. Discover Bank may require a written request for an internal transfer to close one Account and open another with new Accountholders or if at any time the validity of a transaction is in question. Internal transfers are processed immediately if initiated online, and within two (2) business days if initiated by phone. (b) Wire Transfers (i) Wire transfers from your Account to another financial institution may be made upon written request at any time. All requests must include: Accountholder information: o Name of Accountholder o Account number o Physical street address (no PO box addresses will be accepted), o Phone number Receiving Bank Information: o Identify if it is a Domestic or International Transfer o Amount to be wired o Date wire to be sent o Bank 9 digit ABA/Routing number o Bank account number o IBAN/Clabe (may be used for international wire transfers) o Bank name o Bank phone number o Name of Account holder

10 o Bank address (no PO box addresses will be accepted) (ii) We reserve the right to verify or authenticate any request for a wire transfer and to refuse to honor any request if we, in good faith, are unable to verify that the individual requesting such transfer has the authority to do so. (iii) Requests received and verified at or before 2:00 pm ET on a business day will be processed as of that business day. Wire transfer requests received and verified after 2:00 pm ET will not be processed until the next business day. See the Fee Schedule, in Section 36, for the Wire Transfer fees. See Section 25 for information regarding our business days. (c) AutoSavers Plan Our AutoSavers Plan allows you to automatically transfer funds into your Money Market or Savings Account from another designated bank account. (d) Certificate of Deposit Interest Disbursement Options For eligible CDs, you can have your monthly interest payments automatically transferred to your Money Market or Savings Account or to an external bank account that you designate. To enroll, for non-ira Accounts, sign up via the Account Center. For IRA CD customers age 59½ and older, an Interest Distribution form must be completed and is available upon request. (e) External Transfers You can transfer funds between any of your Discover Bank Accounts and eligible accounts you own at other financial institutions. For security reasons there may be limits on the dollar amount and the number of external transfers from your account. Additional terms and conditions apply, which will be provided to you at time of Account Center registration. We reserve the right to terminate, change, discontinue or add funds transfer functionality at any time, within our sole discretion. (15) FUNDS AVAILABILITY (HOLDS) The availability of funds is as follows: (a) Domestic Deposits Deposits made by check, draft or money order drawn on any financial institution located in the United States (including the branch or agency office of a foreign bank) will be available for withdrawal as follows: (i) Deposits less than $25,000: no later than five (5) business days from the date of the deposit. (ii) Deposits $25,000 or more: no later than nine (9) business days from the date of deposit. (b) Electronic Deposits (i) EFTs and wire transfers initiated at an external bank, to your Discover Bank Account will be available no later than one (1) business day from the date received. (ii) EFTs initiated at Discover Bank, from your external bank account, to your Discover Bank Account are generally available within five (5) business days from the date received. (c) Delayed Availability The availability of funds deposited may be delayed for a longer period of time to ensure funds have cleared the institution on which they were drawn and under circumstances including, but not limited to, the following: The Account has recently been opened. We believe a check you deposit will not be paid. You deposit checks totaling more than $5,000 on any one day. A check that has been returned unpaid is re-deposited. Funds deposited remain uncollected. You have overdrawn your Discover Account repeatedly in the last six (6) months. We experience a communications failure, such as a malfunction of our computer equipment. In the event that a delay becomes necessary, it will usually not extend beyond 11 business days. (16) STOP PAYMENTS ON CHECKS You may stop payment on a check drawn on your Money Market Account by calling us at A stop payment request will be effective if we receive the stop payment request at such time and in such manner that we have a reasonable opportunity to act upon the request. The stop payment request is effective for six (6) months. In order to ensure that your stop payment request is honored, we require you to provide the date, the amount, and/or the number(s) of the item(s), together with the payee name, if available. We will accept a stop payment request from any owner of a Joint Account regardless of who signed the check.

