Stockpile Tuition Rewards® Visa® Debit Card Deposit Agreement

WELCOME!

This Stockpile Tuition Rewards® Debit Account Deposit Agreement (this“Agreement”) explains the fees, policies, terms, and conditions that govern your Stockpile Tuition Rewards® Debit Account (the “Family Account”), a FDIC-insured, non-interest-bearing primary deposit account (“primary deposit account”) which, unless otherwise noted in this Agreement, includes up to one interest-bearing subaccounts where money can be set aside for certain purposes (the “Savings Vault”). You must have a Stockpile Membership Deposit Account (the “Account”) in good standing and a current membership to the applicable Stockpile membership plan before you are eligible to apply for a Family Account and the associated Stockpile Tuition Rewards Visa® Debit Card (“Card”) through the applicable Stockpile membership plan. You are the sole owner of the Account and any Family Account, but with respect to the Family Account, you must designate an eligible member of your family (“Authorized User”) as the authorized user on the associated Card. Each Family Account will be associated with the Account. Closure of the Account will also result in closure of all associated Family Account(s) and Card(s). You are responsible for all transactions on the Account and Family Account(s) (including the Card(s)). A Card will be issued solely to the Authorized User with respect to the Family Account; no physical or digital card will be issued to you with respect to the Account or the Family Account. This Agreement includes all appendices attached hereto, such as the Online and Mobile Services Agreement attached as Appendix A, and any other terms and conditions incorporated by reference.

In this Agreement, “you” and “your” refer to the owner of the Family Account(s), and “Bank,” “we,” “us,” and “our”refer to Green Dot Bank, Member FDIC, the issuer of your Card and the bank that holds the money in your Family Account(s). Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank, and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage with the Federal Deposit Insurance Corporation (“FDIC”). Only the Account and Family Account(s) are provided by Green Dot Bank and are distinct from any other account or service provided by or through Stockpile Inc. and/or its divisions, affiliates, subsidiaries or service providers, including, without limitation, Stockpile Investments, Inc., Stockpile Investment Advisors, Inc., and Stockpile Crypto, LLC (collectively “Stockpile”). Only the balance in your Account and Family Account(s) with Green Dot Bank are eligible to be insured up to the regulatory limits by the FDIC, as further described in Section 10.i. Any assets, whether cash, securities, cryptocurrency, gift cards, or otherwise, in account(s) and/or through service(s) provided by or through Stockpile, including the Stockpile Invest Account, are not deposits or other obligation of, and not guaranteed by, Green Dot Bank or any Green Dot Bank affiliate, and Green Dot Bank and its affiliates have no responsibility for such asset(s), service(s), or account(s). Please refer to the applicable document(s) governing such asset(s), service(s), or account(s).

References in this Agreement to “Stockpile Invest Account” means your brokerage, investment advisory, retirement and/or custodial account advised by Stockpile and held at a qualified custodian (not Green Dot Bank or its affiliates). Any securities in your Stockpile Invest Account(s) are not FDIC insured and may lose value. Cash in your Stockpile Invest Account(s) (i) are not FDIC insured, (ii) are not deposits or other obligation of, Green Dot Bank or any Green Dot affiliate, and (iii) are not guaranteed by, Green Dot Bank or any Green Dot Bank affiliate. Green Dot Bank and its affiliates have no responsibility for such funds or any claims or representations made in connection therewith.

Certain features supported by or settled through the Family Account may be provided by Stockpile or other third parties. Except as otherwise expressly provided in this Agreement, we do not control, and are not responsible or liable to you for, such features or associated fees or any other third-party products, services, or applications (collectively, “Third-Party Services”) or any providers of Third-Party Services. Separate terms and conditions may apply to Third-Party Services. You should read those terms and conditions carefully before accessing or using any Third-Party Services. You should address all disputes related to Third-Party Services with the applicable third party that provides the Third-Party Services. Examples of these Third-Party Services include, without limitation: the Stockpile platform, the Stockpile membership plans, the Stockpile Invest Account, and the Tuition Rewards® program, as well as other products and services you may receive from Stockpile or other third parties.Without limiting the foregoing, Tuition Rewards® is a registered trademark of SAGE Scholars, Inc., and the Tuition Rewards® program is provided by SAGE CTB, LLC or its affiliates through a partnership with Stockpile as part of the applicable Stockpile membership plan only; the Tuition Rewards® program is NOT a feature of Stockpile Membership Checking Account, Stockpile Tuition Rewards® Debit Account or Stockpile Tuition Rewards® Visa Debit Card and no points are earned through any activity or transaction with respect to any such account or card, and Green Dot Bank and its affiliates have no responsibility for such tuition rewards benefits or any claims or representations made in connection therewith.

In the event your Stockpile membership is cancelled for any reason, your Account and all Family Accounts will be closed in accordance with Section 10.t.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR AT THE END OF THIS AGREEMENT.

