Phone icon Call 1-800-WTDirect
   1-800-983-4732
Headset icon We’ll call you Envelope icon Email us
Ask Us:
Print

The WTDirect Savings Account Agreement and Disclosures and Arbitration Agreement


Section

1. General
2. Overview
3. Who Can Open an Account
4. Types of Account Ownership
5. HOW DOES THE ACCOUNT WORK?
      5a. How to Open an Account
      5b. How to Make Deposits into Your Account
      5c. Availability of Funds and Accrual of Interest
      5d. How to Withdraw Funds from Your Account
      5e. Limits on Withdrawals, Deposits, Transfers and Balances
6. Interest Rates
7. Fees That May Apply to Your Account
8. Things You Ask Us to Do
9. If Your Address Changes
10. Closing Your Account and Terminating Use of Our Services
11. Communicating With You
12. Terms Applicable to Your Account
13. Arbitration Agreement Notice
14. Amendments to These Terms
15. Other Accounts, Loan Agreements and Services
16. Erroneous Deposits
17. Collection of Non-Cash Items
18. Transactions in Your Account
19. Automated Clearing House
20. Statements
21. Your Duty to Verify Statements
22. Set-Off
23. FDIC Insurance
24. Internet, Telephone Banking, and Inter-Bank Transfer Service
25. ELECTRONIC FUND TRANSFERS ("REGULATION E")
      25a. Types of Electronic Fund Transfers
      25b. Monthly Statements
      25c. Limitations on Electronic Fund Transfers
      25d. Direct Deposits and Preauthorized Payments
      25e. Right to Stop Transfers
      25f. Preauthorized Electronic Fund Transfers
      25g. All Other Electronic Fund Transfers
      25h. Reporting of Unauthorized Transactions or Lost or Stolen Login or Telephone Access Code
      25i. Business Days
      25j. Bank Liability under the EFTA and Regulation E
      25k. Disclosure of Information
      25l. In Case of Errors or Questions about Your Electronic Fund Transfers
26. Safety Tips for Using Touch-Tone Banking and Online Banking Service
27. ONLINE BANKING SERVICES
      27a. OLB Transfer Services (including Bank to Bank Transfers)
      27b. Computer Requirements
      27c. Login
      27d. Hours of Service Availability
      27e. Changes/Interruptions in Service
28. OTHER THINGS THAT YOU NEED TO KNOW
      28a. Your Responsibility and Liability
      28b. Our Responsibility and Liability
      28c. No Warranty
      28d. Notices and Communications
      28e. Third Party Networks
      28f. Third Party Software; Virus Protection
      28g. Additional Amendments to this Agreement
      28h. Assignment/Transfer
      28i. Termination
      28j No Waiver
      28k. Captions
      28l. Governing Law
      28m. Enforcement
      28n. Severability
      28o. Definitions

ARBITRATION AGREEMENT
PRIVACY POLICY NOTICE

WHAT YOU NEED TO KNOW ABOUT YOUR WTDIRECT SAVINGS ACCOUNT

1. General - This brochure provides information about your WTDirect Savings Account with Wilmington Trust FSB. So whenever you see the words "WTDirect," "Wilmington Trust" or "the Bank" "we" and "our," it means Wilmington Trust FSB. And whenever you see the words "you," "your" and "yours," it means each and every person authorized to use the account.

2. Overview -
Here's a quick overview of how your WTDirect Savings Account works. You can open an account just in your name or in your name and the name of one other person. Through our website, WTDirect.com, you can link your WTDirect account to any personal account that you have with another U.S. chartered financial institution - then you can make deposits to and withdrawals from your WTDirect account (but you can also make deposits by sending us a check). It's that straightforward! Now that you have an overview, here are the detailed terms that govern your WTDirect account. Please understand that you agree to be bound by these terms when you submit an application, open an account or use our services.

3. Who Can Open an Account - You can open an account if you are a citizen or a resident alien of one of the 50 United States or the District of Columbia (the "U.S."), have a social security number or individual taxpayer identification number, are at least 18 years old, and have a U.S. address (P.O. Box addresses are not allowed).

4. Types of Account Ownership -The account must be either: (a) an individual account; (b) a joint account, which means that you can open the account in your name and the name of one other person; or (c) a Totten Trust account. Here's more information on how this works:

Individual Accounts - These accounts are owned by a single individual, in his or her own name.

Joint Accounts - These accounts are owned by two individuals as joint tenants with right of survivorship and not as tenants in common. This means that, if one of you dies, the available balance in the account will belong to the survivor.

Totten Trust Accounts - One or two individual "depositors" who do not claim to be acting under a will, trust instrument, or court order or decree may establish revocable Totten Trust accounts for the benefit of either: (a) a charity or other non-profit organization (as recognized by the Internal Revenue Service); or (b) one to three individual "beneficiaries," who must all be natural persons. Totten Trust accounts need to be expressly designated as such.

All principal and interest in a Totten Trust account are subject to the following terms: (1) Any depositor may revoke, terminate or modify a Totten Trust account by withdrawing all of the funds in the account or by delivering written instructions that are received by the Bank during the lifetime of the depositor. However, the account cannot be revoked, terminated, or modified by will or other testamentary instrument. (2) If there are two depositors, the account will be treated as a joint account with right of survivorship (and not as an account as tenants in common) as between the two depositors during their lives. If one depositor dies while any of the beneficiaries are alive, the surviving depositor will be treated as if (s)he were the sole depositor. (3) If a depositor survives all beneficiaries, the trust elements of the account will automatically terminate and title to the funds will continue in the depositor(s). (4) If one or more beneficiaries survive the depositor(s), the trust automatically terminates upon the last depositor(s)' death, and title to the funds will vest in those beneficiaries. If there is more than one beneficiary, the account will be owned by the beneficiaries as joint tenants with right of survivorship and not as tenants in common. If a beneficiary is under 18 years of age at the time of a demand for any payment from the account, the funds in the account will be paid only to the order of the parent or parents of the beneficiary, to be held for the use and benefit of the beneficiary, or to the order of the duly appointed guardian of the property of the beneficiary. (5) If a depositor and a beneficiary die under circumstances where it is impossible to identify who survived longer, the depositor is conclusively treated as the survivor. (6) Any payments made in accordance with the above rules and not in violation of any court order served upon the Bank will, to the extent of such payments, release and discharge the Bank from liability to any person claiming a right to the funds.

For all account types, an individual accountholder, each joint accountholder acting alone (including any one of multiple beneficiaries who become accountholders following the death of the depositors), or any person authorized by any individual or joint accountholder may withdraw or transfer all or any part of the account balance at any time; may endorse and/or deposit any item payable to you or your order for deposit to the account; may close or pledge the account; and may effect any other transaction or action related to the account under these Terms. We are not required to obtain the consent of or notify any other accountholder about the actions of others. However, each of you will only be permitted to access accounts for which you are an owner. Unless any signer obtains a court order to the contrary, we may either honor or dishonor, in our absolute discretion, any request from a signer to limit the authority of any other signer.

Other account types, including but not limited to business, custodial, guardianship, and trust accounts, are currently not permitted.

5. HOW DOES THE ACCOUNT WORK?

5a. How to Open an Account - Accounts can be opened only through our website, WTDirect.com. You must tell us to either electronically transfer money from your Linked Account or give us a personal check drawn on an account you have at any other U.S. chartered financial institution. You agree that we may, at the time you open the account and from time to time, obtain credit information about you from credit reporting agencies and/or employment information. We may use this information to verify your identity, to update our information on you and/or to better service you as a client.

5b. How to Make Deposits Into Your Account -You can make deposits to your account by using our website to transfer funds from another WTDirect or Wilmington Trust account or from your Linked Account, by mailing us a check, or by wiring funds to us. WE WILL NOT ACCEPT CASH OR MONEY ORDERS, AND WE WILL NOT BE RESPONSIBLE FOR ANY CASH OR MONEY ORDERS THAT YOU SEND! Checks you deposit must be payable to you and list your account number and must be drawn on a U.S. chartered financial institution. Please make sure to include your account number on any deposit you make by check or wire transfer; if you don't include your account number, our processing of your deposit could be delayed.

