Fee Disclosures & Cardholder Agreement

Cardholder Agreement

Updated: February 11, 2022

IMPORTANT – PLEASE READ CAREFULLY

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the Direct, Inc. (“Direct”) Prepaid Debit Card has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement.

Definitions

"Card" means the Direct Prepaid Debit Card issued to you by CBW Bank (“Bank”).

"You", "your", “Cardholder” and "Owner," means the Owner of the Card.

"We," "us," and "our" mean CBW Bank, our successors, affiliates or assignees. In its capacity as manager of the Direct Prepaid Debit Card, Direct, Inc. acts as an agent of the Bank.

"Value" means funds.

"Value load" and "value loading" means adding funds to your Card.

"Available value" means the value of funds available on your Card at any given time.

Terms and Conditions for Your Direct Card

The Card is a prepaid debit card. The Card allows you to access funds placed on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on your funds on the Card. The Card will remain the property of CBW Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference. The Bank's business days are Monday-Friday, excluding bank holidays.

Obtaining Your Card: The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you obtain a Card, we will ask for your name, address, date of birth, identification number and other information that will allow us to reasonably identify you. We may also ask to see your driver's license or other identifying documents at any time. You must be at least eighteen (18) years of age to obtain a Card.

Owner: You are responsible for all authorized transactions initiated and fees incurred by the use of your Card. If you permit another person to have access to your Card, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of all Cards according to the terms and conditions of this Agreement.

Authorized Users: All Authorized Users must be at least eighteen (18) years of age.

Personal Identification Number ("PIN"): We will give you a Personal Identification Number ("PIN"). With your PIN, you may use your Card, (i) to obtain Cash from any domestic (located in the United States) Automated Teller Machine ("ATM") which bears MasterCard®, Cirrus®, Maestro® or NYCE® brand or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN that bears the MasterCard®, Cirrus®, Maestro® or NYCE® brand or that accepts MasterCard®, Cirrus®, Maestro® or NYCE® brand cards. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

Loading Your Card: You may add value to your Card, called "value loading", at any time. You may add value to your Card via direct deposit, or ACH transaction from your checking or savings account. You can obtain information on how to load value to your Card at www.directb.net. The initial value load must be made via ACH transfer. The minimum amount of the initial value load is $0.01. The maximum amount of the initial value load is $15,000.00. The minimum amount of each value reload is $0.01. After the Initial Week, the maximum amount of each value reload is $15,000.00 if loading via ACH transaction. You can load no more than $100,000.00 per month on to your Card. You will have access to your available value at the times specified below. Please note the available value schedule varies with each loading method:

• Direct Deposit/ACH: Same day as received.

Funding Account: The funding account from which a value load is initiated must bear the same name as the Cardholder. Direct and Bank reserve the right to request documentation to verify the ownership of the account if utilizing a checking or savings account. Failure to provide such documentation can result in closure of the Card.

Closing Your Card: You may close your Card at any time by returning your Card to us or sending us notification that you no longer wish to hold a Card. Upon receipt of that notice, we will require you to return your Card to us. When you close your Card, you will be liable for any charges still pending on your Card at the time of closure. If you wish to close your Card, you agree to notify us of this intention in writing. After a Card is closed, we have no obligation to accept value loads or pay outstanding items, but may do so at our sole discretion. After a Card is closed, any access point to Card information, including your Account, will no longer be active. You agree to hold us harmless for honoring or refusing to honor any item on a closed Card. A Bank check will be sent to the address on file within 14 business days of your final transaction and/or our receipt of all required documentation for closing the Card. All related closing fees as noted in our Schedule of Fees may be deducted from the final balance. If your balance is $10.00 or less, the Bank will not send a check for the balance. The Bank reserves the right to close your Card at any time.

Using Your Card

The maximum amount of cash that can be withdrawn using your Card at a Domestic ATM is $1,000.00 per twenty-eight (28) days, with a maximum amount of $500.00 per withdraw and a maximum of 15 transactions per twenty-eight (28) days. The maximum amount of cash that can be withdrawn using your Card at a POS device is $500.00 per twenty-eight (28) days, with a maximum amount of $100.00 per transaction and a maximum of 20 transactions per twenty-eight (28) days. The maximum amount of cash that can be spent on your Card using a POS device is $50,000.00 per twenty-eight (28) days, with a maximum of $15,000.00 per transaction and a maximum of 100 transactions per twenty-eight (28) days. The maximum amount of cash that can be transferred via DDA is $50,000.00 per twenty-eight (28) days, with a maximum of $15,000.00 per transaction and a maximum of 10 transactions per twenty-eight (28) days. No more than $10,000.00 per day and $50,000.00 per twenty-eight (28) days can be used in total with your Card. The maximum Value of your Card is restricted to $50,000.00. You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the Value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough Value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called "split transactions." Some merchants do not allow Cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there is sufficient Value available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available Value until the merchant sends us the final payment amount of your purchase. If a hold is placed on your Card, you will be notified of the hold by Direct. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to thirty (30) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at a Domestic Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.