1. Getting Started

A. General.

The Family Account is a deposit account. Money in the primary deposit account of your Family Account will not earn interest.  Money in the Savings Vault in your Family Account will earn interest as described herein. To open and use a Family Account, you must be (i) 18 years of age or older, and (ii) a United States citizen or lawful permanent resident, and (iii) have a physical address in one of the 50 states of the United States or the District of Columbia (collectively, the “U.S.”). To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. As such, when you apply for a Family Account, we will ask for your name, address, date of birth, social security number, mobile phone number (or, in our discretion, another type of phone number), and other information that will allow us to identify you.  For the Authorized User, we may also ask for their name, date of birth, social security number, and other information that will allow us to identify them.  We may also use other methods of data collection, like device ID and geolocation data generated from your devices, and other sources of data to verify the personal information provided to us, including, but not limited to, the collection and validation of your state-issued ID or other printed documentation and data related to your mobile phone, computer, and/or other devices. In addition, before certain features of your Family Account may be used, we may require you to undergo further identity or verification, including, but not limited to, verifying your email address or mobile phone number, or uploading an image of your state-issued ID for verification. We reserve the right to not open a Family Account for anyone in our sole discretion. We may also limit the number of Family Accounts that you have in our sole discretion.

B.

If eligible, you may request to open up to a maximum number of five (5) Family Accounts which will be associated with your Account. Only you may open or close the Account and/or any Family Account and you are liable for all transactions, fees, obligations, uses, and liabilities of or related to the Account and any Family Account, including Card usage. This includes any transactions made by you, an Authorized User, or any person you or an Authorized User permits to access the Account, Family Account, Card or your or the Authorized User’s credentials, as applicable. By establishing a Family Account, you consent to share and make information about a Family Account available to the applicable Authorized User.

You are also liable for the Authorized User’s actions related to their Family Accounts and for their compliance with this Agreement. Any action of an Authorized User with respect to their Family Account will be attributed to you and the Family Account and/or the Account, to the extent permitted by applicable law. In addition, to the extent permitted by applicable law, we may recover any amounts owed to us under this Agreement from your Account or a Family Account, even if such amount relates to your Account or another Family Account, as applicable.

C.

Each Family Account may only have one Authorized User. You must notify us to revoke permission for any Authorized User you previously authorized to use a Family Account or Card. If you notify us to revoke an Authorized User’s use of a Family Account or Card, we will revoke that Card and close that Family Account. You remain liable for any and all usage of any Family Account or Card you or the Authorized User authorizes before the effectiveness of such revocation or closure.

You are the only individual that can communicate with us about the Account or Family Account. Neither the Authorized User nor any other individuals will be able to do so.

You are the only individual that can dispute transactions or allege that an error has occurred in connection with an Account or any Family Account you establish. Neither an Authorized User nor any other individuals will be able to do so.

D.

You will not be issued a Card for the Account or the Family Account. When you open a Family Account, you are authorizing us to automatically issue a Card to the Authorized User which will allow the Authorized User to access the funds available in the primary deposit account of the Family Account and any Savings Vault. If eligible, a Card may be a physical Card and/or a virtual/digital Card. Certain features or services may only be accessed with a Card (physical or digital) and certain features or services may only be accessed with an activated physical personalized Card. Except as otherwise stated in this Agreement, you have the same rights and responsibilities under this Agreement regardless of whether the form of the Card is physical or virtual/digital.

2. Fees

Our fee schedule below describes the fees we charge associated with your Family Account, Card, and certain related services. We may offer additional products, services, and features from time to time, and the fees we charge for those offerings will be disclosed to you at the time they are offered.  In addition to our fees listed below, third parties may charge their own fees. For exemplary purposes only and without limiting the foregoing, when using an ATM, a fee may be charged by the ATM operator. Except as expressly noted below, our fees listed in the schedule below will be deducted from the primary deposit account balance in your Family Account when they are assessed. If the primary deposit account balance of the Family Account is less than the fee amount or the primary deposit account balance of the Family Account is negative, the assessment of the fee will result in a negative balance in the primary deposit account of the Family Account, or increase the negative balance in the primary deposit account of the Family Account.  If that occurs, any subsequent deposits or credits to the primary deposit account of the Family Account will first be applied to the negative balance. For more information about negative balances, see Section 9.c. titled “Negative Balances”.  

Certain features and functionality may only be accessed with a Card, with an activated physical personalized Card, or only via the Stockpile mobile app (“Mobile App”). In the event that the primary deposit account balance of the Family Account does not contain sufficient funds to cover the fees associated to a product or service offering, such product or service offering will be declined.

3. Deposits & Limits

A. General.

You may make deposits to the primary deposit account of the Family Account by transferring money from your Stockpile Invest Account, signing up for direct deposit or, with respect to the Family Account by depositing cash by swiping the Card at a participating retailer, subject to applicable fees, limits, and conditions.  We may offer you additional ways to deposit money from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you. More information regarding how to deposit money to the primary deposit account of the Family Account can be found  via the Mobile App.

B. Limits on Deposits.

We may refuse to accept a deposit to the primary deposit account of the Family Account, limit a deposit’s size, or return all or part of a deposit to you or the sender. Except as otherwise permitted by us, no other person may deposit money to the primary deposit account of the Family Account on your behalf, and we reserve the right to reject any such deposit. We will not accept checks or cash mailed to us for deposit, cash deposits at ATMs, or inbound wire transfers. If you deposit cash at a participating retailer, please be aware that retailers have their own minimum and maximum deposit limits.

C. Direct Deposits.

ou may arrange to have funds transferred directly to the primary deposit account of the Family Account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to such account at least once every 60 days from the same person or company, you can call us at (888) 675-2973, or use the Mobile App to find out whether or not the deposit has been made. Funds from direct deposits will generally be available on the day we receive the transfer. In case of transmission error or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, funds will generally be available within five business days after we receive the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel your direct deposit authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice.