Note that it is your responsibility to make sure that your deposit reaches us and that we know where you want your deposit to go. In any event, if we ask, you agree to fully cooperate and assist us in the reconstruction and proof of loss of any non-cash items included in deposits that are lost or stolen in transit, either before or after we have received and accepted the deposit. If your deposit doesn't reach us or if you don't tell us where you want your deposit to go, then you will be responsible for any loss that results. If your deposit does reach us but is subsequently lost or destroyed, our sole liability, even in the event of the Bank's negligence, is limited to reimbursement for reasonable out-of-pocket costs necessary to obtain replacement items from the makers, including stop-payment costs.

5c. Availability of Funds and Accrual of Interest -When you deposit in your account funds drawn on another U.S. chartered financial institution, there is always a time delay before the funds reach the bank on which the deposit is drawn and we receive payment. During this time delay, the funds are considered "uncollected funds." Unless prohibited by applicable law, we may refuse any withdrawal request against uncollected funds, even if our general practice is to honor such requests. Any non-cash items drawn on U.S. chartered financial institutions accepted for deposit (including checks drawn on the Bank) will be given provisional credit only until collection is final. In addition, we reserve the right to place a "hold" on all funds deposited into the WTDirect account as follows:

Electronic Deposits:

a) Initial deposits (this applies to all deposits made on the same day as your initial deposit): If your initial deposit is made from funds from an account with Wilmington Trust Company or from another account you have with Wilmington Trust FSB, the initial deposit will be subject to a three-day hold, and the funds will not be available for transfer or withdrawal until the fourth day following the receipt of the funds in your WTDirect account.

If your initial deposit is made from an account with another U.S. chartered financial institution, the initial deposit will be subject to a seven-day hold, and the funds will not be available for transfer or withdrawal until the eighth day following the receipt of the funds in your WTDirect account.

b) Subsequent deposits made to your account: Subsequent deposits made from any account you have with Wilmington Trust Company or Wilmington Trust FSB, will be subject to a three-day hold, and the funds will not be available for transfer or withdrawal until the fourth day following the receipt of the funds in your account. Subsequent deposits made from an account you have with any other U.S. chartered financial institution will be available for transfer or withdrawal immediately following our receipt of the funds in your account.

c) Interest Accrual: Interest on amounts deposited into your account will begin to accrue on the date that the funds are received into your account, notwithstanding any hold that we place on deposits made to your account.

Check Deposits:

a) Initial deposits (this applies to all deposits made on the same day as your initial deposit): If your initial deposit is made from funds from an account with Wilmington Trust Company or from another account you have with Wilmington Trust FSB, the initial deposit will be subject to a seven-day hold, and the funds will not be available for transfer or withdrawal until the fourth day following the date of posting of the check to your WTDirect account.

If your initial deposit is made from an account with another U.S. chartered financial institution, the initial deposit will be subject to a seven-day hold, and the funds will not be available for transfer or withdrawal until the eighth day following the date of posting of the check to your WTDirect account.

b) Subsequent deposits made to your account: Subsequent deposits made by check drawn on any U.S. chartered financial institution, including Wilmington Trust Company, and Wilmington Trust FSB, will be subject to a three-day hold, and the funds will not be available for transfer or withdrawal until the fourth day following the date of posting of the check to your WTDirect account.

c) Interest Accrual: Interest on amounts deposited into your account begin to accrue on the date that we post the check to your account, provided that the posting is completed before the Bank's specified cut-off time, and otherwise begins to accrue on the following business day, notwithstanding any hold that we place on deposits made to your account.

Wire Deposits:

a) Initial deposits (applies to all deposits made on the same day as your initial deposit): If your initial deposit is made by wire transfer from another U.S. chartered financial institution, the initial deposit will be subject to a seven-day hold, and the funds will not be available for transfer or withdrawal until the eighth day following the day on which the funds are wire transferred into your WTDirect account.

b) Subsequent deposits made to your account: Subsequent deposits made by wire transfer from another U.S. chartered financial institution will not be subject to a hold period and will be available for transfer or withdrawal on the same day as the day we receive the wire transfer, provided that the funds are received by us before the Bank's specified cut-off time. If the funds are not received by us prior to our cut-off time, the funds will be available for transfer or withdrawal on the next business day.

c) Interest Accrual: Interest on amounts deposited into your account begins to accrue on the date that the funds are received into your account, notwithstanding any hold that we place on deposits made to your account.

Notwithstanding anything that we have said earlier in this section, we reserve the right to require at least seven days' written notice before permitting any withdrawal or transfer from your account. However, we may (and frequently do) accept shorter notice, subject to the limitations set forth above, without waiving our rights.


5d. How to Withdraw Funds from Your Account -
You can request a withdrawal from your account by using our website, by wire transfer (subject to any additional requirements that we may impose on wire transfer transactions), or by Touch-Tone Banking (for Wilmington Trust clients only). A withdrawal request via the website or Touch-Tone Banking will generally reach your Linked Account within 2-3 business days (or 1 business day if using our Next-Day Transfer Service) following the business day on which you initiate the request (or following the next business day, if your request date is not a business day). You may not withdraw funds from your account by a check transaction.


5e. Limits on Withdrawals, Deposits, Transfers and Balances -
Under Federal law, you are allowed to take money out of your account or transfer funds from your account only six times per calendar month (or statement cycle of at least four weeks) to another one of your accounts at the Bank or to a third party through pre-authorized transfers from your account or transfers made through the Internet (using our Online Banking services), by telephone (by using our Touch-Tone Banking service) or by wire transfer. If you repeatedly make more than 6 withdrawals or transfers during a calendar month or statement cycle, we may have to close your account. In addition, we will charge you a fee for each excess withdrawal or transfer, as set forth in our Fee Schedule (see Section 7).

The minimum deposit or transfer amount is $1. The maximum withdrawal amount is $200,000, and the maximum deposit amount is $500,000, in each case, at any one time. The maximum amount that you may deposit or withdraw (including by transfer) during any rolling 30-day period is $500,000. We may refuse any transaction that does not conform to these requirements.

We reserve the right to limit the frequency and dollar amount of transactions from your accounts, as well as linked accounts that you set up, in addition to what we have specified above, for security, credit, legal/regulatory or other reasons, as we may determine at any time and from time to time in our sole discretion.

You are not permitted to overdraw your account, and you agree that you won't withdraw or attempt to withdraw more money than the amount available for withdrawal at that time.

6. Interest Rates

Variable Rate: Please refer to the interest rate information separately provided to you.

Minimum Amount to Open Account: $1.00
Minimum Balance Amount: $0.00
Minimum Balance to Earn Interest: $1.00

Compounding and Crediting: Interest will be compounded daily and will be credited to your account monthly.

Daily Balance Method: We use the daily balance method to calculate interest on the account. This method applies a daily periodic rate to the balance in the account each day. Your daily balance is the ending balance of the account from the previous day, plus deposits and minus withdrawals made that business day.


7. Fees That May Apply to Your Account:

Account reconciliation (per hour) $15.00
Excessive Withdrawal Fee (more than 6 per month) $10.00
Garnishments/citations and other
forms of legal process affecting your account

$50.00
Next Day Transfer:  
    Incoming $2.00
    Outgoing $10.00
Overdraft (per item): $35.00
Paper Statement $10.00
Return of Account Debit (per item) $35.00
Return of Deposited/Cashed Item (per item) $35.00
Stop payment-ACH (per item) $20.00
Treasurer's Checks $25.00
Wire Transfer:  
    Incoming $0.00
    Outgoing $30.00
    Overseas $35.00

We reserve the right to change or add any fees by the procedures outlined in Section 14 for amending these Terms. You authorize the Bank to deduct all applicable fees from the account to which they apply.

8. Things You Ask Us to Do - We may refuse to follow any of your instructions if we think that they are illegal or potentially harmful to us. We may also take or require other security measures to protect us from any losses that we may suffer if we follow your instructions. You agree to reimburse us for any damages and losses (including but not limited to our reasonable attorneys' fees) that we suffer if we take an action based on your actual or apparent oral, written or electronic instructions.

9. If Your Address Changes - Notify us right away if your address or email address changes by calling us or by using our secure website, WTDirect.com. Any notice that we send to you (including by email) will be binding and will be sent to the most current address that we have for you in our records, which may include a forwarding address provided to us by the U.S. Postal Service.

