Discover Account Agreement and Electronic Fund Transfers Disclosure Effective 1/1/2012

Transcription

1 Discover Account Agreement and Electronic Fund Transfers Disclosure Effective 1/1/2012

2 Thank you We appreciate your business and look forward to serving your financial needs. In this Account Agreement and Electronic Fund Transfers Disclosure, you ll find some important information pertaining to your Discover Certificates of Deposit (CD), Individual Retirement Account (IRA) CDs, Money Market, and/or Online Savings Accounts. Discover Bank offers great rates and easy access to your accounts. Plus, your deposits are eligible for federal deposit insurance up to the maximum limits under applicable law. Again, thank you for choosing Discover Bank, Member FDIC. Bank online, 24/7 View your account information 24 hours a day, 7 days a week at DiscoverBank.com it is a convenient, secure way to manage your accounts. Questions? One simple call puts you in touch with a Banking Specialist call , 24 hours a day, 7 days a week.

3 Account Agreement Table of Contents Section Section Number Abandoned Accounts...31 Account Ownership...6 Account Closure...24 Account Renewal Options (CD)...19 Account Transfer or Assignment...17 Arbitration of Disputes...35 Automated Teller Machines (ATM)...12 AutoSavers Plan... 14(c) Backup Withholding... 8(b) Bonus Incentives...21 Business Days...25 Checks...9 Consumer Rights Regarding EFTs (Electronic Fund Transfers)... 27(a) Custodial Accounts... 6(e) Deposits...10 Debit Cards (Money Market)...13 Discover Card ATM Withdrawals...12 Documentation of Transfers... 27(a) Electronic Fund Transfers (EFT)...27 Eligibility...2 Error Resolution...28 Estate Accounts... 6(f) External Transfers... 14(e) FDIC Insurance...4 Fee Schedule and Minimum Requirements...36 Fees...7 Foreign Persons... 8(c) Funds Transfer...14 Funds Availability (Holds)...15 In Trust For (ITF) Accounts... 6(c) Income Tax Reporting...8 Individual Accounts... 6(a) Individual Retirement Accounts... 6(g) Interest...5 Interest Direct Deposit Plan (CD)... 14(d) Internal Transfers... 14(a) Introduction...1 Joint Accounts... 6(b) Legal Proceedings...30 Limitation of Liability...34 Notice of Amendments and Account Changes...26 Payable on Death (POD) Accounts... 6(c) Power of Attorney (POA)...22 Privacy and Disclosure of Account Information...23 Right of Set-off...20 Severability...32 Signature Card...3 State Tax Withholding...8(d), (e) Statements...18 Stop Payments...16 Stopping Payment of Preauthorized Transfers... 27(a) Taxpayer Identification Number (TIN/SSN/EIN)... 8(a) Telephone Communications...33 Trust Accounts... 6(d) Unauthorized Transfers... 27(a) Waivers...29 Wire Transfers... 14(b) Withdrawals...11

4 Discover Account Agreement and Electronic Fund Transfers Disclosure Effective 1/1/12 (1) INTRODUCTION This Agreement governs the terms and conditions of your Discover Certificate of Deposit, Discover Individual Retirement Account Certificate of Deposit, Discover Money Market Account, Discover Premium Savings Account and/or Discover Online Savings Account. As used throughout this Discover Account Agreement ( Agreement ), the following terms have the following meanings: Account means your Discover Certificate of Deposit Account ( 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 Discover Online Savings Account includes Discover Premium Savings Account; we, us and our refer to Discover Bank, a Delaware-chartered bank; you and your refer to each person or entity 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; and Discover Card means the Discover Credit Card or any other credit card issued by us. Unless otherwise expressly specified in this Agreement, references to CD shall be deemed to include your Discover Certificates of Deposit and your Discover IRA Certificates of Deposit. 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. By opening an Account, signing an Account application or signature card, conducting Account transactions such as deposits or withdrawals, or leaving funds on deposit in an Account, you accept and agree to abide by the terms of this Agreement, including the Arbitration of Disputes Provision in Section 35 of this Agreement, which includes a waiver of 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 desire to reject arbitration. 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. If state and federal law are inconsistent, or if state law is preempted by federal law, federal law governs. Please call (TDD ) for further information on any terms included in this Agreement. All checks, withdrawal forms, deposit slips and transfer instructions used in connection with your Accounts must be on forms obtained through, approved by or acceptable to us. For CDs, we do not issue paper certificates of deposit. (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 reserve the right to deny you an Account or close your Account for any lawful reason. (3) SIGNATURE CARD As a condition to opening or maintaining an Account with us, you must provide a W-9 Tax Certification and may be required to execute and return a Signature Card. If you fail to return a Signature Card (to the extent one is provided to you) 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, please contact the FDIC directly at ASKFDIC ( ), (TDD: ) or visit (5) INTEREST Interest on all Accounts is compounded daily and credited monthly. Interest begins to accrue on the Business day you deposit non-cash items. We use the daily-balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the Account each day. (a) Discover CD Account The interest rate and annual percentage yield disclosed to you at account opening are fixed for the term of the certificate of deposit. Interest will not accrue during the grace period (as defined in Section 19) unless the CD is renewed. The receipt or 1