4. Funds Availability.

For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays, and legal banking holidays in the State of Utah.

A. Cash Deposits.

Cash deposits made through participating retailers are generally made available within 60 minutes from the time the transaction is reported to our technology systems by the retailer. Fees of up to $4.95 may be collected by retailers when depositing cash to your primary deposit account at their locations. This fee is charged by the retailer and is subject to change. This fee is not deducted from your Family Account and will not be reflected in any periodic statement. This fee can be lower depending on how and where you deposit cash.

B. Direct Deposits.

Electronic direct deposits will be available on the day we receive the deposit. Please keep in mind, however, that after we make funds available to you, and you have spent, transferred, or withdrawn the funds, you are still responsible for any problems involving your deposit. If a deposit is made on a business day, we will consider that day to be the day of your deposit. However, if a deposit is made on a non-business day or on a day we are not open, we will consider that the deposit was made on the next business day.

C. Transfers from your Stockpile Invest Account.

Our general policy is to make funds that you transfer from your Stockpile Invest Account available to you immediately, but this may take up to three (3) business days.

D. Special Rules for New Accounts.

During the first 30 days your Family Account is open, funds from deposits of cash will be available on or before the first business day after the day of your deposit if the deposit meets certain conditions. We may also impose different funds availability limits for other forms of deposits during the first 30 days your Family Account is open.

E. Other Types of Deposits.

Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.

5. About Your Card and Account

A. General.

The Card is linked to the primary deposit account of the Family Account, and not any Savings Vault. A personal identification number (“PIN”) may be set for the Card. You agree that you and the Authorized User will not disclose the PIN to others and will safeguard its confidentiality. Except as otherwise provided, and subject to the limits specified in this Agreement, the Card may be used to purchase goods and services anywhere Visa debit cards (as applicable) are accepted and to access cash at ATMs and from tellers of financial institutions displaying the Visa name and/or logo, as applicable. Please note that if the Card is used to get Family Account balance information from an ATM, the balance may not reflect recent transactions and may include funds that are not available for immediate withdrawal; see Section 9 titled “We Use The Available Balance Method” for more information.

B. Charges to Your Card and Receipts.

Each time the Card is used to purchase goods or services, you authorize us to charge the amount against the money in the Family Account. You should get a receipt at the time you make a transaction or obtain cash using your Card.

C. Limits on the Use of Your Card and Family Account.

We reserve the right, in our sole discretion, to limit the amount, number, and type of transactions using the Family Account and/or Card. We may, in our sole discretion, further limit use of the Card at ATMs, and, in addition to our limits, an ATM owner or operator may impose additional withdrawal limits. We may refuse to process any transaction that we believe may violate the law or the terms of this Agreement. You agree that you and the Authorized User will: (i) not use the Card or Family Account at unlawful domestic or international gambling websites, at payment processors supporting unlawful gambling websites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access the Family Account; and (iv) use the Card only as permitted by us. We may refuse to issue a Card, revoke or suspend the Card or Family Account privileges, or cancel the Card or Family Account with or without cause or notice, other than as required by applicable law. You agree you and Authorized User will not use and will not allow others to use an expired, revoked, canceled, suspended, or otherwise invalid Card. You cannot sell or transfer the Family Account to anyone else, and it can only be used by you or someone you authorize. If you authorize anyone else to use the Card or Family Account, you are responsible for all transactions made by that person, even if they exceed the authorization granted. You are also responsible for all transactions made by the Authorized User with respect to the Card and Family Account, even if they exceed the authorization granted. The Card can only be used for cash withdrawals at ATMs and for teller cash withdrawals in the U.S. and its territories, Canada, and Mexico. We may, in our sole discretion, allow the use of the Card for cash withdrawals in other countries. Notwithstanding the foregoing, we reserve the right to limit or block the use of the Card in foreign countries due to fraud or security concerns or to comply with applicable law.

D. Money in Your Account May Be Held Until a Transaction is Completed.

When the Card or the primary deposit account of the Family Account, as applicable, is used to pay for goods or services, certain merchants may ask us to authorize or “hold” the transaction in advance and may estimate the final purchase amount. In addition, when the Card is used for an ATM withdrawal or a teller cash withdrawal, we generally authorize the transaction in advance (including all applicable fees). When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on the funds in the primary deposit account of the Family Account for the amount indicated by the merchant, and this transaction will show as “pending” in the transaction history. We also may add an amount for transactions with certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions with certain merchants that authorize high dollar amounts, such as rental car companies and hotels, and certain cash and international transactions may cause a hold on money in the primary deposit account of the Family Account for up to 90 days. You will not be able to use the money in the primary deposit account of the Family Account that is on hold until the transaction finally settles or the hold is otherwise released. For more information about how we determine the amount of money in your Family Account available for use and withdrawal, see Section 9 titled “We Use The Available Balance Method”. If a pending transaction is not presented to us for payment within our established time period after being authorized (typically, three business days, but may be up to 90 days for certain types of transactions, as described above), we will release the hold. Note that if a transaction is presented to us for payment from the primary deposit account of the Family Account after we have released the hold, we must honor the transaction, which may result in a negative balance in your primary deposit account. For more information about negative balances, see Section 9.c. titled “Negative Balances”. When a transaction finally settles, we will charge your primary deposit account for the amount of the final transaction, including any applicable fees, and then will release the hold on any remaining amount on money, as applicable.