10. Closing Your Account and Terminating Use of Our Services - You may close your account at any time, for any reason. We may also close your account and/or terminate your right to use our Online Banking or Touch-Tone Banking services at any time, for any reason and without advance notice to you, and we may deliver the account balance by mail to any of you.

If your account is not funded within 90 days after you open the account, if your balance falls to zero for a period of 90 days at any time, or if your account is overdrawn for a period of 25 days or more, your account may be closed.

If you close your account by transferring out your entire balance before accrued interest is posted to your account for that statement cycle, the interest will not be paid for that statement cycle, and will be forfeited. However, if you call in advance of closing your account to find out the amount of accrued interest due but not yet posted to your account, we will post the interest as of that date and you will be able to then transfer out the full amount of your balance plus the posted interest.

11. Communicating with You - Any notice from the Bank to any one of you is notice to all of you.

12. Terms Applicable to Your Account - You agree to be bound by the terms contained in this document and the interest rate information separately provided to you, plus applicable federal and Maryland laws and regulations that may apply to this account (together, we refer to this information as the "Terms"). Why Maryland law? Because Wilmington Trust FSB is headquartered in that state.

Please read this document carefully, as it creates an agreement between you and the Bank. If at any time you need the current version of this document or you have any questions, please visit our website at WTDirect.com or call us at 1-800-WTDIRECT (1-800-983-4732).

13. Arbitration Agreement Notice - Please note that these Terms include an Arbitration Agreement. You will be subject to this Arbitration Agreement unless you reject the Arbitration Agreement in a timely basis. Arbitration can substantially affect your legal rights, including your right to a trial in court and a trial by jury; your right to obtain information or "discovery" prior to a trial; and your right to bring or participate in a class action or similar proceeding. Please review the Arbitration Agreement near the end of these Terms for more details on how this works and what rights and responsibilities you have.

14. Amendments to these Terms - You may not amend, modify, delete or supplement any of these Terms. However, without liability to you or any third party, we may, from time to time, amend, modify, delete or supplement any of these Terms by giving you notice by posting a notice on our website, by mail or email delivery of a written notice of such amendments or changes, or by any other method permitted by law. Your continued use of the account is your agreement to any amendments or changes to these Terms.

NO AMENDMENT, MODIFICATION, DELETION OR SUPPLEMENT TO THESE TERMS THAT YOU PROPOSE WILL BECOME EFFECTIVE BASED ON ANY ACTION OFYOURS THAT DOES NOT MEET THE FOREGOING REQUIREMENTS (SUCH AS DEPOSITING A CHECK).

15. Other Accounts, Loan Agreements and Services - These Terms are in addition to those that apply to any other accounts that you may have with us, loan or credit agreements, or any other services you obtain from us, including your signature card(s), the terms and conditions of any loan or credit agreements, any accompanying schedules and disclosures, and any change in terms notices. Our website "Terms of Use" and "Security & Privacy Statement" also govern your account.

If you have more than one account or other relationship with WTDirect, you may "link" the relationships together as we permit. Accounts that are linked under WTDirect Online Banking must have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. However, each individual who elects to access accounts through Online Banking must select and use a separate Login (see Section 27c).

16. Erroneous Deposits - We may withdraw from your account and/or use any other legal remedies to recover any amount incorrectly deposited into your account. You agree not to withdraw, and to immediately repay, any amount incorrectly deposited into your account from any source and for any reason, whether in connection with a direct deposit plan or otherwise.

17. Collection of Non-Cash Items - We will not accept any non-cash items, including but not limited to security drafts, bonds, stock drafts, and items drawn on financial institutions outside of the United States. If you send us any non-cash items, we may make reasonable efforts to return them to you, but we assume no responsibility or liability for doing so. You will bear all risk of loss for any non-cash items that you send to us.

18. Transactions In Your Account - If we complete a transfer that you initiate or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may, in our sole discretion, reverse the transaction or offset the shortage with funds from any other deposit or credit account(s) you have with Wilmington Trust FSB to the extent permissible by applicable law and the terms of any other relevant agreements. We may also charge you an overdraft or return fee as set forth in the Fee Schedule for each such transfer.

As set forth in our Fee Schedule that is included in these Terms, we may charge you: (a) a per item overdraft fee each time we honor an item, in our absolute discretion, despite insufficient uncollected funds in the account; and (b) a "Return for Insufficient Funds" or non-sufficient funds (NSF) fee for each item that we dishonor due to insufficient uncollected funds. If we receive on a single business day more than one item for processing under your account, we will process these items in an order determined by us in our absolute discretion. If there are insufficient collected funds in your account at any time, the order of processing will affect which items are dishonored and how much you are charged for overdrafts and dishonored items. In addition to these fees relating to withdrawals and payments from your account, we will also charge you a Deposited Item Returned fee every time a check you deposit in your account is returned unpaid for any reason.

19. Automated Clearing House - An Automated Clearing House ("ACH") transaction is a banking term to refer to funds that are moved electronically from one party to another. Typically, you will authorize fund transfers, or ACH transactions, through our Online Banking Bank to Bank Transfers Service. You may also authorize recurring credits or payments from your account, which may take the form of ACH transactions. When you are a party to an ACH transaction, you agree to be bound by the National Automated Clearing House Association ("NACHA") operating rules then in effect for any ACH transactions. You agree that we may rely on the representations and warranties of the originator of the ACH transaction set forth in the NACHA operating rules in debiting or crediting your account. We will notify you of the receipt of any ACH entry only in your account statement, and you may confirm receipt by calling the telephone number listed at the beginning of these Terms or by reviewing your account information through our Online Banking service. You agree that payment of ACH entries will be processed on the basis of the identifying number, even if the identifying number identifies a person or entity different from the named party in the transaction. If you receive an unauthorized transaction posted to your account, you have fifteen (15) days from notification to notify us to return the item as unauthorized. We will not be able to return the item after that time without the cooperation and agreement of the originating bank and the originating company. Any other action must be conducted between you and the originator of the transaction.

20. Statements - The statement cycle for the account may be a calendar month or a calendar quarter, depending on account activity. We will provide or make accessible to you statement information electronically, including within our Online Banking service. At your request, and for a fee, we will send statements and any other communications to your most current address appearing in our records, which could be your email address. If a statement is unclaimed or undeliverable for any reason, we may discontinue sending statements until you instruct us to resume sending you statements.

21. Your Duty to Verify Statements - Subject to any different rule set forth in the "Electronic Fund Transfers (Regulation 'E')" section below: (a) You must review your statements and any returned items promptly, but in no event later than 30 days after their receipt, to verify that all charges, deposits and other transactions in your account are proper. (b) If you believe that there is any problem with your account or your statement, you must notify us promptly, but in no event may this notice be later than 30 days after we make available to you your statement or related items, unless a greater period of time is allowed under applicable law. (c) If you do not notify us within 30 days after we send or make available to you your statement or related items, we will have no liability for any losses that you incur as a result of such problem and you will lose your right to contest the validity of matters covered by the statement.

22. Set-Off - You agree that, to the extent that any person allowed to withdraw funds from your account owes Wilmington Trust FSB a debt that is due and payable, without prior notice and when permitted by law, we may set off any funds in your account against the debt. In other words, we may apply the funds in your account to repayment of the debt. If a deposit is made to the account from a source that, by law, cannot be used to offset your obligations to us, such as a Social Security payment, you agree that, once the funds are deposited into the account, they will lose their special protected character and will be subject to set-off in the same manner as other funds. However, within five (5) days after any such special deposit, you may call our Client Care Center (see "General" above) and direct us to reverse our set-off. In such an event, we will return to you the amount of your deposit and close the account. You will still be obligated to pay us the amount of any deficit in the account.

23. FDIC Insurance - Your deposits with Wilmington Trust FSB, including your deposits with WTDirect, are insured by the FDIC up to current FDIC insurance limits. Funds you hold in different ownership categories are insured separately from each other. Each of these ownership categories (i.e., single or joint) has specific requirements that must be met in order to receive separate insurance under the category. For further information on FDIC insurance coverage, please see the FDIC's brochure "Your Insured Deposits," or visit the FDIC website at www.fdic.gov.