5 confirmation letter you receive after opening a CD is not a certificate or other instrument and is not transferable, except on our records. Interest paid on your CD may be reinvested, transferred into a Discover Money Market or Online 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 option, your interest will be reinvested in your CD. Your interest will also be reinvested if: (i) an Account you have designated to receive interest payments is closed; (ii) interest payments are returned; or (iii) for IRA CDs, if you are younger than 59½. See Section 11 for additional information on withdrawing funds from your CD. (b) Discover Money Market and Online Savings Account At our discretion we may change the interest rate and annual percentage yield on your Account at any time. Your Account will earn interest at rates established by us on a daily basis. 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 Accounts 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. Account owners must be at least 18 years of age. (b) Joint Accounts 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, including but not limited to the appointment of agents, 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, including for all fees and service charges incurred by any owner 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 make 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. We also 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. 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) Payable on Death (POD)/In Trust For (ITF) Accounts 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 and for which one or more beneficiary(ies) is named to whom Account funds will be transferred upon our receipt of a notice that the owner(s) is deceased. The name of each beneficiary 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 owners of a POD or ITF Account may make deposits to and withdrawals or transfers 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 held in the Account only if the beneficiary is living at the time all of the owners have died. Upon the death of the owner(s), the funds in the Account will be distributed evenly to each living beneficiary (or to his or her representatives as applicable) without right of survivorship. If no beneficiary is living at the time of death of the owners, the trust will terminate and title to the Account will vest in the estate(s) of the owner(s) as an Individual Account or Joint Account with right of survivorship. 2

6 (d) Trust Accounts A 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. Please note that the Discover Online Savings Account is not eligible for this ownership type. (e) Custodial Accounts A Custodial Account is established and maintained under the Delaware Uniform Transfers to Minors Act. Funds deposited into a Custodial Account are irrevocably granted to a person who is a minor on the date of the gift, (the Ward ). The person named as Custodian of the Custodial Account agrees to hold any funds deposited into the Custodial Account as Custodian until the Ward reaches the age of majority as defined in the Delaware Uniform Transfers to Minors Act ( Majority Age ). Custodians must be at least 18 years of age. Each Custodial Account may designate only one Custodian on behalf of one minor. The Ward will not have authority to withdraw funds from the Account until the Ward reaches the Majority Age. We will close the Account and transfer funds to the Ward when we receive appropriate documentation showing that the Ward has reached the Majority Age. We have no duty to monitor Custodial Accounts or the status of the Custodian or Ward, nor do we have any duty to monitor or ensure that the Custodian is acting in the Ward s best interest. Funds in a Custodial Account are indefeasibly vested in the Ward and are not subject to attachment, garnishment, levy or execution in the name of the Custodian. (f) Estate Accounts An Estate Account is an Account opened in the name of a decedent s estate by the estate s executor or executrix. If the executor or executrix of the estate requests that the Estate Account be closed, the funds will be remitted to the executor or executrix in the name of the estate. Please note that the Discover Online Savings is not eligible for this ownership type. (g) Individual Retirement Accounts We offer traditional and Roth individual retirement account CDs. The interest rate and annual percentage yield are fixed for the term of the certificate of deposit. 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 at or prior to funding. (7) FEES You agree to pay our standard fees and charges for your Account and our 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, for notification requirements of such changes. (8) INCOME TAX REPORTING (a) Taxpayer Identification Number Subject to Section 8(c), we will use the taxpayer identification number (TIN) described below for income tax reporting purposes: Individual Account (including Payable on Death Accounts and Individual Retirement Accounts): The social security number provided by the primary Accountholder. Joint Account (including Payable on Death Accounts): The social security number of the designated primary Accountholder. Custodial Account: The social security number of the minor. Trust Account: Trust Account: The taxpayer identification number for the trust, i.e., the EIN (Employer Identification Number) of the trust, or, if none, the Social Security Number of the grantor. (b) Backup Withholding 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 or do not properly certify that you are not subject to backup withholding. You are subject to backup withholding if: You do not furnish and certify your TIN to us; or The IRS notifies us that you furnished an incorrect TIN; or You are notified by the IRS that you are subject to backup withholding because you failed to report all your interest and dividends on your tax return. (c) Foreign Persons We do not accept foreign tax status (i.e. W-8 filing status). W-9 filing status is required to open and maintain deposit accounts with Discover Bank. If, at any time, you request to change to a foreign tax status, we will close your account and return your funds. 3