E. Foreign Transactions.

If you conduct a transaction in a currency other than U.S. dollars, the merchant, network, or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then-current policies. Visa currently uses a conversion rate that is either: (i) selected from a range of rates available in wholesale currency markets on or one day prior to its central or transaction processing date (which rate may vary from the rate Visa itself receives) or (ii) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of the transaction and the date it is posted to the primary deposit account of the Family Account.

In addition, you will be charged a Foreign Transaction Fee set forth in Section 2 titled “Fees” in addition to any other fees, including, but not limited to, the teller cash withdrawal and ATM withdrawal fee. Our Foreign Transaction Fee is charged if you conduct a transaction (in U.S. or foreign currency) with a foreign merchant or bank (including foreign website) or if you conduct a transaction in a currency other than U.S. dollars.

We monitor the Family Account for signs of potential fraud, which could include the use of the Card in a manner that is out of the ordinary. It is possible that Foreign Transactions may be delayed or declined if the Card is used in a foreign country. For example, there are some countries in which we are required by law to block transactions and some countries for which we will not authorize the use of the Family Account due to fraud, terrorism, or other concerns. Those countries change from time to time, so contact us in advance if you are planning on using the Card in a foreign country and want to confirm that the Card can be accepted in that country.

F. ATM Safety.

You agree you and the Authorized User will exercise discretion when using ATMs. If there are any suspicious circumstances, do not use an ATM. If you notice anything suspicious while transacting business at an ATM, cancel the transaction, pocket the Card, and leave. Be careful when using an ATM and be aware of the surroundings, especially at night or in isolated areas. Park near an ATM in a well-lighted area. At night, have someone accompany you to an ATM when possible. Do not approach a dark ATM. Do not accept assistance from anyone while using an ATM. Do not display your cash; pocket it and count it later in the safety of your office or home. Be sure to save your ATM transaction receipts. Check them against your statements regularly. Prepare deposits at home to minimize your time at an ATM. Make sure the PIN is safeguarded; do not write it on the Card or carry it in your wallet or purse. Always secure the Card just like you would your cash, checks, and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using ATMs.

G. Refunds on Purchases.

Cash refunds will not be made to you for purchases made with your Card. If a merchant gives you a credit for merchandise returns or adjustments, it may do so by processing a credit adjustment, which we will apply as a credit to your primary deposit account. For security reasons, if a credit is applied to the primary deposit account of the Family Account for which there was no debit originally, we may block the use of the account.

6. Limits on Your Account.

In addition to any other limits included in this Agreement, the Family Account is subject to the following limits imposed by us³:

A. Account Balance.

The maximum balance is $60,000, but we may, in our sole discretion, allow the balance to exceed this limit.

B. Daily Cash Deposits.

You may deposit up to $3,000 in cash per day.

C. ATM; Cash Withdrawals; Purchase Transactions; Overall Limits.

• The maximum number of ATM cash withdrawal transactions per day is 2.
• Subject to Section 6(c)(vi), you may withdraw up to $200 in cash from ATMs in the aggregate per day and up to $3,000 in cash from ATMs in the aggregate per month
• Subject to Section 6(c)(vi), you may withdraw cash through teller withdrawal transactions up to $400 in the aggregate per day and up to $3,000 in the aggregate per month.
• Subject to Section 6(c)(vi), you may perform point of sale cash withdrawal transactions up to $200 in the aggregate per day and up to $1,500 in the aggregate per month.
• Subject to Section 6(c)(vi), you may perform purchase transactions up to $1,000 in the aggregate per day.
• The aggregate amount of cash withdrawal from combined ATM cash withdrawal transactions, teller cash withdrawal transactions and point of sale cash withdrawal transactions may not exceed $1,000 per day. We may, in our sole discretion, permit you to withdraw higher amounts of cash. The aggregate amount of combined purchase transactions, Funding Transactions, ATM cash withdrawal transactions, teller cash withdrawal transactions and point of sale cash withdrawal transactions may not exceed $1,500 per day.

D. Funding Transactions Involving an External Account.

Subject to Section 6(c)(vi), you may perform Funding Transactions that involve an external account up to $1,500 in the aggregate per day and up to $30,000 in the aggregate per month. A “Funding Transaction” refers to a near real-time transfer of funds from your Family Account to another network-branded account (e.g., a Visa or Mastercard prepaid or debit card) that is authorized via a third-party platform (e.g., loading of a prepaid card account, moving funds into another financial account, external P2P transactions, or adding value to a digital wallet).

E. Other Limits.

You agree you and each Authorized User, as applicable, will not use the Family Account for business purposes. We may, in our sole discretion, close the Family Account if we determine that it is being used for business purposes. We may revoke or suspend your Family Account privileges or cancel your Family Account with or without cause or notice, other than as required by applicable law.

7. Savings Vault

A. General.

A Family Account may include up to one separate interest-bearing Savings Vault that you can establish as long as your Account and the primary deposit account of the Family Account is open with a positive balance and is in good standing. For purposes of this section, your Account and the primary deposit account of the Family Account is in “good standing” if it is not blocked or suspended for fraud or any other reason. There is no requirement to maintain a balance in a Savings Vault and there is no minimum deposit required to earn the stated APY (as defined below). Additionally, there are no fees associated with the creation or maintenance of a Savings Vault. You may close a Savings Vault at any time, but you must first transfer any money in the Savings Vault to your primary deposit account of the associated Family Account before doing so. Access to the Savings Vault is only available through the Mobile App.