24. Internet, Telephone Banking, and Inter-Bank Transfer Service - We offer (a) Online Banking, (b) Touch-Tone Banking, and (c) Bank To Bank Transfer services. The Online Banking service allows you to make transfers and obtain information on your Bank accounts safely, quickly and conveniently. The Touch-Tone Banking service allows you to move money between accounts you have with WTDirect and/or Wilmington Trust that are owned by the same persons. The Bank To Bank Transfer service allows you to transfer funds by means of an ACH transaction (a) from any account held by you at another U.S. chartered financial institution to your WTDirect savings account and (b) from your WTDirect savings account to any other account held by you at another U.S. chartered financial institutions.

25. ELECTRONIC FUND TRANSFERS (REGULATION "E")

25a. Types of Electronic Fund Transfers - You may use our Online Banking services to conduct the following types of transactions over the telephone or over the Internet:

(1) transfer funds between your WTDirect accounts;
(2) have direct deposits made to your WTDirect accounts;
(3) make preauthorized transfers from your WTDirect accounts; and
(4) initiate ACH transactions to or from your WTDirect accounts.

In addition to the above, you may use our Touch-Tone Banking service to transfer funds between your WTDirect accounts.

Further information concerning these different types of electronic banking transactions is set forth below. You cannot conduct transactions on the account by check, credit card, debit card or automated teller machine.

25b. Monthly Statements - You will get a monthly account statement unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

25c. Limitations on Electronic Fund Transfers - For security reasons, there are limitations on the frequency and dollar amounts of electronic fund transfers. Additionally, as noted previously, you are not permitted to make more than six transfers and withdrawals per calendar month (or statement cycle of at least four weeks) to another one of your accounts with us or to a third party.

25d. Direct Deposits and Preauthorized Payments - If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can find out whether or not the deposit has been made by reviewing your account through our Online Banking service, by calling 1-800-WTDIRECT.

You may authorize a person or company other than the Bank, such as an insurance company, utility or mortgage company, to initiate automatic withdrawals from your account. If regular payments of this type may vary in amount, the other person you are paying will send you in writing, at least 10 days before each payment, a notice of 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 of certain limits that you set.) Please note that these types of transactions will count towards the six transactions per monthly statement cycle limit noted previously.

25e. Right to Stop Transfers - Under the EFTA, you have certain stop payment rights and obligations for "preauthorized electronic fund transfers," or "PEFT." A PEFT is an electronic fund transfer that is authorized in advance to recur at substantially regular intervals. One-time transfers, however, are not PEFTs and are instead governed by the "All Other Electronic Fund Transfers" section below.

25f. Preauthorized Electronic Fund Transfers (PEFT)- By using the features available within OLB, you can stop any PEFT that you have authorized us to make. Alternatively, you can stop any such PEFT by calling us (see Section 25h for the telephone number). If you call, we may also require you to send us your request in writing within fourteen (14) days after you call. In general, whether you initiate the stop payment yourself or contact us to initiate the stop payment, you must do so no later than 11:00 p.m. Eastern Time on the Business Day prior to your requested transfer date. If you properly delete or update a PEFT instruction or direct us to do so within this timeframe and we do not do so, we will be liable only for your actual losses or damages. We will charge you a fee as set forth in the Fee Schedule for each stop payment order you give that involves a transfer to a party other than the Bank.

If you wish to discontinue or change your PEFT payments initiated by persons or companies other than us, such as insurance companies, utilities or mortgage companies, you must contact them directly.

25g. All Other Electronic Fund Transfers - You can stop a one-time electronic fund transfer that you have authorized us to make by following the procedures set forth in Section 25f above. However, you should note that the EFTA does not obligate us to honor this request, and we do not guarantee that the stop will be made in time.

25h. Reporting of Unauthorized Transactions or Lost or Stolen Login or Telephone Access Code - If you believe that any of your accounts has been accessed without your permission, any unauthorized transaction has been made or may be made from your account without your permission, your Login or Telephone Access Code has been lost or stolen, or your Login or Telephone Access Code has been used by someone without your permission, alert us IMMEDIATELY by calling us at 1-800-WTDIRECT, emailing us at ClientCare@WTDirect.com or writing to us at:

WTDirect
Client Care
P.O. Box 8892
Wilmington, DE 19899-8892

Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account if you do not contact us.

However, with respect to transactions covered under the EFTA, if you notify us within 60 days after you discover or should have been aware of any loss, theft, or unauthorized use of your Login or Telephone Access Code, provided that you have exercised appropriate account safeguarding practices and have complied with your responsibilities as set forth in these Terms, you will be covered for the amount of your direct losses resulting from such transactions. But if you do not notify us of such an event within 60 days, then you risk unlimited losses on these transactions. In addition, if you do not notify us of any unauthorized transactions that appear on any of your periodic statements, within 60 days after the statements are provided to you, you risk unlimited losses on transactions made after the 60-day period has passed if we can show that we could have prevented someone from taking the money had we been notified within this 60-day period.

If a good reason beyond your control (such as a long trip or a hospital stay) kept you from telling us, we may, at our sole discretion, extend the time periods.

25i. Business Days- Our business days are Monday through Friday, excluding legal public holidays.

25j. Bank Liability under the EFTA and Regulation E - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages. We will not be liable for consequential or punitive damages or any attorneys' fees that you may incur. However, there are some exceptions. We will NOT be liable for any damages if:

(1) through no fault of the Bank's, you do not have enough money in your account to make the transfer;
(2) if the account from which the transfer is to be made has been closed or frozen or is not in good standing,
(3) if we reverse a transfer because of insufficient funds;
(4) if any transfer exceeds our maximum transfer limits or does not meet any minimum transfer limits of the Bank;
(5) your computer, your software, any ISP or other Internet connection, or our Online Banking or Touch-Tone Banking service was not working properly and this problem should have been apparent to you when you attempted to authorize a transaction;
(6) you have not properly followed software or our Online Banking or Touch-Tone Banking service instructions on how to make a transaction;
(7) you have not given us complete, correct, and current instructions, account numbers, Login, Telephone Access Code and/or other identifying information so that we can properly credit your account or otherwise complete the transaction;
(8) you receive notice from another institution that any transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact;
(9) withdrawals from your Linked Account have been prohibited by a court order such as a garnishment or other legal process;
(10) you, or anyone you allow to use your Login or Telephone Access Code, or our Online Banking or Touch-Tone Banking service commits fraud or violates any law or regulation;
(11) circumstances beyond our control (such as fire, flood, telecommunications outages, postal strikes, delays caused by transferees, etc.) prevent the transfer, despite reasonable precautions that we have taken;
(12) we have reason to believe that the transaction is unauthorized. For example, if you attempt to use a Login or Telephone Access Code that has been reported lost or stolen; and/or
(13) you attempt to complete an impermissible transaction.

There may be other exceptions from liability contained in the Bank's other agreements with you.


25k. Disclosure of Information -
We will disclose information to third parties about your account or the transfer you make:

(1) where it is necessary for completing transfers or withdrawals,
(2) in order to verify the existence and condition of your account for a third party such as a credit bureau or merchant,
(3) in order to comply with government agency or court orders,
(4) to our affiliates, at our discretion, and
(5) if you give the Bank written permission.

See the Bank's Privacy Policy Notice in these Terms for more information.

25l. In Case of Errors or Questions About Your Electronic Fund Transfers - Telephone the Bank at 1-800-WTDIRECT or write to us at WTDirect, Client Care, P.O. Box 8892, Wilmington, DE 19899-8892 or log in to WTDirect.com and send a secure message to us if you think your statement or confirmation is wrong or if you need more information about a transaction listed on your statement or confirmation. CONTACT THE BANK IMMEDIATELY. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.

(1) State your name and account number.
(2) Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
(3) State the dollar amount of the suspected error.

If you tell us orally, you may be required to send us your complaint or question in writing, on a separate piece of paper (not your statement), within 10 business days.

We will determine whether an error occurred within 10 business days. If we need more time, however, we may take up to 45 days. If we decide to do this, we will credit your account for the amount you think is in error within 10 business days so that you will have the use of the money during the time it takes us to complete the 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 re-credit your account.

For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in the investigation.