11 Our acceptance of a stop payment request will not constitute a representation that the item has not already been paid or that we have a reasonable opportunity to act upon the order. Further, you may not stop payment on an item after acceptance of the item by us. We will impose a fee for each stop payment request received. If we fail to stop payment on an item for which a timely request is made, our liability is limited to the face amount of the item. See Section 27, Electronic Fund Transfer, for information on stop payment requests for preauthorized transfers. See the Fee Schedule, in Section 36, for the Stop Payment Fee. (17) ACCOUNT TRANSFER OR ASSIGNMENT Your Account is neither transferable nor negotiable. We reserve the right to refuse to allow you to change, add or delete your name or the names of other Accountholders. Assignment of your Account or any portion of the funds on deposit therein, is prohibited and will not be recognized for any reason, including the provision of collateral. You are prohibited from granting a security interest in an Account without our prior written consent. (18) STATEMENTS We will deliver a statement of your Account in accordance with the following schedule. Recent transactions posted to your Account are also available for review in the Account Center. We reserve the right not to send statements on Savings and Money Market Accounts we consider inactive. The term inactive generally applies to Savings and Money Market Accounts that have a $0 balance and/or have had no activity for the most recent 12 month period. (a) Certificate of Deposit and Savings Account We will deliver a quarterly statement unless there is an EFT transaction(s) within the month, at which time we will deliver a monthly statement. See Section 27, entitled Electronic Fund Transfer (EFT), for more information. (b) Individual Retirement Account Certificate of Deposit Statements will be delivered at least annually. (c) Money Market Account We will deliver a monthly statement. Checks will not be returned to you with your monthly statements, however you may view check images online. Physical check copies are available by request. See the Fee Schedule, in Section 36, for the Check Copy Fee. (19) CERTIFICATE OF DEPOSIT RENEWAL OPTIONS When your CD matures, you may make a deposit or withdrawal, or change the length of the term, during the grace period. For your convenience, your CD will automatically renew if no action is taken during the grace period. The grace period consists of the nine (9) days immediately following the maturity date. If you elect not to renew your CD, you will not be paid interest after the maturity date. You will be notified approximately 30 days before your CD matures. (20) RIGHT OF SET-OFF If you should fail to repay money owed to us, we may, as permitted by law, choose to satisfy that obligation for you, without giving you prior notice, by setting-off your obligations against funds from another (non-ira) Account that you have with us. We may exercise this right even if the withdrawal leaves insufficient funds in your Account to pay outstanding checks or other items or results in an early withdrawal fee being assessed against your Account. (21) RESERVED (22) POWER OF ATTORNEY If you wish to designate another person (your Attorney-in-Fact ), other than another owner of your Account, to transact on your Account on your behalf, you must deliver a Power of Attorney (POA) that complies with applicable law and the requirements of this Section 22. Subject to applicable law, Discover Bank may decline to honor a POA for any reason. Discover Bank will honor a POA only if it: Names only one person as the Attorney-in-Fact; Is signed and dated by the Account Owner appointing the Attorney-in-Fact and a notary public; Is general (as opposed to limited to specific acts) and durable (survives your disability or incapacity). If you submit a POA that fails to satisfy any of the mentioned requirements, it will be returned to you with a Discover Bank POA form for you to complete, have notarized and return to us. We may require the Attorney-in-Fact to execute an affidavit form we will provide attesting that the POA is valid, is still in effect and that no other events have transpired that would invalidate the POA. An Attorney-in-Fact is not an owner of the Account and does not have an FDIC-insurable interest in the Account. The Attorney- In-Fact must notify us immediately upon learning of the principal s death. (23) PRIVACY AND DISCLOSURE OF ACCOUNT INFORMATION