You should keep track of the amount of Value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current Value on your Card. Cardholder services are available 24 hours a day, 7 days per week at the following number1-833-263-2826.

Each time you use your Card, you authorize us to reduce the Value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the Value available on your Card (creating a "shortage") you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Card should you create one or more shortages with your Card.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You do have the right to stop payment on any pre-authorized, scheduled future transaction with at least a three (3) business day notice prior to the date of the scheduled transaction. You must notify us in writing on the form provided by Direct to stop payment on any pre-authorized transaction. If you do not submit this form, future payments will be allowed from your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of Value for up to thirty (30) days. Transactions at certain merchants especially, car rentals and hotels, may result in a hold for that amount of Value for up to ninety (90) days. You will be notified by Direct in the event that a preauthorized regular payment fails for any reason.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

International Transaction Fee

If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard® into an amount in the currency of your Card. MasterCard® will establish a currency conversion rate for this convenience using a rate selected by MasterCard® from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. This percentage amount is independent of any amount taken by us in accordance with the following section of these Terms & Conditions.

If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, we will charge a fee of 3% of the total transaction amount and will retain this amount as compensation for our services. This charge is independent of the currency conversion rate established by MasterCard®.

Receipts

For transactions over $15, you should get a receipt at the time you make the transaction or obtain cash using your Card. In some cases, you may receive a receipt even if the transaction is $15 or less. You agree to retain your receipt to verify your transactions.

Payment Review

Payment Review is a process by which our processor, Fidelity Information Systems, (FIS), reviews certain potentially high-risk transactions. If a payment or transfer is subject to Payment Review, FIS will place a hold on the payment or transfer and provide notice to the Sender of the delay. FIS will conduct a review and either clear or cancel the transaction. If the transaction is cleared, FIS will provide notice to the Sender and Recipient. Otherwise, FIS will cancel the transaction and the funds will be returned to the Sender.

Calls and Messages to You; Mobile Telephone Numbers

By providing Direct with your telephone number (including your wireless/cellular telephone number), you consent to receiving autodialed and prerecorded message calls and Short Message Service (SMS), push notifications, or other text or email messages from Direct at that number, including transaction verification requests. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.

Obtaining Information About Your Card

You may obtain information about the amount of money you have remaining on your Card by calling 1-833-263-2826, or by calling the number on the back of your Card. This information, along with a 12-month history of Card transactions ("Transaction History"), is also available electronically by logging in to your Account at www.directb.net or logging in to your Account via the DIRECT mobile app. You also have the right to obtain a 24 months of written history of Card transactions by emailing clientservice@directb.net. You will not be charged a fee for this information unless you request it more than once per month.

Fees

All fee amounts will be withdrawn from your Card and will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Anytime your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount. All fees associated with your Direct Card are disclosed herein.

For more information about prepaid card products please visit cfpb.gov/prepaid.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, in no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. There are some exceptions to our liability. We will not be liable, for instance:

• If, through no fault of ours, you do not have enough Value available on your Card to complete the transaction;

• If a merchant refuses to accept your Card;

• If an ATM where you are making cash withdrawal does not have enough cash;

• If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

• If access to your Card has been blocked after you reported your Card lost or stolen;

• If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;

• If we have reason to believe the requested transaction is unauthorized;

• If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;

• Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Your Card is the same as cash and the loss, theft or unauthorized use of your Card could cause you to lose all value on your Card. You are responsible for all transactions initiated through the use of your Card, including any PIN-based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else. You must report unauthorized transactions immediately and/or notify us immediately if you believe your Card has been lost or stolen, by calling us at 1-833-263-2826. Only transactions determined to be fraudulent or unauthorized that occur after notification to us will be credited to the Card. Therefore, it is imperative that you notify us immediately upon discovery of unauthorized use, loss or theft of the Card. You are responsible for transactions that occur between the time the Card is lost or stolen and the time we are actually notified. When reporting a lost or stolen Card, you will be required to provide us with your name, the Card number, your most recent transaction(s) and any other personal information necessary to verify your identity and your ownership of the Card. Once this information is verified, we will either reissue a Card or refund the remaining balance, subject to the $7.95 Card Replacement Fee or the $30.00 Expedited Replacement Card Fee in the Fee Schedule, above, and subject to the settlement of any pending transactions on the Card. Please be advised that we reserve the right to require an affidavit confirming the information you provide related to your lost or stolen Card prior to the issuance of a replacement Card or refund. Please also be advised that it is your responsibility to take reasonable measures to safeguard your Card from loss or theft and failure to take such measures may result in the denial of any lost or stolen funds. You agree to fully cooperate with us in our investigation of any possible unauthorized use of your Card.