26. Safety Tips for Using Touch-Tone Banking and Online Banking Services - We are committed to the security of our clients' accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your Touch-Tone Banking and Online Banking transactions.

The Login and your Telephone Access Code are the access devices to your accounts and other services. Providing the Login or Telephone Access Code to another person constitutes a grant of authority to access your accounts. The following guidelines, although not exclusive, should assist you in helping to maintain the security of your accounts:

(a) Do not keep your Login or Telephone Access Code in your purse or wallet or posted on or near your Computer or stored on your cell phone or other mobile device.

(b) You can choose a unique and easy to remember Telephone Access Code and password, but don't use your own birthday or social security number, since these numbers may be found in a wallet or purse.

(c) Never reveal your Login or Telephone Access Code to anyone, including any Bank employee (except for your User ID, which we may need you to provide to us in order for us to assist you with Online Banking service issues), particularly while on the telephone or while using the Internet when not connected directly to Online Banking. There is no way to restrict another person's activity once he or she has your Login or Telephone Access Code.

(d) Do not conduct online banking or telephone transactions for someone else. You are responsible for any item returned for any reason that was processed using your Online Banking Login or Touch-Tone Banking Telephone Access Code or through your account.

(e) Do not send your Login, Telephone Access Code or account information over any public or general email system.

(f) Do not leave your Computer or mobile device unattended while you are connected to our Online Banking service.

(g) Use the "Logout" link to properly exit our Online Banking service and our Website.

Please observe these guidelines and remember that you may be held liable for the use of your Login or Telephone Access Code and for the use of our Online Banking service until you have properly logged out.

The Bank or any company affiliated with the Bank will never contact you by email, telephone or other methods requesting your account number, Login, Telephone Access Code, security code or other confidential information. If you are contacted by anyone requesting this information, please contact us immediately.

27. ONLINE BANKING SERVICES

You must enroll in Online Banking at WTDirect.com in order to manage your WTDirect accounts. When you log in, you will be able to see your account status and account history, manage your account profile, and transfer funds online. We may from time to time introduce new or additional services to Online Banking. We will notify you of such new services when they become available. By using these new services when they become available, you agree to be bound by the rules concerning these services which will be sent to you and/or posted on our website.

If you access our website through a mobile device or if you access our mobile optimized website, some of the features and functions discussed in this section may not be available.

27a. OLB Transfer Services (including Bank to Bank Transfers) - Our OLB Transfer Service enables you to transfer funds between your accounts with us. In addition, this service enables you to transfer funds via an ACH transaction both (a) from any account held by you at another U.S. chartered financial institution to a WTDirect account and (b) from any of your WTDirect accounts to any other account held by you at another U.S. chartered financial institution, assuming that the transfer is permitted by the financial institutions and by law. This latter feature is referred in these Terms as the "Bank to Bank Transfer Service." All accounts that qualify for the Bank to Bank Transfer Service are referred to in this section as "Accounts."

Your ability to transfer funds between certain accounts is limited by federal law, as noted above. Transactions made using Online Banking, Touch-Tone Banking and other transfer methods described in these Terms are counted against the permissible number of transfers.

We will not be obligated to make any transfer unless the account from which you are transferring funds has sufficient funds available to cover the transfer on the date the Bank debits that account.

Any request for a transfer between accounts at the Bank that you initiate will be processed as follows: (a) a hold for the amount of the transfer will be immediately placed on the account from which the transfer will be made; and (b) the funds will be transferred to your account within three business days, not including the date on which the transfer request is made (or one business day, for a Next-Day Transfer), in each case, following the business day on which you initiate the request (or following the next business day, if your request date is not a business day).

The remaining terms and conditions in this section apply only to the Bank to Bank Transfer Service unless otherwise indicated. The Bank may employ one or more service providers in offering the Bank to Bank Transfer Service to you. Any reference to the Bank in this section also includes such service providers unless otherwise indicated.

You may access and use the Bank to Bank Transfer Service only through our Online Banking service. We reserve the right to obtain any information that we think is reasonably necessary to ensure that you or persons to whom you may transfer funds are not using the Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) or the United States Treasury Department.

We may verify any Account that you add to the Bank to Bank Transfer Service from time to time. You authorize us to validate the Accounts, which may be done through the use of a test transfer in which one or more low value payments will be credited to and/or debited from the Account. The test credit will always occur before any test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.

You understand that in order to complete Bank to Bank Transfers, it is necessary for us to access the websites and databases of other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the Bank to Bank Transfers you request. By using the Transfer Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such fund transfers or for any other purpose authorized by these Terms, and you assure us that by disclosing and authorizing us to use this information you are not violating any third party rights. You warrant and represent that the information you are providing us is true, current, correct and complete. You hereby authorize and permit us to use information submitted by you to accomplish these purposes and to configure the OLB Transfer Service to be compatible with the Accounts.

For as long as you are using the OLB Transfer Service, you give to us the right to access the Accounts, effect Bank to Bank Transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting Bank to Bank Transfers, including verifying the content and authenticity of any Bank to Bank Transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE EFFECTING A BANK TO BANK TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that the Bank, its affiliates, service providers and partners will be entitled to rely on the foregoing authorization and agency.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (A) OUR ACCESS TO THE ACCOUNTS; (B) ANY DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR BANK TO BANK TRANSFER INSTRUCTIONS; (C) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (D) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; AND (E) ANY FUND TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for Bank to Bank Transfers. Be sure to check with your other financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. The Bank is not responsible for any costs or losses incurred from Bank to Bank Transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

You may initiate Bank to Bank Transfers between any two of your Accounts for which you have provided the necessary information to us. Bank to Bank Transfers can be between Accounts within the same financial institution or at an unrelated financial institution (although transfers between Accounts at the same institution may be effected more quickly by contacting the institution directly).

Some of these services may not be available at all times. We may from time to time make available additional or new features to the Bank to Bank Transfer Service. You will be approved or declined for any such additional service at our sole discretion, and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any Bank to Bank Transfer from your Accounts. We may at any time decline to effect any fund transfer that we believe may violate applicable law.

You may not make Bank to Bank Transfers in excess of limits described on the Bank to Bank Transfer Service. We reserve the right to change from time to time the dollar amount of Bank to Bank Transfers you are permitted to make using our Bank to Bank Transfer Service. Without limiting the foregoing, in the event that your use of the Bank to Bank Transfer Service has been suspended and reinstated as provided in these Terms, you understand and agree that your use of the Bank to Bank Transfer Service after you are reinstated may be subject to lower dollar amount limitations than would otherwise be permitted by us.

We reserve the right to decline to effect any Bank to Bank Transfer, to submit Bank to Bank Transfer instructions or orders, or to carry out change or cancellation requests.

You authorize us to select any means to execute your Bank to Bank Transfer instructions. You understand that to effect your Bank to Bank Transfer instruction we use the ACH. Using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases, this is usually between 3-4 banking days or 1 business day if using Next-Day, our service provider will credit your Account. The sole purpose for our service provider's transfer account is to complete your Bank to Bank Transfer requests and for performing the Bank to Bank Transfer Service. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize us to collect from the Account to which the credit side of the Bank to Bank Transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original Bank to Bank Transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with your Bank to Bank Transfer transactions. We will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your account in the amount indicated.

You understand and agree that in the event that we are unable to execute your Bank to Bank Transfer request utilizing the ACH, we may use other established payment mechanisms in order to complete your Bank to Bank Transfer instructions, such as wire transfer or check.

In the event that we at any time incur a problem with your use of the OLB Transfer Service, including without limitation a failed attempt to debit any of your Accounts or to collect with respect to any of your fund transfers as described above, and without limiting any other right or remedy that we may have under these Terms or otherwise, we reserve the right to suspend your right to use the Bank to Bank Transfer Service, immediately and without prior notice to you. You understand and agree that it is reasonable for us to take this action in order to protect us from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under these Terms. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Bank to Bank Transfer Service. In the event that we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Bank to Bank Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Bank to Bank Transfer Service, we may, in our sole discretion, thereafter restore your ability to effect Bank to Bank Transfers subject to such higher limits as may then be in effect.