B. Good Standing; Negative Balances.

If the primary deposit account of the Family Account is suspended, blocked, or closed, the associated Savings Vault will not earn or be paid interest. However, if the primary deposit account of the Family Account is suspended or blocked during a calendar month, and that suspension or block is subsequently lifted before the end of the calendar month, your Savings Vault will earn and be paid interest for that calendar month in accordance with Section 7.d. below. The Available Balance (as defined below) of your Family Account does not include money in your Savings Vault. Without limiting any other right or remedy that we may have under this Agreement or otherwise, money in your Savings Vault may be used by us to cure a negative balance in the primary deposit account of the Family Account or as otherwise provided in Section 10.r. titled “Security Interest & Setoff”. As such, if you have a negative balance in the primary deposit account of the Family Account, as a result of fees, overdrafts, or any other reason, and you transfer money from a Savings Vault to the primary deposit account of the Family Account, we will first apply the money you transfer from the Savings Vault to the negative balance in the primary deposit account of the Family Account. We will not use funds in your Savings Vault, however, to prevent an overdraft of the primary deposit account of the Family Account.

C. Transfers; Transfer Limitations.

You can only transfer money to and from a Savings Vault through the primary deposit account of the Family Account. You cannot otherwise spend, withdraw, transfer, or access money in a Savings Vault, and you cannot directly transfer money between Savings Vaults. When you want to access money in a Savings Vault, you must first transfer the money to the primary deposit account of the Family Account. Transfers between the primary deposit account of the Family Account and a Savings Vault can be conducted only through the Mobile App; we do not accept transfer instructions over the phone or by any other means. Once you instruct us to transfer money from the primary deposit account of the Family Account to a Savings Vault, that money will be unavailable to otherwise spend, withdraw, transfer, or access from the primary deposit account of the Family Account. Although, the Available Balance of your Family Account does not include money in your Savings Vault, the money in your Savings Vault is counted for purposes of the maximum Family Account balance limits in Section 6 titled “Limits on Your Account”. For security reasons, we may impose limits on the numbers of transfers between the primary deposit account of the Family Account and your Savings Vault in our sole discretion. Notwithstanding anything to the contrary in this Agreement, for all funds in a Savings Vault, we reserve the right at any time to require at least seven days’ written notice of an intended transfer to the primary deposit account of the Family Account.

D. Interest.

The current rate at which interest may be paid on the Savings Vault, and the corresponding annual percentage yield (“APY”), can be found in the Savings Vault feature in the Mobile App.  You must set up a Savings Vault and transfer money into your Savings Vault in order to earn any interest on the balance in the Savings Vault – no interest is earned on the balance in the primary deposit account of the Family Account.  Interest will be calculated and credited to your open Savings Vault on the Interest Payout Date (as defined below), subject to the terms of this Section 7. Interest for a Savings Vault is calculated by: (i) applying the current interest rate to the average daily balance in your Savings Vault for the applicable statement period. The average daily balance of a Saving Vault for a statement period is calculated by adding together the balances in the Vault for every day the Savings Vault is open during the statement period and dividing that amount by the number of days in the statement period. In the event your primary deposit account is suspended or blocked, and that suspension or block is subsequently lifted during the same statement period, the average daily balance of a Savings Vault for that statement period is calculated by adding together the balances in the Vault for every day the primary deposit account is not blocked or suspended during the statement period and dividing that amount by the number of days in the statement period.  Because interest is credited only at the end of your statement period, the amount of accrued interest is not added to the daily balance of your Savings Vault during the statement period. That means that interest does not compound prior to being credited to the Savings Vault.  We may, at our discretion, change the interest rate, and the corresponding APY, at any time. If we change the interest rate, and the corresponding APY, such change will take effect immediately. Interest will be compounded on a monthly basis. Interest will be credited to your Savings Vault on a monthly basis (“Interest Payout Date”). If a Savings Vault is closed prior to the end of the statement period or the Interest Payout Date, interest will not be credited to the Savings Vault for the statement period.

E. Taxes

• General.
  You, as the owner of the Family Account, are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with the interest paid on your Savings Vaults, as applicable.Any interest income will be reported under your social security number, not the Authorized User’s social security number.
• Backup Withholding.
  We may ask you to certify your name and social security number to avoid potential backup withholding and to report interest income paid to you in connection with the Savings Vaults. In addition, we may also ask you to certify that you are not subject to backup withholding. If the Internal Revenue Service ( “IRS” ) notifies us that we do not have a correct social security number for you, we may be required to withhold and remit to the IRS a percentage of interest paid to your Savings Vaults.

8. Electronic Fund Transfers; Other Rights & Terms

A. Your Liability for Unauthorized Electronic Fund Transfers.

Tell us AT ONCE if you believe a Card or PIN has been lost or stolen or funds have been transferred from your Family Account without your permission. Reporting such loss, theft, or unauthorized transfer by calling us at (888) 675-2973 is the best way of keeping your possible losses down. You could lose all the money in your Family Account.If you tell us within two business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. (Note: Since your Card is a Visa Card, you will not be held responsible for unauthorized transactions processed by Visa if you use care in protecting your Card and PIN and notify us immediately of any unauthorized use.)

Also, if your statement shows transfers that you did not make, including those made by Card, PIN, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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 in your Family Account 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.