7 (d) State Tax Withholding on Discover CD, Money Market and Online Savings Accounts Your state of residence will determine your state income tax withholding requirements, if any. Those states with mandatory withholding will require state income tax to be withheld from payments if federal taxes are withheld. Voluntary states let individuals determine whether they want state 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. (e) State Tax Withholding on Discover IRA CDs Your state of residence will determine your state income tax withholding requirements, if any. Those states with mandatory withholding will require state income tax to be withheld from payments if federal taxes are withheld. Voluntary states let individuals determine whether they want state taxes withheld. Some states have no income tax on retirement payments. 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 legal 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, see IRS Publication 590. For additional information and details that are specific to you concerning state tax withholding requirements, you may wish to consult with a tax advisor or your state s tax authority. (9) CHECKS (a) 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 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 Transfers Act, and is subject to the Electronic Fund Transfers Disclosure found in Section 27 of this Account Agreement. (b) Money Market Checks All checks, withdrawal forms, deposit slips and transfer instructions used in connection with your Account must be on forms obtained through, approved by 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. All checks used in connection with your Account must be on forms obtained through, approved by or acceptable to us. See the Fee Schedule, in Section 36, for the Check Reorder Fee. We reserve the right to pay any check before the date you have written on it (a post dated check) or if it is more than six (6) months old (a stale check). If you do not want us to pay a post dated or stale check, you must provide us with a stop payment order. (c) 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. (d) Preauthorized Checks You may allow a third party to create a check drawn against your Discover 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. (10) DEPOSITS We reserve the right to, at our discretion, 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 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. Any non-cash items deposited to your Account (including items drawn on us ) will be given provisional credit only until final collection of the item. If you deposit a check that is returned to us unpaid, we will deduct the amount of the returned check 4

8 from your Account balance, or if checks that you deposit to your Account are returned for insufficient or uncollected funds, we may represent those checks for payment a second time without notice to you. At our option, the check may be represented electronically by us. 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). All deposit slips and transfer instructions used in connection with your Account must be on forms obtained through, approved by or acceptable to us. (a) Deposit by Phone Deposits can be initiated via phone to your Discover Money Market and Online Savings Account, or to your Discover CD at opening or during the grace period (as defined in Section 19). In order to process a Deposit by Phone transaction, you will be required to provide the routing or transit number, Account number, Account owners names and bank name from which the funds willbe debited. The requirements for Deposit by Phone transfer requests are as follows: Request cannot be postdated. Requests must be at least $100 and no more than $999,999. Owners of the Discover Account must be the same owners of the bank account from which funds are being transferred. For security reasons there may be limits on the dollar amount you may deposit via phone. (b) Deposit by Internet Deposit transfers can be initiated via Internet to your Discover Money Market and Online Savings Account, or to your Discover CD at opening or during the grace period (as defined in Section 19). In order to process a Deposit by Internet transaction, you will be required to provide the routing and transit number, Account number, Account owners names, and bank name from which the funds will be debited. Owners of the Discover Account must be the same owners of the bank account from which funds are being transferred. For security reasons there may be limits on the dollar amount you may deposit via Internet. Deposit by Internet transfer requests are subject to the External Funds Transfer Service Agreement provided during Account Center registration. (c) Foreign Check Deposits We reserve the right to refuse items payable in foreign currency or drawn on a foreign bank located outside the United States. 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 amounts in respect of any foreign item to your Account until the first business day after we receive final credit for such funds from the paying bank. In addition, if we decide to provisionally credit your Account in respect of any amount of a foreign item, we may reverse such provisional credit at any time until we receive final funds 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. When the items 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 Deposit Processing Fee. (11) WITHDRAWALS (a) Discover CD Account 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 Discover CD Account Renewal Options Section 19 for further information on your options at maturity. (b) Discover Money Market and Online Savings Accounts Withdrawals Federal regulations applicable to savings accounts provide that we must retain the right to require at least seven (7) days notice prior to any withdrawal. 5

