Common use of ARBITRATION AND WAIVER OF CLASS ACTION Clause in Contracts

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a dispute, you and USB agree that upon election by either you or USB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action section. Accordingly, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered Claim. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration Act, and to the extent that local law applies, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your Account. What is arbitration? Arbitration is a method of resolving disputes without filing a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Which claims or disputes are subject to arbitration? Covered Claims must be arbitrated if either you or USB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and USB concerning an Account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and USB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of our products or services; • relating to your past, present, or future Accounts, including the establishment, operation, servicing, collections, or termination of your Accounts, transactions involving or relating to your Accounts, or any products, services, rewards, benefits, or other features offered in connection with your Accounts; • relating to the retention, protection, use, or transfer of information about you or any of your Accounts for any of our products or services; • relating to communications with you concerning your Accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may arise after the termination of this Agreement; and • relating to the interpretation of “Covered Claim,” or the enforceability, scope or interpretation of this Arbitration and Waiver of Class Action section. Is there an alternative to arbitration? Instead of proceeding to arbitration, either you or USB have the option to pursue a Covered Claim on an individual basis in a Small Claims Court (or the equivalent) as long as the action remains in that court, does not seek relief on behalf of or affecting the accounts of other customers, and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration. Who administers the arbitration? All arbitrations will be conducted by the American Arbitration Association (“Administrator”) in accordance with the Administrator’s Consumer Arbitration Rules (“Administrator’s Rules”), as modified by this Arbitration agreement. You may contact the Administrator to obtain arbitration information, the Administrator’s Rules, and any claim forms and fee schedules: American Arbitration Association (“AAA”) 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx Xxxx, XX 00000-0000 xxx.xxx.xxx 0-000-000-0000 If the Administrator is unable to administer the arbitration, it shall be administered by such other administrator as you and USB agree or that is selected by a court of competent jurisdiction. How does arbitration start? If you choose to begin arbitration, you must contact the Administrator, follow the procedures set forth in the Administrator’s Rules and notify USB at: USAA Savings Bank General Counsel 00000 XxXxxxxxx Xxxxxxx San Antonio, Texas 78288 If USB chooses to begin arbitration, USB will notify you either at your last physical address contained in its records or if you are represented by an attorney, at the attorney’s address. Who pays the Administrator’s fees? USB will pay any arbitration fees charged by the Administrator associated with arbitration proceedings. Except as provided by applicable law, you are responsible for paying your own attorney’s fees, expert and witness fees, and any other expenses associated with the arbitration. Where will the arbitration take place? The arbitration shall be conducted in the county where you reside unless you and USB agree on a different location. The arbitration proceedings shall be conducted by telephone or video conference unless the arbitrator decides that an in-person hearing, or desk arbitration is appropriate. How does the arbitration work? An arbitrator will be chosen in accordance with the Administrator’s Rules. The arbitrator must decide Covered Claims based on the substantive applicable law of the federal judicial district and circuit where the arbitration is pending, including statutes of limitation and evidentiary privileges, and may hear dispositive motions. The arbitrator may award the same individualized remedies (including punitive and statutory damages and statutory attorneys’ fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator will issue a reasoned written decision sufficient to explain the findings and conclusions on which the award is based. The decision and judgment by the arbitrator shall be final, binding and enforceable in any court having jurisdiction, subject to judicial review under the Federal Arbitration Act, 9 U.S.C. §§ 10-11. Can a decision by the arbitrator be appealed? If the damages awarded to either you or USB in an arbitration exceeds $100,000 (not counting amounts sought for attorneys’ fees or costs), then the following additional procedures apply. Either you or USB may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within thirty (30) days of the award. The person appealing the decision (the appellant) shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires. What is the waiver of class action? You cannot pursue any type of collective action or class action against USB in court or in arbitration, including as follows: • The arbitrator shall not have the authority to conduct any class-wide, representative, or private attorney general arbitration proceedings or to consolidate or join together any Covered Claims you and USB have against each other with any claims or disputes you or USB may have with other persons, unless you and USB both consent in writing or the claims are brought by the co- or joint account owners of that account. • You will not have the right to act as a class representative or participate as a member of a class action with respect to any Covered Claim as to which arbitration has been elected. • The arbitrator may award relief (including, declaratory relief, and injunctive relief) only in favor of the individual party seeking such relief. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; or consolidation is found to be unenforceable with respect to a particular claim or a particular remedy (such as a request for injunctive relief), then that claim or that remedy—and only that claim or that remedy—shall be decided by a court after all other claims or requests for remedies are arbitrated.