B. In Case of Errors or Questions About Your Electronic Transfers.

Call us at (888) 675-2973 or write us at Customer Care, P.O. Box 9, West Chester, OH 45071-0009 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When notifying us, you will need to tell us: (i) your name and number of the Family Account; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your  Family Account.

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 provide a provisional credit to your Family Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 provide a provisional credit to your Family Account.

For errors involving new Family Accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Family Accounts, we may take up to 20 business days to provide a provisional credit to your Family Account for the amount you think is in error.

We will tell you the results within three 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.

C. Our Liability for Failing to Make Transfers.

If we do not complete an electronic fund transfer to or from your Family Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: (i) if through no fault of ours, your Family Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iii) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (iv) if a merchant refuses to honor your Card; (v) if you attempt to use a Card that has not been properly activated; (vi) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (vii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your Family Account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this Agreement.

D. How to Stop Preauthorized Transfers From Your Primary Deposit Account.

If you have told us in advance to make regular payments out of the primary deposit account of the Family Account, you can stop any of these payments by writing to us at Customer Care, P.O. Box 7, West Chester, OH 45071-0009 or by calling us at (888) 675-2973. We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to the primary deposit account of the Family Account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by applicable law.

E. Varying Preauthorized Transfers.

If you have arranged in advance to make regular payments out of the primary deposit account of Family Account and they may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. The person you are going to pay may give you the option of receiving 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.

F. Account Statements.

You will get a statement for the Family Account each monthly statement period (unless there are no transfers in a particular month). In any case, you will get a statement at least quarterly, unless your Family Account is dormant or inactive. If applicable, your statement will be a combined statement that will reflect both the primary deposit account of the Family Account and the associated Savings Vault. You will have access to these statements via the Mobile App. We do not mail paper statements.

G. Business Days.

Except as otherwise provided in this Agreement, our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.

H. Amendments/Changes in Account Terms.

We may add to, delete, or change the terms of this Agreement at any time by mailing, emailing, or delivering a notice, a statement message, or an amended agreement to you at the last address (location or email) on file for you, your Account, or the service in question. Unless otherwise required by applicable law, we may amend this Agreement without prior notice (e.g., by posting the information via the Mobile App or otherwise making it available to you). We may substitute similar services or discontinue currently offered services by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.

I. Information Given to Third Parties.

We may disclose information to third parties about you, your Family Account, and the transactions on your Account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of your Family Account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer your Family Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on your Family Account; (viii) to disclose the existence, history, and condition of your Family Account to consumer reporting agencies; and (ix) as permitted by our Privacy Policy. See our Privacy Policy for further details. We can also disclose information that is not personally identifiable for other purposes.

9. We Use The Available Balance Method

A. Determining Your Family Account’s Available Balance.

The “Available Balance” of your Family Account is defined as the most current record of the amount of money in your Family Account available for your use or withdrawal, which does not include any money in your Savings Vaults. We use the Available Balance to authorize your transactions during the day (e.g., Card purchases and ATM withdrawals). We also use the Available Balance to pay your transactions in our nightly processing. Note that the Available Balance of your Family Account may not represent the current balance of your Family Account due to pending transactions. We calculate your Available Balance as follows:

• We start with the ending daily Family Account (posted) balance from our prior business day nightly processing that includes all transactions deposited to or paid from your Family Account (excluding money in your Savings Vaults);
• We subtract from this amount any holds placed on a deposit to your Family Account and any holds placed due to legal process;
• We add pending deposits that are immediately available for your use (see Section 4 titled “Funds Availability” for details); and
• We subtract pending withdrawals that we have either authorized (such as Card purchases and ATM withdrawals) or are known to us (such as your preauthorized automatic ACH (as defined below) withdrawals that we receive for payment from your Family Account) but have not yet processed (see Section 5.d. titled “Money in Your Account May Be Held Until a Transaction is Completed” for details).

B. How We Process (Post) Transactions to your Primary Deposit Account.

We may charge the primary deposit account of the Family Account on the day that a transaction is presented (or returned) to us directly or electronically for payment. We may charge the primary deposit account of the Family Account, or place a hold on funds at an earlier time if we receive notice that an item deposited to the primary deposit account of the Family Account, is being returned, or if we receive notice that your electronic payment (e.g., at a point-of-sale) is being processed for collection.

C. Negative Balances.

You may not perform transactions that exceed the Available Balance of your Family Account, and we generally will not authorize or pay transactions that exceed the Available Balance of your Family Account. Please note, however, that some merchants: (i) may not check with us for authorization of the transaction amount; (ii) may check with us for authorization of the transaction amount but later present a transaction for payment that is for a higher amount; or (iii) may not timely present a transaction to us for payment, and therefore some transactions may be paid from your Family Account even if the Available Balance of your Family Account is insufficient, resulting in a negative balance in the primary deposit account of the applicable Family Account.

You are fully liable for the amount of any negative balance on the primary deposit account of the Family Account, including any applicable transaction fees. Any negative balance on the primary deposit account of the Family Account must be paid immediately, without notice or demand from us, by depositing funds to the primary deposit account of the Family Account. Without limiting any other provisions of this Agreement, if you do not deposit funds to the primary deposit account of the Family Account to cover a negative balance within 60 days of its creation, we may close your Family Account. Without limiting the foregoing, we reserve the right to pursue collections for any negative balance on the primary deposit account of the Family Account, and we may offset any negative balance on the primary deposit account of the Family Account with subsequent deposits, funds in your Savings Vaults and other credits to your primary deposit account, to the fullest extent permitted by applicable law, in accordance with Section 10.r. titled “Security Interest & Setoff”.