12 We will disclose information to third parties about your Account or the transfers you make: (i) where it is necessary for completing transfers, or (ii) in order to verify the existence and condition or your Account for a third party, such as a credit bureau or merchant, or (iii) in order to comply with government agency or court orders, or (iv) if you give us written permission, or (v) as explained in our privacy policy. (24) ACCOUNT CLOSURE We can terminate your Account at any time for any reason including if the balance in your Account is zero. Funds on deposit will be disbursed in a method determined by us and will be made payable to the Accountholder of record. No interest will be paid on deposits received after your Account has been closed. If an Account is closed before interest is credited, you will not receive the accrued interest unless otherwise prohibited by law. Closed Accounts remain subject to the other provisions of this Agreement. We may advise consumer reporting agencies and other third parties of an Account that is closed for misuse, as permitted by law. You can close your Discover Account at any time by notifying us in writing or calling us at We may require you to submit an Account closure request in writing. If you choose to close your Account, the following additional conditions may apply to your Account: (a) Certificate of Deposit Closure of your CD is subject to the restrictions stated in Section 11(a) of this Agreement (CD Withdrawals). If you close your CD prior to maturity, Early Withdrawal Fees may apply. We do not charge an Early Withdrawal Fee for withdrawals following the death of an owner or when an owner is determined to be legally incompetent by a court or other appropriate administrative body, in each case subject to the provider of supporting documentation satisfactory to us. You can request funds via an Official Bank Check; however, a fee may apply. (b) Money Market Account If you sent us a written list of your outstanding checks along with your request to close your Account, we will keep your Account open until those checks have cleared. If no such list is provided to us, and we receive checks drawn on your Money Market Account after such Account is closed, such checks will not be paid. (c) Savings Account If you close your Savings Account, you can request funds via an Official Bank Check; however, a fee may apply. We may require such request be submitted in writing. (25) BUSINESS DAYS Our business days are Monday through Friday, excluding bank holidays. (26) AMENDMENTS AND ACCOUNT CHANGES We may amend this Agreement at any time. We will give you at least 30 days written notice if any amendment adversely affects you. If you are unwilling to accept such amendments, you have the right to close your Account prior to the changes taking effect, subject to any Early Withdrawal Fees. Your continued use of the Account after the effective date of the change constitutes your agreement to any amendment. Notices will be sent to the most recent address shown on our records for your Account. Any notice to one Account owner constitutes notice to all Account owners. It is your responsibility to notify us of any changes in your address or name or if an Account owner dies. (27) ELECTRONIC FUND TRANSFER (EFT) Transfer means any electronic fund transfer transaction that is initiated through an electronic terminal, telephone, facsimile machine, computer or magnetic tape for the purpose of ordering, instructing or authorizing us to debit or credit your Account. (a) Your Rights Regarding EFTs The following details your rights in regards to EFTs. You may contact us at if you have any questions about your rights. Refer to the Error Resolution Section 28 for written notification requirements. i) Stop Payment of Preauthorized Transfers If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here s how: Call us at , or write us at Discover Bank, General Correspondence, PO Box 30416, Salt Lake City, UT 84130, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (A fee applies to each stop payment order you give). See Fee Schedule for the Stop Payment Fee. If these regular payments may vary in amount, the person you are going to pay will tell you, or if the payments are CD interest payments to a third party financial institution we will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

13 If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. (ii) Documentation of Transfers Your EFTs will be documented as follows: Terminal Transfers (i.e., ATMs): You can get a receipt at the time you make any transfer/withdrawal from your Money Market Account using an ATM or point-of-sale terminal. Save this receipt in order to reconcile your Account and/or to report any discrepancies or malfunctions. Preauthorized Credits: Credits: If you have arranged to have direct deposits made to your Money Market or Savings Account at least once every 60 days from the same person or company, you can call us at or visit DiscoverBank.com to verify whether or not the deposit has been made. You will not receive a separate receipt for these transactions. Deposit by Internet or Phone: You will receive a written notice confirming the verbal authorization to process a Deposit by Internet or Phone (see Section 10 for more information). Statements: Refer to the Statement Section 18 for information regarding statement frequency. (iii) Your Liability for Unauthorized Transfers Tell us AT ONCE if you believe that someone is making unauthorized transfers from your Discover Account by calling us at or by writing us at Discover Bank, General Correspondence, PO Box 30416, Salt Lake City, UT Telephoning is the best way to keep your possible losses down; however, we may require a written confirmation from you. You could lose all of the money in your Account. Tell us AT ONCE if you believe your Discover Debit Card or Discover Card Money Market Access PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Discover Money Market check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN, you can lose no more than $50 if someone used your Debit Card or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN, and we can prove we could have stopped someone from using your Debit Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Debit Card or PIN has been lost or stolen, call: or write: Discover Bank, General Correspondence, PO Box 30416, Salt Lake City, UT You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Discover Money Market check without your permission. (iv) Our Liability for Failure to Make Electronic Transfers If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement or with you, we will be liable for losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, there is insufficient money in your Account to make the transfer. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. If the transaction would have violated the terms of any of our agreements with you or with governmental regulations. If the ATM where you are making the transfer does not have enough cash. There may be other exceptions stated in this Agreement. (28) ERROR RESOLUTION In case of errors or questions about your Account, including but not limited to, forgeries, unauthorized signatures, alterations, errors or electronic fund transfer, write us no later than 60 days after we sent the first statement on which the problem