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a dispute, you and USB agree that upon election by either you or USB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action section. Accordingly, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered Claim. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration Act, and to the extent that local law applies, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective efective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your Account. What is arbitration? Arbitration is a method of resolving disputes without filing fling a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Which claims or disputes are subject to arbitration? Covered Claims must be arbitrated if either you or USB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and USB concerning an Account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and USB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of our products or services; • relating to your past, present, or future Accounts, including the establishment, operation, servicing, collections, or termination of your Accounts, transactions involving or relating to your Accounts, or any products, services, rewards, benefitsbenefts, or other features offered ofered in connection with your Accounts; • relating to the retention, protection, use, or transfer of information about you or any of your Accounts for any of our products or services; • relating to communications with you concerning your Accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may arise after the termination of this Agreement; and • relating to the interpretation of “Covered Claim,” or the enforceability, scope or interpretation of this Arbitration and Waiver of Class Action section. Is there an alternative to arbitration? Instead of proceeding to arbitration, either you or USB have the option to pursue a Covered Claim on an individual basis in a Small Claims Court (or the equivalent) as long as the action remains in that court, does not seek relief on behalf of or affecting afecting the accounts of other customers, and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration. Who administers the arbitration? All arbitrations will be conducted by the American Arbitration Association (“Administrator”) in accordance with the Administrator’s Consumer Arbitration Rules (“Administrator’s Rules”), as modified modifed by this Arbitration agreement. You may contact the Administrator to obtain arbitration information, the Administrator’s Rules, and any claim forms and fee schedules: American Arbitration Association (“AAA”) 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx Xxxx, XX 00000-0000 xxx.xxx.xxx 0-000-000-0000 If the Administrator is unable to administer the arbitration, it shall be administered by such other administrator as you and USB agree or that is selected by a court of competent jurisdiction. How does arbitration start? If you choose to begin arbitration, you must contact the Administrator, follow the procedures set forth in the Administrator’s Rules and notify USB at: USAA Savings Bank General Counsel 00000 XxXxxxxxx Xxxxxxx San Antonio, Texas 78288 If USB chooses to begin arbitration, USB will notify you either at your last physical address contained in its records or if you are represented by an attorney, at the attorney’s address. Who pays the Administrator’s fees? USB will pay any arbitration fees charged by the Administrator associated with arbitration proceedings. Except as provided by applicable law, you are responsible for paying your own attorney’s fees, expert and witness fees, and any other expenses associated with the arbitration. Where will the arbitration take place? The arbitration shall be conducted in the county where you reside unless you and USB agree on a different diferent location. The arbitration proceedings shall be conducted by telephone or video conference unless the arbitrator decides that an in-person hearing, or desk arbitration is appropriate. How does the arbitration work? An arbitrator will be chosen in accordance with the Administrator’s Rules. The arbitrator must decide Covered Claims based on the substantive applicable law of the federal judicial district and circuit where the arbitration is pending, including statutes of limitation and evidentiary privileges, and may hear dispositive motions. The arbitrator may award the same individualized remedies (including punitive and statutory damages and statutory attorneys’ fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different diferent customers. The arbitrator will issue a reasoned written decision sufficient sufcient to explain the findings fndings and conclusions on which the award is based. The decision and judgment by the arbitrator shall be finalfnal, binding and enforceable in any court having jurisdiction, subject to judicial review under the Federal Arbitration Act, 9 U.S.C. §§ 10-11. Can a decision by the arbitrator be appealed? If the damages awarded to either you or USB in an arbitration exceeds $100,000 (not counting amounts sought for attorneys’ fees or costs), then the following additional procedures apply. Either you or USB may appeal the final fnal award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within thirty (30) days of the award. The person appealing the decision (the appellant) shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final fnal award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final fnal award as justice or otherwise applicable law requires. What is the waiver of class action? You cannot pursue any type of collective action or class action against USB in court or in arbitration, including as follows: • The arbitrator shall not have the authority to conduct any class-wide, representative, or private attorney general arbitration proceedings or to consolidate or join together any Covered Claims you and USB have against each other with any claims or disputes you or USB may have with other persons, unless you and USB both consent in writing or the claims are brought by the co- or joint account owners of that account. • You will not have the right to act as a class representative or participate as a member of a class action with respect to any Covered Claim as to which arbitration has been elected. • The arbitrator may award relief (including, declaratory relief, and injunctive relief) only in favor of the individual party seeking such relief. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; or consolidation is found to be unenforceable with respect to a particular claim or a particular remedy (such as a request for injunctive relief), then that claim or that remedy—and only that claim or that remedy—shall be decided by a court after all other claims or requests for remedies are arbitrated.