9 The following transactions are allowed in unlimited numbers (to the extent these services are available on your Account): Withdrawals via ATM, mail or in person. Transfers between your Discover Accounts by mail, ATM or in person only; and Withdrawals by telephone via official bank check mailed to you. The following transactions are (to the extent that these services are available to your account) limited to six (6) per monthly statement cycle: Transfers and withdrawals payable to you, to a third party or to another Discover Account or loan owned by you by means of a preauthorized or automatic transfer or telephonic agreement, order or instruction; Withdrawals by: Debit Card, Money Market checks payable to you or to third parties, and Official Bank Checks made payable to third parties. If during any statement cycle you exceed these access restrictions, we may impose a fee for each transaction in excess of the restrictions. Please see the Fee Schedule, in Section 36, for the Excessive Withdrawal Fee. If you exceed these access restrictions on more than an occasional basis, we reserve the right to close your Discover Money Market or Online Savings Account or change the Account to another deposit account that has fewer or no transaction restrictions. We may also refuse to pay any check or honor any withdrawal request for each withdrawal that exceeds your monthly restriction. A minimum balance fee will be imposed each month that the average daily balance in your Money Market Account falls below $2,500. See the Fee Schedule, in Section 36, for the Minimum Balance Fee. We reserve the right to decline any withdrawal if we suspect fraud or possible illegal activity affecting your account. (c) Insufficient Funds You should make sure that you have sufficient funds in your Account to cover all withdrawals and transfers you initiated from your Account and all other amounts due and owing against your Account. 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 or honor due to insufficient funds in your Account. See the Fee Schedule, in Section 36, for the Insufficient Funds Fee. We may pay debits drawn on your Account in any order, including by paying larger dollar amounts before smaller dollar amounts. Accordingly, if there are insufficient funds in your Account to cover all debits on your Account and we pay larger dollar debits first, you may be subject to a greater number of insufficient funds fees than if we paid multiple smaller items before the larger items. (12) DISCOVER CARD ATM WITHDRAWALS You can establish a PIN in order to use your Discover Card to withdraw cash from your Discover Money Market Account at ATMs displaying the Discover or PULSE symbol. To enroll, please complete the ATM Withdrawal Authorization Agreement available online via the Account Center at DiscoverBank.com. Your use of your Discover Card to make Money Market ATM withdrawals is subject to the following limitations: Your Discover Card account must be open and in good standing. If you have more than one Money Market Account, you can use your Discover Card to access only one Money Market Account. The daily ATM withdrawal limit is $510 or your available balance, whichever is less. For security reasons there may be limits on the number of transfers you can make using your Discover Card. In order to withdraw from your Money Market at an ATM using your Discover Card, you will need to enter the established PIN and select Withdraw from Checking. 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. We reserve the right to decline any withdrawal if we suspect fraud or possible illegal activity affecting your account. (13) DEBIT CARDS (a) Debit Card Transactions Subject to transaction limitations set forth in Section 11 and Section 13(b), you may use your Discover Debit Card to: (i) Withdraw cash from your Discover Money Market Account at any ATMs displaying the PULSE, Discover, or MoneyPass symbols. (ii) Obtain your Money Market Account balance or transfer funds between your Money Market Accounts. (iii) Pay for purchases and get cash back at participating merchant locations that display the Discover symbol. 6