14 appeared. Send your inquiry to Discover Bank, General Correspondence, PO Box 30416, Salt Lake City, UT or call We must hear from you, without exception, no later than 60 days after we sent the first statement on which the problem or error appeared. In order to more effectively serve you: Tell us your name and Account number. Describe the error or the 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. 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 (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have 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 (10) business days, we may not credit your Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. (a) All Other Errors If your complaint or question does not involve an electronic fund transfer, you must tell us in writing. If the alleged error does not involve an electronic funds transfer, we will credit your Account within ten (10) business days for the amount you think is in error, but you will not have use of the money during our investigation. We will adhere to all time frames stipulated above in investigating your inquiry and resolving the error. (29) WAIVERS No delay in our exercise of our rights, powers or remedies will affect your obligations under this Agreement. If we waive any of the provisions of this Agreement, such waiver will only apply on that occasion. (30) LEGAL PROCEEDINGS We may comply with any writ of attachment, adverse claim, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid and we may restrict use of your Account if it is subject to any legal proceedings. We shall be entitled to rely upon the representations, warranties and statements made in such legal processes. You agree to hold harmless and indemnify us for any losses, expenses and costs, including attorneys fees, incurred by us as a result of complying with such legal proceedings. In the event of your death, we will not release funds on deposit until all legal documents we require are delivered to us. We may pay all or any part of the funds in the Joint Account to a court or governmental agency upon receipt of a garnishment, order, tax levy or similar legal process identifying any one or all of the owners of the Joint Account. (31) ABANDONED ACCOUNTS State laws governing dormant accounts may vary from state to state. If we have not had contact from you, there is no activity on your Account and you have not otherwise indicated an interest in the Account for a period of time specified by state law, the laws in most states require us to treat the funds in such Account as abandoned property and deliver the abandoned funds to the applicable state. Typically, state laws would require us to turn over all property presumed to be abandoned to the state of the last known residency of the owner of the Account. (32) SEVERABILITY Any term contained in this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law or regulation, shall not affect the validity or enforceability of the remaining terms. (33) TELEPHONE COMMUNICATIONS (a) Authorization to Record Calls You agree that Discover Bank and its affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you. (b) Authorization to Contact You by Phone To service or manage your Account, to collect any amounts you may owe or to offer products and services that may be of value to you, you authorize us and our affiliates, agents and independent contractors to contact you at any telephone

15 number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications. (c) Authorization to Contact You by Other Means You also agree that Discover Bank and its affiliates, agents and independent contractors may use other medium, as permitted by law and including, but not limited to, mail and , to contact you about your Account or to offer products or services that may be of value to you. (34) LIMITATION OF LIABILITY YOU AGREE THAT WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAD ADVANCE WARNING OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS FEES. (35) ARBITRATION OF DISPUTES (a) Agreement to arbitrate. If a dispute arises between you and us, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. This includes claims and disputes relating to any other Account or agreement you have or had with us. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. (b) CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. (c) Your Right to Go To Small Claims Court. We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate. (d) Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization s procedures. If the organization s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization s procedures, to file a claim or for other information, please contact: AAA at 1633 Broadway, Floor 10, New York, NY 10019, (phone ) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, (phone ). If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute. (e) Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization s or arbitrator s costs, we will pay those costs if you ask us in writing. Any request like this should be sent to Discover Bank, General Correspondence, PO Box 30416, Salt Lake City, UT If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys fees and costs (if actually paid by you). (f) Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must: follow all applicable substantive law, except when contradicted by the FAA; follow applicable statutes of limitations; honor valid claims of privilege; and issue a written decision including the reasons for the award.