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a disputeIF YOU AND FSB ARE UNABLE TO RESOLVE A DISPUTE, you and USB agree that upon election by either you or USBYOU AND FSB AGREE THAT UPON ELECTION BY EITHER YOU OR FSB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action sectionANY COVERED CLAIM SHALL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THE TERMS OF THIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION. AccordinglyACCORDINGLY, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered ClaimYOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY A JUDGE OR JURY OR TO PARTICIPATE IN A COLLECTIVE OR CLASS ACTION AGAINST FSB IN CONNECTION WITH ANY COVERED CLAIM. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration ActTHIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, and to the extent that local law appliesAND TO THE EXTENT THAT LOCAL LAW APPLIES, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your AccountBY THE LAWS OF THE STATE OF TEXAS. What is arbitration? Arbitration is a method of resolving disputes without filing fling a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Which claims or disputes are subject to arbitration? Covered Claims must be arbitrated if either you or USB FSB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and USB FSB concerning an Account a deposit account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and USBFSB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of our FSB’s products or services; • relating to your past, present, or future Accountsaccounts, including the establishment, operation, servicing, collections, or termination of your Accountsaccounts, transactions involving or relating to your Accountsaccounts, or any products, services, rewards, benefits, or other features offered benefts ofered in connection with your Accountsaccounts; • relating to the retention, protection, use, or transfer of information about you or any of your Accounts accounts for any of our products or services; • relating to communications with you concerning your Accounts accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may arise after the termination of this Agreement; and • relating to the interpretation of “Covered Claim,” or the enforceability, scope or interpretation of this Arbitration and Waiver of Class Action section. Is there an alternative to arbitration? Instead of proceeding to arbitration, either you or USB FSB have the option to pursue a Covered Claim on an individual basis in a Small Claims Court (or the equivalent) as long as the action remains in that court, does not seek relief on behalf of or affecting afecting the accounts of other customers, and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration. Who administers the arbitration? All arbitrations will be conducted by the American Arbitration Association (“Administrator”) in accordance with the Administrator’s Consumer Arbitration Rules (“Administrator’s Rules”), as modified modifed by this Arbitration agreement. You may contact the Administrator to obtain arbitration information, the Administrator’s Rules, and any claim forms and fee schedules: American Arbitration Association (“AAA”) 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx XxxxNew York, XX 00000NY 10017-0000 xxx.xxx.xxx 0-000-000-0000 If the Administrator is unable to administer the arbitration, it shall be administered by such other administrator as you and USB agree or that is selected by a court of competent jurisdiction. How does arbitration start? If you choose to begin arbitration, you must contact the Administrator, follow the procedures set forth in the Administrator’s Rules and notify USB at: USAA Savings Bank General Counsel 00000 XxXxxxxxx Xxxxxxx San Antonio, Texas 78288 If USB chooses to begin arbitration, USB will notify you either at your last physical address contained in its records or if you are represented by an attorney, at the attorney’s address. Who pays the Administrator’s fees? USB will pay any arbitration fees charged by the Administrator associated with arbitration proceedings. Except as provided by applicable law, you are responsible for paying your own attorney’s fees, expert and witness fees, and any other expenses associated with the arbitration. Where will the arbitration take place? The arbitration shall be conducted in the county where you reside unless you and USB agree on a different location. The arbitration proceedings shall be conducted by telephone or video conference unless the arbitrator decides that an in-person hearing, or desk arbitration is appropriate. How does the arbitration work? An arbitrator will be chosen in accordance with the Administrator’s Rules. The arbitrator must decide Covered Claims based on the substantive applicable law of the federal judicial district and circuit where the arbitration is pending, including statutes of limitation and evidentiary privileges, and may hear dispositive motions. The arbitrator may award the same individualized remedies (including punitive and statutory damages and statutory attorneys’ fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator will issue a reasoned written decision sufficient to explain the findings and conclusions on which the award is based. The decision and judgment by the arbitrator shall be final, binding and enforceable in any court having