Protecting Your Cards

• This Card is equivalent to cash and should be treated as such.

• Don't carry your PIN in your wallet or purse or write it on your Card.

• Never write your PIN on the outside of papers that could be easily lost or seen.

• Carefully check ATM or POS transactions before you enter the PIN or before you sign the receipt; the funds for this item will be fairly quickly transferred out of your Card.

• Periodically check your Card Transaction History. This is particularly important if you shop online. Compare the current balance and recent withdrawals or transfers to those you've recorded, including your current ATM and POS withdrawals and purchases and other transfers. If you notice transactions you didn't make, or if your balance has dropped suddenly without activity by you, immediately report the problem to your Card issuer. Someone may have co-opted your Card information to commit fraud.

• MasterCard provides Zero Liability for "unauthorized purchases." Zero liability applies to purchases made in the store, over the telephone or online. As a Cardholder, you will not be held responsible in the event of unauthorized purchases provided that the following conditions are met:

  • Your Card is in good standing.

  • You have exercised reasonable care in safeguarding your Card from any unauthorized use. Unauthorized use means that you did not provide, directly, by implication or otherwise, the right to use your Card and you received no benefit from the "unauthorized" purchase.

  • You have not reported two or more unauthorized events in the past 12 months.

• Zero Liability does not apply to MasterCard or Debit MasterCard cards:

  • issued for commercial, business or agricultural purposes, except for MasterCard commercial cards used for small businesses as listed on www.mastercardbusiness.com; or;

  • issued or sold "anonymously" (for example, a prepaid card purchased in a store), until such time as the identity of the Cardholder has been registered with the financial institution that issued the card; or

  • if a PIN is used for the unauthorized purchase.

What to do ...

• If you have questions regarding zero liability coverage or you suspect unauthorized use of your Card, contact us IMMEDIATELY.

• If any of the conditions set forth above are not met, then your liability may not be zero but it may be limited by us or federal, state or local law. Again, check with us.

• For the application of Zero Liability outside of the United States, check your MasterCard regional site.

Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Kansas except to the extent governed by federal law.

Your Card balance is FDIC insured. Your funds will be held at or transferred to CBW Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event CBW Bank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.

Your Card or any balance is not an extension of credit.

Amendment and Cancellation

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.

We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Information about Your Right to Dispute Errors

In case of errors or questions about your Card transactions, including if you think your Transaction History or receipts are wrong or if you need more information about a transaction listed on the written history of transactions or receipts, call 1-833-263-2826. You must contact us no later than the earlier of either sixty (60) days after the FIRST view of your Transaction History electronically that included the error or problem OR sixty (60) days after we sent you the FIRST written history of Card transactions that included the problem or error.

• Provide your name and Card number (if any); '

• Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information;

• Provide the dollar amount of the suspected error.

• Provide the approximate time when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by calling us at 1-833-263-2826.

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

• Where it is necessary for completing transactions;

• In order to verify the existence and condition of your Card for a third party, such as merchant;

• In order to comply with government agency, court order, or other legal reporting requirements;

• If you give us your permission, or;

• To our employees, auditors, affiliates, service providers, or attorneys as needed.

Telephone Monitoring/Recording

• From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. You agree that you consent to such monitoring and/or recording.

• No Warranty Regarding Goods and Services

• We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

Arbitration

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator: In the event of a dispute, you and Direct may choose to settle claims outside of court through an internationally accepted arbitration procedure as laid out in the International Chamber of Commerce by-laws, or referred to either applicable Judicial Arbitration and Mediation Services ("JAMS") or the American Arbitration Association ("AAA"). If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

Our Privacy Commitment

Accuracy & Access

We are committed to ensuring that the information we obtain and use about you is accurate for its intended purpose. You can access most of your personal information that we collect online and maintain by logging in to your Account online at www.directb.net or logging in to your Account via the Direct app. You can correct factual errors in your personal information by contacting us at 1-833-263-2826.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. We will retain personal information we have collected only for the time period needed for business purposes or as required by the corresponding regulatory authorities and we will ensure secure destruction thereafter.

Data Security

We utilize physical, electronic and procedural security measures to protect against loss, misuse, and alteration of information under our control. We offer industry–standard practices and security measures to safeguard and secure the personal information we collect.

Access to personal information is restricted to employees and service providers who need to have access to that information as described in this notice. We require our service providers to observe standards with respect to the security, collection, use and sharing of personal information, and to comply with applicable law.