10 (iv) Pay bills directly by telephone or online from your Money Market Account in the amounts and on the days you request. For security reasons there may be limits on the dollar amount you can withdraw using your Discover Debit Card. 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 Discover 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. 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 Discover 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. (14) FUND TRANSFERS (a) Internal Transfers from Another Discover Bank Account Discover Bank allows Accountholders to transfer funds between their deposit Accounts (excluding CDs), or transfer funds from their Online 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 reserves the right to 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 within hours, weekends and holidays excluded. (b) Wire Transfers (i) Wire Requests. Wire transfers from your Account to another financial institution may be made upon written request at any time. All written requests must include the Accountholder s physical street address. No PO Box addresses will be accepted. We require the name and address of the originator, the name of the Deposit Accountholder and the Account number with the bank name, address and routing number to process your wire transfer. Failure to provide this information may result in a return of the wired funds without interest. (ii) Recurring Wires. Upon receipt of an original executed Wire Transfer Agreement you will be allowed to make wire transfer requests by phone. Funds will only be transferred to the account designated on the Wire Transfer Agreement Form. See the Wire Transfer Agreement Form available online via the Account Center at DiscoverBank.com for more information. (iii) 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. (iv) 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 Discover Money Market or Online Savings Account from another designated bank account. To enroll in AutoSavers, sign up online via the Account Center at DiscoverBank.com. (d) CD Interest Direct Deposit Plan For eligible CDs, you can have your monthly interest payments automatically transferred to your Discover Money Market or Online Savings Account or to another bank account that you designate. To enroll in the CD Interest Direct Deposit Plan, sign up online via the Account Center at DiscoverBank.com. 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. Separate registration is required. Additional terms and conditions apply, which will be provided to you at time of 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: Deposits up to $25,000: no later than five (5) business days from the date of the deposit. Deposits $25,000 or more: no later than ten business days from the date of deposit. 7

11 (b) Electronic Deposits Deposits initiated by phone that are processed electronically via Automatic Clearinghouse (ACH) will be available no later than ten (10) business days following the business day the deposit is received from the originating bank. For the hold period that applies to deposits initiated online that are processed electronically via ACH, please see the External Funds Transfer Agreement provided during the online Account Center registration. (c) Foreign Check Deposits If we accept a foreign item, we may accept it for collection only and you may not receive credit until the first business day after we receive final credit for such funds from the paying bank. See Section 10(c) for additional information regarding foreigncheck deposits. (d) 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: 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 redeposited. 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 You may stop payment on a check drawn on your Money Market Account by calling us at A stop payment request for a check will be effective if we receive the stop payment order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. The stop payment order 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 order from any owner of a Joint Account regardless of who signed the check. Our acceptance of a stop payment order 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. Please see Section 27 for information regarding 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 to the last address you provided to us, a written statement of your Account in accordance with the following schedule. Recent transactions posted to your Account are also available for your review via the online Account Center at DiscoverBank.com and our automated telephone service at (a) Discover CD Account If you request interest to be automatically transferred to another account, statements will be delivered on a monthly basis; otherwise statements will be delivered annually. (b) Discover Money Market Account We will deliver a monthly statement of your Discover Money Market Account. We reserve the right not to send statements on accounts we consider inactive. Money Market checks will not be returned to you with your monthly statements, however you may request check copies for a fee. See the Fee Schedule, in Section 36, for more information. (c) Discover Online Savings Account We will deliver a monthly statement of your Discover Online Savings Account unless there are no EFTs in a particular month. In any case you will receive a statement of your Discover Online Savings Account at least quarterly. We reserve the right not to send statements on accounts we consider inactive. 8