jurisdiction, subject to judicial review under the Federal Arbitration Act, 9 U.S.C. §§ 10-11. Can a decision by the arbitrator be appealed? If the damages awarded to either you or USB in an arbitration exceeds $100,000 (not counting amounts sought for attorneys’ fees or costs), then the following additional procedures apply. Either you or USB may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within thirty (30) days of the award. The person appealing the decision (the appellant) shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires. What is the waiver of class action? You cannot pursue any type of collective action or class action against USB in court or in arbitration, including as follows: • The arbitrator shall not have the authority to conduct any class-wide, representative, or private attorney general arbitration proceedings or to consolidate or join together any Covered Claims you and USB have against each other with any claims or disputes you or USB may have with other persons, unless you and USB both consent in writing or the claims are brought by the co- or joint account owners of that account. • You will not have the right to act as a class representative or participate as a member of a class action with respect to any Covered Claim as to which arbitration has been elected. • The arbitrator may award relief (including, declaratory relief, and injunctive relief) only in favor of the individual party seeking such relief. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; or consolidation is found to be unenforceable with respect to a particular claim or a particular remedy (such as a request for injunctive relief), then that claim or that remedy—and only that claim or that remedy—shall be decided by a court after all other claims or requests for remedies are arbitrated.4605 xxx.xxx.xxx

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a dispute, you and USB agree that upon election by either you or USB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action section. Accordingly, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered Claim. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration Act, and to the extent that local law applies, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your Account. What is arbitration? Arbitration is a method of resolving disputes without filing a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Which claims or disputes are subject to arbitration? Covered Claims must be arbitrated if either you or USB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and USB concerning an Account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and USB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of our products or services; • relating to your past, present, or future Accounts, including the establishment, operation, servicing, collections, or termination of your Accounts, transactions involving or relating to your Accounts, or any products, services, rewards, benefits, or other features offered in connection with your Accounts; • relating to the retention, protection, use, or transfer of information about you or any of your Accounts for any of our products or services; • relating to communications with you concerning your Accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may arise after the termination of this Agreement; and • relating to the interpretation of “Covered Claim,” or the enforceability, scope or interpretation of this Arbitration and Waiver of Class Action section. Is there an alternative to arbitration? Instead of proceeding to arbitration, either you or USB have the option to pursue a Covered Claim on an individual basis in a Small Claims Court (or the equivalent) as long as the action remains in that court, does not seek relief on behalf of or affecting the accounts of other customers, and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration. Who administers the arbitration? All arbitrations will be conducted by the American Arbitration Association (“Administrator”) in accordance with the Administrator’s Consumer Arbitration Rules (“Administrator’s Rules”), as modified by this Arbitration agreement. You may contact the Administrator to obtain arbitration information, the Administrator’s Rules, and any claim forms and fee schedules: American Arbitration Association (“AAA”) 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx XxxxNew York, XX 00000NY 10017-0000 4605 xxx.xxx.xxx 0-000-000-0000 If the Administrator is unable to administer the arbitration, it shall be administered by such other administrator as you and USB agree or that is selected by a court of competent jurisdiction. How does arbitration start? If you choose to begin arbitration, you must contact the Administrator, follow the procedures set forth in the Administrator’s Rules and notify USB at: USAA Savings Bank General Counsel 00000 10750 XxXxxxxxx Xxxxxxx Freeway San Antonio, Texas 78288 If USB chooses to begin arbitration, USB will notify you either at your last physical address contained in its records or if you are represented by an attorney, at the attorney’s address. Who pays the Administrator’s fees? USB will pay any arbitration fees charged by the Administrator associated with arbitration proceedings. Except as provided by applicable law, you are responsible for paying your own attorney’s fees, expert