You understand that we must rely on the information provided by you, and you authorize us to act on any instruction that has been or reasonably appears to have been sent by you, to submit Bank to Bank Transfer instructions on your behalf. You understand that financial institutions receiving the Bank to Bank Transfer instructions may rely on such information. We are not required to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights that you may have against another financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

As a condition of using the Bank to Bank Transfer Service, you warrant to us that you will not use the Bank to Bank Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by these Terms or by any applicable law or regulation. You further warrant and represent that you will not use the Bank to Bank Transfer Service in any manner that could damage, disable, overburden, or impair the Bank to Bank Transfer Service or interfere with any other party's use and enjoyment of the Bank to Bank Transfer Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bank to Bank Transfer Service. You agree that these warranties and representations will remain in full force and effect even if these Terms terminate for any reason.

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of Bank to Bank Transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and Bank to Bank Transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

If fund transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that the financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

In accessing and using the Bank to Bank Transfer Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Bank to Bank Transfer Service, or your joint account can be operated on your instructions alone. We may end your use of the Bank to Bank Transfer Service if any joint account holder notifies us that (1) they never consented to your use of our Bank to Bank Transfer Service, (2) the joint account can no longer be operated on your instructions alone, or (3) they are withdrawing consent for you to operate the joint account.

You authorize us to select any means that we deem suitable to provide your Bank to Bank Transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, fund transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable fund transfer systems, such as CHIPS or ACH as published by NACHA. We will make all reasonable efforts to ensure that your Bank to Bank Transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period, and any interest earned will be the property of the Bank.

If we do not provide a Bank to Bank Transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable Bank to Bank transfer instruction, we will be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.

You agree that your Bank to Bank Transfer instructions constitute authorization for us to complete the Bank to Bank Transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any Bank to Bank Transfer you request that we make on your behalf through the Bank to Bank Transfer Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of the Bank, you do not have enough money to make the Bank to Bank Transfer and the Bank to Bank Transfer is not completed or is later reversed or if your financial institution does not permit the Bank to Bank Transfer or the Bank to Bank Transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire, flood, communication or Internet problems or failure of other financial institutions systems) prevent us from making a Bank to Bank Transfer or if our website was not working properly and you knew about the breakdown when you started the Bank to Bank Transfer.

YOU UNDERSTAND AND AGREE THAT OUR BANK TO BANK TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK TO BANK TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANK TO BANK TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON OUR WEBSITE OR IN THESE TERMS, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANK TO BANK TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BANK TO BANK TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE BANK TO BANK TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THESE TERMS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR OTHER DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE BANK TO BANK TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK TO BANK TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless the Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Bank to Bank Transfer Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to these Terms, your violation of these Terns or your infringement, or infringement by any other user of your Accounts, of any intellectual property or other right of any person or entity.

You understand and agree that the Bank's service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; you are the rightful owner of the Accounts linked for the purposes of Bank to Bank Transfer Service; and you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties in these Terms, the limitations on our liability and our rights to indemnification under these Terms are continuing and will survive any termination of these Terms, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

27b. Computer Requirements - In order to use Online Banking, you will need the type of computer, related equipment, and software described in our Online Banking FAQs found under the HELP link. You are responsible for the installation, maintenance, and operation of your Computer and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not correctly operate your Computer or your software. We are not responsible for any errors or failures from any malfunction of your Computer or your software. We are not responsible for any Computer virus-related problems that may be associated with the use of Online Banking. We will have no liability to you for any damages or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or your software.

27c. Login - You will need your Login to gain access to Online Banking. Use of your Login is the agreed upon security procedure between you and the Bank. Keep your Login confidential in order to prevent unauthorized use of your Login, possible loss to your accounts, and/or unauthorized use of Online Banking. Anyone to whom you give or disclose your Login will have full access to your accounts, even if you attempt to limit that person's authority. If you forget your Password, User ID, security questions and/or security answers, contact us.

27d. Hours of Service Availability - Online Banking is generally available 24 hours a day, seven days a week, except as noted in the "Changes/Interruptions in Services" section below.

27e. Changes/Interruptions in Services - We may on a regular basis perform maintenance on our equipment or systems that may result in interrupted service or errors in OLB and Touch-Tone Banking. We also may need to change the scope of OLB from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

You may be unable to access OLB, Touch-Tone Banking, any ISP or the Internet at any given time, and disconnections may occur from time to time. During your online session, you will be automatically disconnected following approximately 13 minutes of inactivity. (You may then log on again, if desired.)

28. OTHER THINGS THAT YOU NEED TO KNOW

28a. Your Responsibility and Liability - You must have enough available funds or credit in any account from which you initiate or authorize us to initiate a transfer, or for you to initiate or authorize any other transaction involving the transfer of funds.

You are responsible for all transactions that you initiate or authorize, including any transactions that you may unintentionally or inadvertently initiate, and any losses, charges, or penalties incurred as a result. If you permit other persons to use OLB or your Login, or Touch-Tone Banking or your Telephone Access Code, you are responsible for any transactions they initiate, including any losses, charges, or penalties incurred as a result. You are responsible for properly logging out of OLB and our website by following the "Logout" process.

In regard to the Bank to Bank Transfer Service, you are responsible for providing us with the proper transferee identification information, including the transferee's address, telephone number, the transferee's ABA routing number, and your identification or account number with the transferee. If any of your transferee information changes after you enroll and/or initiate any Bank to Bank Transfer instruction, you are responsible for making the change and/or notifying us of these changes. In some cases, you may have to re-enter the transferee. We are not liable or responsible if you fail to give us the correct information, and you should take the matter up with the transferee receiving the funds.

If the account is for more than one person, each of you individually and all of you together agree to the Terms for yourself, any person you represent and any person you permit to use the account or any services in connection with the account. You authorize us to deduct our fees and charges from your account balance and you agree to immediately pay any account deficit resulting from charges or overdrafts, whether caused by you or any other person who is authorized to use your account. You will also pay us any costs that we incur to collect the deficit, including our reasonable attorneys' fees, that we are legally permitted to charge to you.

Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use our Online Banking or Touch-Tone Banking service. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorneys' fees) arising from any such claims or actions. You are jointly and severally liable under these Terms.

If you ask us to undertake any special services in connection with your account, we may charge you a reasonable fee for the services and deduct this fee from your account balance.

The responsibilities set forth in this Section are in addition to your responsibilities set forth in other parts of these Terms.

28b. Our Responsibility and Liability - We do not warrant or guarantee that OLB, Touch-Tone Banking, the Internet or our suppliers will be available on a specified date or time or that OLB, Touch-Tone Banking and the Internet will have the capacity to meet your demand during specific hours. Neither we nor our suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, OLB, Touch-Tone Banking or products provided under these Terms. Neither we nor our suppliers will be liable for unauthorized access to our transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of the Bank's or its supplier's negligence.

Notwithstanding the above, in no event will the Bank or its suppliers be liable for indirect, special, incidental, consequential, economic, punitive, or other damages, including but not limited to loss of data or revenue or profits, arising out of the installation, use or maintenance of OLB, Touch-Tone Banking and/or its related equipment, software, or online services or the Internet, or any attorneys' fees you may incur. In any case, we will be liable only for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such error(s).

There may be other exceptions to the Bank's liability as stated elsewhere in these Terms.

28c. No Warranty - WE MAKE NO WARRANTY TO YOU REGARDING ONLINE BANKING, TOUCH-TONE BANKING, YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

28d. Notices and Communications - We may not immediately receive email that you send, including messages you may send to us through the electronic messaging feature within OLB. Therefore, you should not rely on email or electronic messaging if you need to communicate to us immediately. For example, if you need to report a lost or stolen Login or Telephone Access Code or report an unauthorized transaction from one of your accounts, you should contact us immediately by calling WTDirect Client Care (see Section 25h). We will not take actions based on your email or electronic messaging requests until we actually receive your message and have a reasonable opportunity to act.

Notices from you will be effective when received by mail at the address specified in these Terms. Except as otherwise provided in these Terms, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through OLB, at this electronic site or at the last known email address that we have for you in our records.

28e. Third Party Networks - You may not resell or redistribute any services you receive through OLB, Touch-Tone Banking or from our suppliers.

You acknowledge and agree that neither the Bank nor its suppliers are responsible for the content of your transmissions that may pass through any ISP or over the Internet. You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited email ("spamming"), propagating computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties.