16 The arbitrator s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs. The appellate panel may order that the loser of the appeal pay the winner s costs and attorneys fees. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. (g) Other Beneficiaries of this Provision. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates and our and their officers, directors and employees; any third party co-defendant of a claim subject to this arbitration provision; and all Joint Accountholders and Authorized Users of your Account(s). (h) Survival of this Provision. This arbitration provision shall survive: closing of your Account; any legal proceedings to collect money you owe; any bankruptcy by you; and any sale by us of your Account. (i) You May Have the Right to Reject Arbitration. You may reject the Arbitration of Disputes section but only if we receive from you a written notice of rejection within 30 days of your receipt of this Agreement. You must send the notice of rejection to: Discover Bank, PO Box 30416, Salt Lake City, UT Your rejection notice must include your name, address, phone number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. However, if you previously had the chance to reject an arbitration agreement with us but did not, you may not reject it now. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any other Account as to which you and we have agreed to arbitrate disputes. If you once sent us a rejection notice on a different Account, you must send us a new rejection notice or else this arbitration agreement will apply to any disputes with us relating to this Account as well as your other Account. (36) FEE SCHEDULES, MINIMUM REQUIREMENTS AND TRANSACTION LIMITS (a) Certificates of Deposit and IRA CDs Fee Schedule Official Bank Check (per check)... $5 Deposited Item Returned (per item)... $15 Priority Mail... $20 Outgoing Domestic Wire... $20 Outgoing International Wire... $40 Foreign Check Processing Fee...At Cost Early Withdrawal Fees For early withdrawal on Certificates of Deposit: With a term of less than one (1) year, we will deduct three (3) months simple interest on the amount withdrawn. With a term of one (1) year up to and including five (5) years, we will deduct six (6) months simple interest on the amount withdrawn. With a term greater than five (5) years, we will deduct nine (9) months simple interest on the amount withdrawn. In some cases, the Early Withdrawal Fee may reduce the principal in the CD. Minimum Requirements** A minimum deposit of $2,500 is required to open your CD. Transaction Limitations After your CD is opened, you may only make deposits into your CD beginning on the maturity date, through the end of your grace period (as defined in Section 19). Posted interest may be withdrawn from your CD at any time. Interest withdrawals are not available for IRA CD Accountholders younger than age 59½. Withdrawals of all or part of your Issue Amount (as defined in Section 11a) are subject to an early withdrawal fee except when made on or after the maturity date, through the end of your grace period (as defined in Section 19).

17 (b) Savings and Money Market Accounts Fee Schedule Copy of Statement, Check, Deposit Item... $5 Official Bank Check (per check)... $5 Excessive Withdrawal (per item)... $15 Deposited Item Returned (per item)... $15 Priority Mail... $20 Outgoing Domestic Wire... $20 Outgoing International Wire... $40 Foreign Check Processing Fee...At Cost Additional Money Market Fees Check Reorder (initial order free)... $5 Replacement Debit Card... $5 Collection Item... $10 Minimum Balance Fee (Average Daily Balance under $2,500)... $10 per statement cycle Stop Payment (per request)... $15 Insufficient Funds Fee... $35 * Minimum Requirements** A minimum deposit of $500 is required to open your Savings Account. A minimum deposit of $2,500 is required to open your Money Market Account. A minimum balance fee will be imposed each month that the average daily balance in your Money Market Account falls below $2,500. * For residents of West Virginia, the fee is $15. ** Employees of Discover and its affiliates should call for minimum opening deposit information.

18 Questions about your Account? DiscoverBank.com