and witness fees, and any other expenses associated with the arbitration. Where will the arbitration take place? The arbitration shall be conducted in the county where you reside unless you and USB agree on a different location. The arbitration proceedings shall be conducted by telephone or video conference unless the arbitrator decides that an in-person hearing, or desk arbitration is appropriate. How does the arbitration work? An arbitrator will be chosen in accordance with the Administrator’s Rules. The arbitrator must decide Covered Claims based on the substantive applicable law of the federal judicial district and circuit where the arbitration is pending, including statutes of limitation and evidentiary privileges, and may hear dispositive motions. The arbitrator may award the same individualized remedies (including punitive and statutory damages and statutory attorneys’ fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator will issue a reasoned written decision sufficient to explain the findings and conclusions on which the award is based. The decision and judgment by the arbitrator shall be final, binding and enforceable in any court having jurisdiction, subject to judicial review under the Federal Arbitration Act, 9 U.S.C. §§ 10-11. Can a decision by the arbitrator be appealed? If the damages awarded to either you or USB in an arbitration exceeds $100,000 (not counting amounts sought for attorneys’ fees or costs), then the following additional procedures apply. Either you or USB may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within thirty (30) days of the award. The person appealing the decision (the appellant) shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires. What is the waiver of class action? You cannot pursue any type of collective action or class action against USB in court or in arbitration, including as follows: • The arbitrator shall not have the authority to conduct any class-wide, representative, or private attorney general arbitration proceedings or to consolidate or join together any Covered Claims you and USB have against each other with any claims or disputes you or USB may have with other persons, unless you and USB both consent in writing or the claims are brought by the co- or joint account owners of that account. • You will not have the right to act as a class representative or participate as a member of a class action with respect to any Covered Claim as to which arbitration has been elected. • The arbitrator may award relief (including, declaratory relief, and injunctive relief) only in favor of the individual party seeking such relief. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; or consolidation is found to be unenforceable with respect to a particular claim or a particular remedy (such as a request for injunctive relief), then that claim or that remedy—and only that claim or that remedy—shall be decided by a court after all other claims or requests for remedies are arbitrated.

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a disputeIF YOU AND FSB ARE UNABLE TO RESOLVE A DISPUTE, you and USB agree that upon election by either you or USBYOU AND FSB AGREE THAT UPON ELECTION BY EITHER YOU OR FSB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action sectionANY COVERED CLAIM SHALL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THE TERMS OF THIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION. AccordinglyACCORDINGLY, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered ClaimYOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY A JUDGE OR JURY OR TO PARTICIPATE IN A COLLECTIVE OR CLASS ACTION AGAINST FSB IN CONNECTION WITH ANY COVERED CLAIM. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration ActTHIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, and to the extent that local law appliesAND TO THE EXTENT THAT LOCAL LAW APPLIES, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your AccountBY THE LAWS OF THE STATE OF TEXAS. What is arbitration? Arbitration is a method of resolving disputes without filing a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Which claims or disputes are subject to arbitration? Covered Claims must be arbitrated if either you or USB FSB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and USB FSB concerning an Account a deposit account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and USBFSB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of our FSB’s products or services; • relating to your past, present, or future Accountsaccounts, including the establishment, operation, servicing, collections, or termination of your Accountsaccounts, transactions involving or relating to your Accountsaccounts, or any products, services, rewards, benefits, or other features benefits offered in connection with your Accountsaccounts; • relating to the retention, protection, use, or transfer of information about you or any of your Accounts accounts for any of our products or services; • relating to communications with you concerning your Accounts accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may arise after the termination of this Agreement; and • relating to the interpretation of “Covered Claim,” or the enforceability, scope or interpretation of this Arbitration and Waiver of Class Action section. Is there an alternative to arbitration? Instead