28f. Third Party Software; Virus Protection- We make no representations or warranties regarding the accuracy, functionality, configuration, or performance of any third party software that may be used in connection with OLB, including, but not limited to, personal financial management software, internet browsers, and pop-up blocking software.

We are not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your Computer, diskettes, and software using a reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your Computer. Additionally, you may unintentionally transmit the virus to other Computers, diskettes, and software.

28g. Additional Amendment to this Agreement - Where the EFTA and REG E apply, we may amend these Terms at any time by sending notice to you by mail or, to the extent permitted by law, by email or electronic communication through OLB, before the effective date of the amendment. Where the EFTA and REG E apply, at least 21 days' advance notice is always required if the change would result in:

  • Increased fees that you may have to pay;
  • Increased liability to you;
  • Fewer types of available electronic fund transfers; or
  • Stricter limitations on the frequency of dollar amount of transfers.

If the EFTA and REG E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic funds transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next scheduled periodic statement or within thirty days of making the change permanent.

If the EFTA and REG E do not apply to a particular transaction, and other applicable state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.

28h. Assignment/Transfer - We may assign our rights and delegate our duties under these Terms to a company affiliated with the Bank or to any other party. You may not assign or transfer your account to anyone else without our prior written consent.

28i. Termination - We reserve the right to terminate these Terms and your use of OLB or Touch-Tone Banking, in whole or in part, at any time without prior notice.

If you terminate OLB or Touch-Tone Banking, you authorize us to continue making transfers you have previously authorized and continue to charge any applicable fees until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers from your accounts, including any transfers you have previously authorized. If we terminate your use of OLB or Touch-Tone Banking, we reserve the right to make no further transfers from your accounts, including any transactions you have previously authorized.

In the event that you or the Bank terminates these Terms and your OLB access, you will still continue to be bound by and must comply with any other agreements, disclosures and fee schedules governing your accounts with us.

28j. No Waiver - We will not be considered to have waived any of our rights or remedies unless the waiver is in writing and signed by us. No delay or omission on our part in exercising our rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

28k. Captions - The captions of sections hereof are for convenience only and will not control or affect the meaning or construction of any of the provisions of these Terms.

28l. Governing Law - Regardless of where you live or work or where you access OLB or Touch-Tone Banking, these Terms will be governed by, and construed in accordance with, the federal laws of the United States of America and applicable Maryland laws.

28m. Enforcement - In the event that either party brings legal action to enforce these Terms or collect overdrawn funds on accounts accessed under these Terms, the prevailing party will be entitled, subject to applicable law, to payment by the other party of its reasonable attorneys' fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Maryland if allowed by applicable law.

28n. Severability - Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intent of these Terms, and the remaining portions will remain in full force and effect.

28o. Definitions - The following words will have the meanings specified below when used in these Terms. Some other capitalized words are defined elsewhere in these Terms in the context of the provisions in which they are used.

"ACH" means the Automated Clearing House.

"Bank to Bank Transfer Service" or "OLB Bank to Bank Transfer Service" means that part of our Online Banking Transfer Services through which you may initiate transfers between accounts you have with us and accounts that you have with other U.S. chartered financial institutions.

"Bank to Bank Transfers" mean fund transfers between accounts that you have with us and accounts that you have with other U.S. chartered financial institution.

"Business Day" means a day other than Saturdays, Sundays, and Bank holidays as scheduled by the Bank in Baltimore, Maryland.

Your "Computer" means your computer or other access or electronic device that you use to access our website, and the related equipment that you use for this purpose.

"EFTA" means the federal Electronic Fund Transfer Act, 15 United States Code, Section 1693 et seq., as it may be amended from time to time.

"Linked Account" means a personal deposit account that you have with another U.S. chartered financial institution: (1) from which you have asked us to transfer funds to establish your initial deposit; and/or (2) that you set up through the Bank to Bank Transfer service.

"Login" means your unique User ID, Password, Security Image and Security Caption that you use to access and use our Online Banking service.

"NACHA" means the National Automated Clearing House Association.

"Next Day Transfer" means a Bank to Bank Transfer initiated through our Online Banking Transfer Services between accounts you have with us and accounts that you have with other U.S. chartered financial institutions that will generally reach your Linked Account on the next business day.

"OLB" means our Online Banking service.

"OLB Account Access" means the component of our Online Banking service through which you can access your account information and conduct various banking functions.

"OLB Transfer Service" or "Online Banking Transfer Service" means the component of our Online Banking service through which you can initiate fund transfers: (1) between qualifying accounts with the Bank; and (2) between qualifying accounts with the Bank and another U.S. chartered financial institution.

"REG E" means the Federal Reserve Board's Regulation E, which implements the EFTA, 12 Code of Federal Regulations Section 205.1 et seq., as it may be amended from time to time.

"Telephone Access Code " is the personal identification number that you use to access and use our Touch-Tone Banking service.

"Terms" mean all of the terms included in this document, plus applicable federal and Maryland laws and regulations that may apply to this account.

"U.S." means the 50 United States and the District of Columbia.


ARBITRATION AGREEMENT

READ THIS ARBITRATION AGREEMENT CAREFULLY. IT WILL HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS.

You and we agree that either party may elect to arbitrate - and require the other party to arbitrate - any Claim under the following terms and conditions. Certain capitalized and other terms are defined below under the heading "Definitions." This Arbitration Agreement is part of the Terms governing the WTDirect Savings Account we are providing to you. It also covers any other Deposit Accounts and Consumer Credit Transactions that you have with Wilmington Trust FSB.


RIGHT TO REJECT ARBITRATION AGREEMENT


If you act promptly, you may reject this Arbitration Agreement, in which event neither you nor we will have the right to require arbitration of some or all Claims. Rejection of the Arbitration Agreement will not affect any other aspect of any Deposit Account or Consumer Credit Transaction with us. To reject the Arbitration Agreement, you must act within the time frame and follow the instructions set forth below under the caption "Rejection of Arbitration Agreement."


IMPORTANT NOTICE AND LIMITATIONS

If you or we elect to arbitrate a Claim, neither you nor we will have the right: (1) to have a court or a jury decide the Claim; (2) to engage in pre-arbitration discovery (i.e., the right to obtain information prior to the hearing) to the same extent that you or we could in court; (3) to participate in a class action in court or in arbitration, either as a class representative or a class member; (4) to act as a private attorney general in court or in arbitration; or (5) to join or consolidate your Claim(s) with claims involving any other person's deposit account or consumer credit transaction. The right to appeal is more limited in arbitration than in court. Other rights that you would have if you went to court may also not be available in arbitration. This Arbitration Agreement does not just apply to your existing Deposit Account(s). It applies to your Consumer Credit Transaction(s) as well.

Definitions. Certain terms are defined elsewhere in these Terms. As used solely in this Arbitration Agreement, the following definitions will apply:

"You," "your" and "yours" are defined more broadly than in the Terms generally and mean each and every person who has signature authority on or is authorized to use any Deposit Account, and their heirs, executors, predecessors, successors and assigns.


"We," "us"
and "our" mean Wilmington Trust FSB (including WTDirect) and any Covered Provider; all of their parents, wholly or majority owned subsidiaries and affiliates; any predecessors, successors and assigns of these entities; and all officers, directors, employees, agents and representatives thereof.


"Administrator"
means the American Arbitration Association or the National Arbitration Forum, as applicable, provided that no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Agreement. Each of these companies maintains an Internet website, publishes pamphlets, and is otherwise available to answer frequently asked questions about arbitration. We encourage you to contact them directly with any questions you may have about them or arbitration. You can contact them at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; or American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879.

"Claim" means any legal claim, dispute or controversy between you and us that: (1) cannot be resolved without a judicial or arbitration proceeding; and (2) arises from or relates in any way to any Deposit Account or Consumer Credit Transaction or the relationships resulting from any Deposit Account or Consumer Credit Transaction, including any dispute concerning the validity or enforceability of this Arbitration Agreement, any Deposit Account or any Consumer Credit Transaction or concerning whether a dispute is arbitrable. However, "Claim" does not include any Excluded Claim or Proceeding.