10. Additional Terms & Conditions

A. Adjustments.

We may make adjustments to your Family Account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.

B. Account Contact Information Changes.

You agree to notify us immediately in writing of any change in your name, address, email address, phone number, or other contact information associated with your Family Account. We may rely on our records to determine the ownership of your Family Account.

C. Compliance.

You agree not to violate the laws of the U.S., including, without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your Family Account or any related service to conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

D. Conflicting Demands/Disputes.

If there is any uncertainty regarding the ownership of an Account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person’s authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the Family Account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (i) freeze the Family Account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the Family Account and its funds; (ii) refuse transactions; (iii) require the signatures of all authorized signers for the withdrawal of funds, the closing of a Family Account, or any change in the Family Account regardless of the number of authorized signers on the Family Account; (iv) request instructions from a court of competent jurisdiction at your expense regarding the Family Account or transaction; and/or (v) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above will not impose an obligation on us to assert such rights or to deny a transaction.

E. Consent For Us to Contact You.

Except to the extent prohibited by applicable law, you agree that we or our agents may contact you at any telephone number you provide to us, including your mobile phone number, and you agree to receive these calls and also text messages, including prerecorded or autodialed calls. You understand that your service provider may charge you for these calls and messages.

F. Consent to Gather Information.

You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code § 1808.21 (or its equivalent). You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status and device details, if available, to us and our service providers solely to verify your identity and prevent fraud. See our Privacy Policy for how we treat your data.

G. Cutoff Hours.

Except as otherwise expressly provided in this Agreement, instructions received by us on a weekend, holiday, or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.

H. Death or Adjudication of Incompetence.

We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the Family Account. We also may freeze, offset, refuse, and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if you die or are adjudicated incompetent. Without limiting any other provisions of this Agreement, if we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the Family Account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.

I. Deposit Insurance.

Your Account and Family Account(s) are insured up to the regulatory limits prescribed by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at https://www.fdic.gov/.

J. Fax Instructions/Voicemail/Email.

We may, but are not required to, act upon instructions received by fax transmission, voicemail, or email. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us emails that contain any personal or Account information.

K. Force Majeure.

We will not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, pandemics, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

L. Governing Law.

To the extent this Agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.

M. Inactive Accounts.

For security reasons, we may refuse a withdrawal or transfer from Family Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) funds in your Family Account to the appropriate state if no activity occurs in your Account or you fail to communicate with us regarding your Family Account within the time period specified by state law. We may consider your Family Account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the appropriate state. If funds are transferred to a state, you may file a claim with the state to recover the funds.

N. Legal Process.

We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant, or other legal process that we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically, or in writing. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the process, we may charge such costs to your Family Account. You agree to reimburse us for any cost or expense, including attorneys’ fees, which we incur in responding to legal process related to your Family Account. You agree that we may honor legal process that is served personally, by mail, email, or facsimile transmission at any of our offices (including locations other than where the funds, records, or property sought is held), even if the law requires personal delivery at the office where your Family Account or records are maintained.

O. Limitation on Time to Bring Action.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your Family Account or any related service must be commenced no later than one year after the day the cause of action accrues.

P. Other Agreements.

You may have another agreement with us that, by its terms, supersedes this Agreement in whole or in part.

Q. Power-of-Attorney.

You may appoint an attorney-in-fact for your Account and also revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your Account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with applicable state law. We may refuse to accept other forms of powers of attorney, however, with or without cause. We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction. You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

R. Security Interest & Setoff.

You grant us a security interest in your Family Account(s), including all current and future deposits, for amounts owing to us now and/or in the future under this Agreement or any other agreement you have with us. We may charge or set off funds in your Family Account, which can include, but is not limited to, those funds in your Savings Vault or accrued unpaid interest earned on the Saving Vaults, for any direct, indirect, and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in your Family Account, to the fullest extent permitted by law.

Severability.

If any of the provisions of this Agreement are determined to be void or invalid, the remainder of this Agreement will remain in full force and effect.

S. Telephone and Electronic Communication Monitoring/Recording.

We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.

T. Termination/Closing Your Account.

We may close your Family Account if the associated Account is closed, or if the balance in your Family Account is zero or negative. In the event your Stockpile membership is cancelled for any reason, your Account and any Family Accounts will be closed as provided in the Stockpile Terms of Service and this Agreement.  We may also terminate your relationship with us at any time, with or without cause, with or without notice. If funds are not withdrawn from your Family Account prior to the termination of your account, we may send a check for the account balance to you at the last address we have on file for your account or return the account balance to you via any other method we select in our discretion. We reserve the right to refuse to return any unused balance amount less than $1.00. We may dishonor any item or transaction presented for payment after your account is closed. Notwithstanding the foregoing, you remain responsible for such items and transactions, which may be treated as overdrafts.

U. Transfers/Assignments.

Unless otherwise agreed by us in writing, your Family Account is non- transferable and non-negotiable. You may not grant, transfer, or assign any of your rights to your Family Account without our prior written consent. We are not required to accept or recognize an attempted assignment of your Family Account or any interest in it, including a notice of security interest.

V. Waivers.

We may delay enforcing our rights under this Agreement without losing them. Any waiver by us will not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest, and notice of every kind, except as set forth in this Agreement.

W. Termination or Suspension of Service.

We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this Agreement or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your Family Account.

11. ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

A. Acknowledgment of Arbitration.

Your Family Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By opening your Family Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

B. Arbitration of Claims.

Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counter-claims, cross-claims, and third-party claims, arising from or relating to (i) your Card or Family Account; (ii) any service relating to your Card or Family Account; (iii) the marketing of your Card or Family Account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which will be for a court to decide); and (v) any other agreement or instrument relating to your Card or Family Account or any related service (“Claim”) will be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

C. Other Claims Subject to Arbitration.

In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to arbitration as described herein.

D. Exceptions.

We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to Account funds by several parties.

E. Individual Claims Only.

Claims may be submitted to arbitration on an individual basis only.Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

F. Arbitration Fees.

If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

G.

H. Procedure.

A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration will follow the AAA’s rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA’s rules and procedures and this arbitration provision, in which case this arbitration provision will govern. Any in-person arbitration hearing for a Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and will honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA.

Appendix A. Online and Mobile Banking Agreement

1. Introduction.

This Online and Mobile Banking Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the Green Dot online and mobile banking services (“Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us,” and “Bank” refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the Stockpile mobile application (“Mobile App”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE MOBILE APP. DO NOT USE THE SERVICE VIA THE MOBILE APP IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules, and regulations governing your use of the Mobile App. This Agreement may be amended by posting a new version to the Mobile App, which version will be effective upon posting.

2. Our Service.

The Service may allow you to access a variety of features through the Mobile App from time to time, subject to your eligibility to use such features. We assume no obligation to offer support services for, or upgrades to, the Mobile App.

3. Your Equipment.

To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile devices, and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile devices, or software or for any computer virus or related problems that may occur with your use of the Service. You are responsible for ensuring that your computer, mobile devices, and software are compatible with the Mobile App and other system requirements. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile devices and mobile operating systems. Note: Some browser software may store usernames and security codes to facilitate the future use of a website. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature.

4. Website Terms of Use and Mobile App End User License Agreement.

Stockpile’s Terms of Service, including the Mobile Application Terms of Use attached thereto (as applicable, “Stockpile Agreement”) apply to your access and use of the Mobile App and their website (“Website”). Either Green Dot or Stockpile have the right to terminate or suspend your access to or use of the account via the Website or Mobile App, with or without notice, in the event that you violate the Stockpile Agreement. In case of any discrepancy between this Agreement and the Stockpile Agreement, the terms of this Agreement will prevail.

5. Proprietary Rights; Use of Content.

The Website and Mobile App are owned and operated exclusively by Stockpile, Inc., its affiliates and/or licensors, and, unless otherwise indicated, all designs, text, images, videos, graphics, software, and other content and materials appearing on the Website or Mobile App (collectively, “Stockpile Content”) are the property of Stockpile, Inc. and are protected, without limitation, by U.S. and foreign copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, logos, and other indicia of origin of Stockpile Inc., (collectively, “Stockpile Marks”) appearing on the Website or Mobile App are the property of Stockpile. Your use of the Stockpile Content or Stockpile Marks is governed by the Stockpile Agreement. You may not make any use of any Stockpile Content or Stockpile Marks without Stockpile’s prior written consent. No Stockpile Content from the Website or Mobile App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Any banking services and Bank content offered by or through the Mobile App (collectively, the “Banking Services”) are the property of Bank, or its affiliates, licensors and/or third-party service providers (collectively, the “Green Dot Parties”) and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin of Green Dot Parties (collectively,"Green Dot Marks") appearing on or in the Website or Mobile App or accompanying Bank content (“Green Dot Content”) are the property of Bank or the Green Dot Parties. You may not make any use of any Green Dot Content or Green Dot Marks without the prior written consent of Bank. No Green Dot Content or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as licensed by Bank.

6. Your Conduct.

In using or accessing the Service, you agree: (i) not to use the Service for fraudulent purposes; (ii) not to “spam” others or “phish” for others’ personal information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, “deeplink,” attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (v) not to disrupt or interfere with any other user’s enjoyment of the Service; (vi) not to use, frame, or utilize framing techniques to enclose any Stockpile Marks, Green Dot Marks or other proprietary information (including Stockpile Content or the Green Dot Content); (vii) not to use meta tags or any other “hidden text” utilizing a Stockpile Mark or Green Dot Mark; and (viii) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third-party proprietary rights, or is in violation of any applicable law.

7. Third-Party Websites and Services.

The Website and Mobile App may contain links to third-party websites and services, over which the Bank has no control. You acknowledge and agree that the Bank does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. The Bank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services.

8. Termination; Modification.

Subject to applicable law, the Bank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Subject to applicable law, the Bank may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that the Bank will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

9. Disclaimer.

THE BANK MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN (“MATERIALS”), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH RESPECT TO THE MATERIALS, AND ANY THIRD-PARTY WEBSITE OR SERVICE. THE BANK DOES NOT WARRANT THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE BANK MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

The Bank will not be responsible for any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, pandemics, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Bank’s reasonable control.

10. Limitation of Liability.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

11. Hours of Operation.

You can access automated account information through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

12. Privacy.

Please see our Privacy Policy for information about how we collect, use, and disclose your information.

13. Discrepancies.

We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

14. Limitation on Time to Sue.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.

15. Termination.

We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement will survive its termination.

1 Please note that third parties may charge fees in addition to any of our fees set forth in this fee schedule.

2

3 Third parties may impose additional limitations.