of proceeding to arbitration, either you or USB FSB have the option to pursue a Covered Claim on an individual basis in a Small Claims Court (or the equivalent) as long as the action remains in that court, does not seek relief on behalf of or affecting the accounts of other customers, and is not removed or appealed to a court of general jurisdiction, in which case either party may elect arbitration. Who administers the arbitration? All arbitrations will be conducted by the American Arbitration Association (“Administrator”) in accordance with the Administrator’s Consumer Arbitration Rules (“Administrator’s Rules”), as modified by this Arbitration agreement. You may contact the Administrator to obtain arbitration information, the Administrator’s Rules, and any claim forms and fee schedules: American Arbitration Association (“AAA”) 000 Xxxxxxx Xxxxxx, Xxxxx 00 Xxx XxxxNew York, XX 00000NY 10017-0000 xxx.xxx.xxx 0-000-000-0000 If the Administrator is unable to administer the arbitration, it shall be administered by such other administrator as you and USB agree or that is selected by a court of competent jurisdiction. How does arbitration start? If you choose to begin arbitration, you must contact the Administrator, follow the procedures set forth in the Administrator’s Rules and notify USB at: USAA Savings Bank General Counsel 00000 XxXxxxxxx Xxxxxxx San Antonio, Texas 78288 If USB chooses to begin arbitration, USB will notify you either at your last physical address contained in its records or if you are represented by an attorney, at the attorney’s address. Who pays the Administrator’s fees? USB will pay any arbitration fees charged by the Administrator associated with arbitration proceedings. Except as provided by applicable law, you are responsible for paying your own attorney’s fees, expert and witness fees, and any other expenses associated with the arbitration. Where will the arbitration take place? The arbitration shall be conducted in the county where you reside unless you and USB agree on a different location. The arbitration proceedings shall be conducted by telephone or video conference unless the arbitrator decides that an in-person hearing, or desk arbitration is appropriate. How does the arbitration work? An arbitrator will be chosen in accordance with the Administrator’s Rules. The arbitrator must decide Covered Claims based on the substantive applicable law of the federal judicial district and circuit where the arbitration is pending, including statutes of limitation and evidentiary privileges, and may hear dispositive motions. The arbitrator may award the same individualized remedies (including punitive and statutory damages and statutory attorneys’ fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in other arbitrations, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator will issue a reasoned written decision sufficient to explain the findings and conclusions on which the award is based. The decision and judgment by the arbitrator shall be final, binding and enforceable in any court having jurisdiction, subject to judicial review under the Federal Arbitration Act, 9 U.S.C. §§ 10-11. Can a decision by the arbitrator be appealed? If the damages awarded to either you or USB in an arbitration exceeds $100,000 (not counting amounts sought for attorneys’ fees or costs), then the following additional procedures apply. Either you or USB may appeal the final award to a three-arbitrator panel pursuant to the AAA’s Optional Appellate Rules by providing written notice within thirty (30) days of the award. The person appealing the decision (the appellant) shall pay all fees and costs for the appeal unless the panel determines that the appellant is the prevailing party, in which case the panel shall have the discretion in its final award to reallocate the fees and costs as justice or otherwise applicable law requires. If there is a cross-appeal, the costs shall be borne equally by both sides, subject to reallocation by the panel in its final award as justice or otherwise applicable law requires. What is the waiver of class action? You cannot pursue any type of collective action or class action against USB in court or in arbitration, including as follows: • The arbitrator shall not have the authority to conduct any class-wide, representative, or private attorney general arbitration proceedings or to consolidate or join together any Covered Claims you and USB have against each other with any claims or disputes you or USB may have with other persons, unless you and USB both consent in writing or the claims are brought by the co- or joint account owners of that account. • You will not have the right to act as a class representative or participate as a member of a class action with respect to any Covered Claim as to which arbitration has been elected. • The arbitrator may award relief (including, declaratory relief, and injunctive relief) only in favor of the individual party seeking such relief. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; or consolidation is found to be unenforceable with respect to a particular claim or a particular remedy (such as a request for injunctive relief), then that claim or that remedy—and only that claim or that remedy—shall be decided by a court after all other claims or requests for remedies are arbitrated.4605 xxx.xxx.xxx