Without limiting the above definition, the term "Claim" covers any legal claim, dispute or controversy, other than an Excluded Claim or Proceeding, arising from or relating to: (1) the signature card(s) for any Deposit Account; (2) applications, disclosures and other documents, including these Terms, related to or evidencing any Deposit Account; (3) any notes or loan agreements, mortgages, deeds of trust, deeds to secure debt, security agreements, applications, disclosures and other documents relating to or evidencing any Consumer Credit Transaction; (4) any insurance or other service or product offered or made available by or through us in connection with any Deposit Account or Consumer Credit Transaction, and any associated fees or charges; and (5) any documents, instruments, advertising or promotional materials that contain information about any Deposit Account or Consumer Credit Transaction or any associated insurance or other service or product. It include legal claims, disputes or controversies relating to past, present or future acts or omissions.

"Claim" is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to initial claims, amended claims, new claims asserted in existing litigation, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. It includes disputes that arose before the date of this Arbitration Agreement.

"Covered Provider" means any third party that provides any product or service in connection with any Deposit Account or Consumer Credit Transaction if, and only if, such third party is named as a co-defendant with us in a Claim asserted by you. "Covered Provider" may include, as applicable, investors or potential investors, real estate brokers, mortgage brokers, credit bureaus, appraisers, mortgage life insurance companies, credit insurance companies, providers of extended service contracts, private mortgage insurance companies, closing agents, escrow agents, insurance agents, title insurance companies, loan originators, rating agencies, loan servicers, debt collectors, motor vehicle dealers, motor vehicle manufacturers, motor vehicle insurers and, for any student loan transaction, the "School," as defined in the promissory note for such transaction.

"Consumer Credit Transaction" means any existing, past or future consumer loan or consumer extension of credit (other than an FFELP loan) originated, owned and/or serviced by us, and any modification, extension or forbearance of any such loan or credit extension. However, "Consumer Credit Transaction" does not include any loan or extension of credit sold to or insured or guaranteed by any U.S. government agency or government sponsored enterprise (such as "Fannie Mae" or "Freddie Mac") if, at the time that any party seeks to initiate arbitration under this Arbitration Agreement, application of this Arbitration Agreement to such loan or credit transaction would be prohibited by the rules, regulations, policies or governing practices of such government agency or government sponsored enterprise.

"Deposit Account" means any existing, past or future deposit account that you open with us, regardless of whether it is still open.

"Excluded Claim or Proceeding" means any of the following claims or proceedings, which will not be subject to this Arbitration Agreement: (1) any legal claim, dispute or controversy that is governed by the terms of a subsequent arbitration agreement between you and us; (2) any legal claim, dispute or controversy that is governed by a properly and timely delivered arbitration rejection notice; (3) any individual action brought by you in small claims court or your state's equivalent court, unless such action is transferred, removed, or appealed to a different court; (4) any legal claim, dispute or controversy concerning the validity and effect of the section of this Arbitration Agreement captioned "No Class Actions," even if such legal claim, dispute or controversy arises in connection with or as part of a larger or separate legal claim, dispute or controversy; (5) any action to effect a judicial foreclosure or transfer of a deed of trust; (6) any eviction or other summary proceeding to secure possession of real property securing a Consumer Credit Transaction; (7) any action to assert, collect, protect, realize upon or obtain possession of the collateral for a Consumer Credit Transaction in any bankruptcy proceeding; (8) any action to quiet title; and (9) any action insofar as it seeks provisional or ancillary remedies in connection with any of the foregoing. Notwithstanding the prior sentence, at your request we will agree to arbitrate under this Arbitration Agreement any matter covered by items (5)-(9) above if a court determines as an initial matter that neither we nor you will lose any material substantive rights we or you are seeking to enforce by arbitrating rather than litigating the matter in question.

Starting an Arbitration. To start an arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim will be resolved by arbitration under this Arbitration Agreement and the applicable rules of the Administrator then in effect. You can select the Administrator in your written notice electing to arbitrate, or by giving us written notice of your selection within 20 days after our election to arbitrate. If you do not select the Administrator on a timely basis, we will do so. The arbitrator will be selected under the Administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise. Our address for giving notices relating to this Arbitration Agreement is Wilmington Trust, Legal Division - Arbitration Notice, 1100 North Market Street, Wilmington, Delaware 19890.

No Class Actions. If you or we elect to arbitrate a Claim, neither you nor we will have the right: (1) to participate in a class action in court or in arbitration, either as a class representative or a class member; (2) to act as a private attorney general in court or in arbitration; or (3) to join or consolidate your Claims with claims of any other person.

Location and Costs. Any arbitration hearing that you attend will take place in a location that is reasonably convenient to you. If you initiate or seek to initiate an arbitration and cannot obtain from the Administrator a waiver of the filing, administrative, hearing and/or other fees charged by the Administrator or the arbitrator, upon your written request we will consider in good faith paying such fees on your behalf. We will not seek or accept reimbursement for any Administrator or arbitrator fees we have paid. Unless inconsistent with applicable law or any agreement between you and us, each party will bear the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration.

Discovery; Getting Information.In addition to the parties' rights under the Administrator's rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.

Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"); and (2) Claims involving more than $50,000 in monetary relief or equitable relief that would potentially cost either you or we more than $50,000. For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's costs, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the cost if you appeal. In the event of such an appeal, all references to the "arbitrator" will be deemed to refer to the three-arbitrator panel, acting by majority vote.

Governing Law.This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the FAA, and not by any state law concerning arbitration. To the extent that state law is relevant to matters arising under this Arbitration Agreement, the law of the State of Maryland will govern. The arbitrator will follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and will be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief, and attorneys' fees and costs. Upon the timely request of either party, the arbitrator will write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement and the Administrator's rules.

Survival, Severability, Primacy.This Arbitration Agreement will survive the closing of your Deposit Account; your full payment of the Consumer Credit Transaction; our sale or transfer of the Deposit Account or Consumer Credit Transaction; any foreclosure or other legal proceeding by us to collect a debt owed by you; the transfer of any property securing the Consumer Credit Transaction; your bankruptcy; and any rescission by you or any attempt by you to rescind the Consumer Credit Transaction pursuant to any applicable law. If any portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply. However, if the "No Class Actions" provision is struck in a proceeding brought as a class action or representative action, the entire Arbitration Agreement (other than this sentence) will be null and void in such proceeding, provided that we and you retain the right to contest through appeal or further available judicial proceedings any determination with respect to the "No Class Actions" provision. In the event of any conflict or inconsistency between this Arbitration Agreement and the Administrator's rules or any other documents relating to a Deposit Account or Consumer Credit Transaction, this Arbitration Agreement will govern, provided that any arbitration agreement or arbitration provision contained in Consumer Credit Transaction documents will govern in the event of any inconsistency between that arbitration agreement or arbitration provision and this Arbitration Agreement.

Modification or Replacement of this Arbitration Agreement.You may not modify or replace this Arbitration Agreement. You understand and agree that no employee of ours, other than our executive officers and attorneys, has authority to agree to or accept any modification, replacement or termination of this Arbitration Agreement that you propose, and any such modification, replacement or termination that is not signed by one of our executive officers or attorneys will be null and void. We may modify or replace this Arbitration Agreement by providing you with written notice of the modification or replacement and giving you an opportunity to reject the modification or replacement.

Rejection of Arbitration Agreement.You may reject this Arbitration Agreement (and any prior arbitration agreement between you and us) by sending us a notice ("Rejection Notice") that we receive within sixty (60) days after the date such Deposit Account is established. (Any Rejection Notice we receive will apply only to such Deposit Account and not to any other Deposit Accounts.) Any Rejection Notice must include your name, address, telephone number and the applicable Deposit Account number. Unless we subsequently provide you with a different address and/or fax number, you must mail your Rejection Notice or send it by messenger service (such as Federal Express) to Wilmington Trust, Indirect Client Services Administration - Arbitration Notice, 1100 North Market Street, Wilmington, Delaware 19890-1700 or fax it to (302) 636-6200. In the event of any dispute concerning whether you have provided a timely Rejection Notice, you must provide a signed receipt or a fax confirmation. This is the only method you can use to reject the Arbitration Agreement. If the Rejection Notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on your behalf.


WTDirect High-Interest Online Savings Account