Preventing Identity Theft

We are dedicated to protecting your personal information. We do not initiate a request for personal information from you by fax or email. Please do not send confidential personal information such as social security numbers, government identification numbers, or Card numbers to us via an unsecured email message. Send confidential information to us via the contact methods listed below.

Do not be misled by emails that appear to be from us and ask for personal information. If you receive a suspicious email requesting your personal information, please forward the email immediately to clientservice@directb.net. To report fraud to the Internet Fraud Complaint Center, visit www.ic3.gov. This is a partnership between The FBI and the National White-Collar Crime Center.

Browsing

When you browse our websites or request pages, we automatically collect certain technical information about your visit. Examples of this standard type of information include the type of Internet browser you use, the files you request and the domain name and country from which you request information. We use this type of technical information to make our website function correctly, to better understand how visitors use our website and to improve the website, its contents and functionality to meet your needs. As part of our efforts to protect customers from fraud, this information is also used to assist in authenticating who you are when you access the website.

Cookies

Some of our webpages may contain "cookies", or data which is sent to your web browser and stored on your computer. The purpose of these "cookies" is to allow our server to recognize you as our customer if you return to the website using the same computer and browser. In the event you do not wish to receive such cookies, you usually may configure your web browser to not accept cookies or to notify you if a cookie is sent to you. You are free to decline cookies if your web browser permits, but you may not be able to use all the features and the functionality of our websites.

Privacy Practices of Third Parties

We are not responsible for the content or information practices employed by other websites that are linked to or from our website or mobile app. In most cases, links are provided as pointers to information on services that may be useful to users. These sites are governed by their own privacy statements and you are encouraged to review the privacy statement of these other websites before providing them with personal information.

Collection of Information of Children

In compliance with the United States Children's Online Privacy Protection Act, we will not knowingly collect personal information from children under the age of 13, without the consent of a parent or guardian. Individuals under the age of eighteen (18) may not be cardholders or Authorized Users.

Change in Privacy Statement

Your trust is one of our most important assets. We will continually work to protect the privacy of our customers and will continually review our privacy policy. This most current privacy statement will be posted on the website. This statement was last updated February 2021.

Contacting Company

For customer service or additional information regarding your Card, please contact us at: 1-833-263-2826.

DIRECT, Inc.

P.O. Box 2364, Lake Oswego, OR 97035

clientservice@directb.net

Electronic Consent Required

Thank you for your interest in the Direct Prepaid Debit Card. By logging on to www.directb.net and agreeing to the E-Sign Consent Agreement and/or logging on to the Direct mobile app and agreeing to the E-Sign Consent Agreement, you are agreeing to the following. Please read the information below and in the E-Sign Consent Agreement carefully and thoroughly.

We may provide the Agreement and any amendments or revisions thereto to you in electronic form. You also agree that we may deliver via electronic communication any future notices and information, including but not limited to such future notices and information that may be required by law or by regulation to be provided to you pertaining to the Direct Prepaid Debit Card ("notices"). The Direct Prepaid Debit Card is issued by CBW Bank.

We may deliver future Notices electronically by posting the Notice or a link to the Notice on our website or by emailing the Notice to the email address that you have provided to us. You agree to promptly notify us of any change in your email address by logging on to www.directb.net or logging on to the Direct mobile app and updating your profile information.

You have the right and may withdraw your consent to receive electronic communication and cancel your Direct Prepaid Debit Card profile by logging on to www.directb.net or logging on to the Direct mobile app.

You may obtain a paper copy of the Agreement and any future Notices by emailing clientservice@directb.net. There is a $5.00 fee imposed for each paper copy. You may also print directly from the site with no fee.

The minimum hardware and software requirements to access and retain the Agreement and Notices are:

• An internet browser that supports encrypted connections over TLS v1 or higher.

• Microsoft Internet Explorer version 10 or greater, Microsoft Edge Browser, a version of Google Chrome no more than 5 major increments behind the current release, a version of Mozilla Firefox no more than 5 major version increments behind the current release, a version of Safari no more than 2 major version increments behind the current release, or an equivalent browser.

• A valid email account that you have access to and that can receive email.

• A mobile device running Apple iOS 11.0+ or Android phone running OS 5.0+

• For SMS text messaging or in-mobile application messaging, a smartphone that supports text messaging, downloading and applications from the Apple Store or Google Play.

• The ability to view and print Portable Document Format (PDF) files, such as Adobe Acrobat Reader®, version XI or higher.

• A personal computer, operating system and telecommunication connection to the Internet capable of supporting the foregoing.

These minimum requirements are subject to change.

CBW Bank Privacy Statement

To Opt Out of Direct’s use of personal information:

Call 1-888-263-2826, or
Email clientservice@directb.net, or
Mail the Important Privacy Choices for Consumers form to P.O. Box 2364, Lake Oswego, OR 97034.