12 (19) DISCOVER CD ACCOUNT RENEWAL OPTIONS For your convenience, your CD is an automatically renewing Account. You will be notified approximately thirty days before your CD matures. When your Account matures, you will have the opportunity to add additional money, withdraw money, transfer money to a Discover Money Market or Online Savings Account or change the term of your CD. If you have any questions or would like to instruct us on the disposition of funds at maturity, simply call us at To avoid an early withdrawal fee, changes to your Account, including non-renewal, must be made within nine (9) calendar days after your maturity date ( grace period ). If you elect not to renew your Account, you will not be paid interest after the maturity date. (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) BONUS INCENTIVES From time to time, we may choose to offer special bonus incentives to new or current customers. Such incentives are subject to limitations that we establish. (22) POWER OF ATTORNEY If you wish to designate another person, other than another owner of your Account, to transact through your Account, you must deliver a completed Power of Attorney (POA) that complies with applicable law and the requirements of this Section 22 pursuant to which you (the Principal) appoint another person to act as your agent (Attorney-in-Fact). Discover Bank may decline to honor a POA for any reason. Discover Bank will honor a POA only if it: Names only one individual as the Attorney-in-Fact; Is signed and dated by both the Principal, a notary public and if the Account is a Joint Account, each owner of the Account; Is general (as opposed to limited to specific acts) and durable (survive the Principal s 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. The Principal or a court-appointed guardian, acting on the Principal s behalf, can revoke the POA at any time by providing a written notice of revocation. Unless specifically provided for in the POA, an Attorney-in-Fact cannot create, modify, fund or revoke any trust. Unless specifically provided for in the POA, an Attorney-in-Fact cannot create or fund a Custodial Account in the name of the Principal. An Attorney-in-Fact does not have the power to act in the Principal s capacity as Custodian of a Custodial Account. An Attorney-in-Fact cannot designate a successor Attorney-In-Fact. An Attorney-in-Fact is not an owner of the Account and does not have an FDIC-insurable interest in the Account. The authority of an Attorney-In-Fact ceases immediately upon the Principal s death. The Attorney-In-Fact must notify us immediately upon learning of the Principal s death. (23) PRIVACY AND DISCLOSURE OF ACCOUNT INFORMATION 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. An Account with a zero balance may be automatically 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 a verbal Account closure request in writing. If you choose to close your Account, the following additional conditions apply to the closing of your Account, as applicable: (a) Discover CD Account Closure Closure of your Discover CD is subject to the restrictions stated in Section 11(a) of this Agreement entitled Discover CD 9

13 Account Withdrawals. If you close your CD prior to maturity, early withdrawal fees may also 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. See the Fee Schedule, in Section 36, for more information. (b) Discover Money Market Account Closure 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 Discover Money Market Account after such Account is closed, such checks will not be paid. A fee will be assessed if your Money Market Account is closed within 90 days of opening. See the Fee Schedule, in Section 36, for the Account Closure Fee. (c) Online Savings Account Closure If you close your Discover Online Savings Account, you can request funds via Official Bank Check. We may require such request be submitted in writing. A fee will be assessed if your Online Savings Account is closed within 90 days of opening. See the Fee Schedule, in Section 36, for the Account Closure Fee. (25) BUSINESS DAYS Our business days are Monday through Friday, excluding bank holidays. (26) NOTICE OF 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 TRANSFERS (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) Stopping 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, 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.) 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 Discover 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: If you have arranged to have direct deposits made to your Discover Money Market or Online Savings Account at least once every 60 days from the same person or company, you can call us toll free at or visit DiscoverBank.com to find out whether or not the deposit has been made. You will not receive a separate receipt for these transactions. Deposit by Phone or Internet: You will receive a written notice confirming the verbal authorization to process a Deposit by Phone or Internet transaction (see Section 10 for more information.) Statements: Refer to the Statement Section 18 for information regarding statement frequency. 10

14 (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 Automated Teller Machine 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 Transfers, please write us no later than 60 days after we sent the first statement on which the problem appeared. Please 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 10 business days. We will determine whether an error occurred within 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 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 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. 11

15 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 fund transfer, we will credit your Account within ten 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. (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 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 12

16 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 an 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. 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. 13

17 (36) FEE SCHEDULES, MINIMUM REQUIREMENTS AND TRANSACTION LIMITS (a) Certificates of Deposit and IRA CDs Fee Schedule Copy of Statement, Check, Deposit Item...$5 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 (CDs) Accounts: 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 Account. Minimum Requirements** A minimum deposit of $2,500 is required to open your CD Account. Transaction Limitations After your CD Account is opened, you may only make deposits into your CD Account 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 Account 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). (b) Online Savings and Money Market Accounts Fee Schedule Official Bank Check (per check)...$5 Copy of Statement, Check, Deposit Item...$5 Deposited Item Returned (per item)...$15 Excessive Withdrawal (per item)...$15 Priority Mail...$20 Account Closure (within 90 days of opening)...$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 Discover Online Savings Account. A minimum deposit of $2,500 is required to open your Discover Money Market Account. A minimum balance fee will be imposed each month that the average daily balance in your Discover 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. 14

18 Questions about your account? DiscoverBank.com 2012 Discover Bank, Member FDIC DBACCTAGRMT.0112