MOBILE CHECK DEPOSIT USER AGREEMENT This Mobile Check Deposit User Agreement ("Mobile Agreement") contains the terms and conditions for the use of the remote deposit capture services that Scottrade, Inc. ("Brokerage") or its affiliate Scottrade Bank, a federal savings bank with its principal office in Missouri ("Bank") (collectively, "Scottrade," "us," or "we") may provide to you ("you" or "User"). When you use any of the Services described in this Mobile Agreement, you agree to the terms, conditions and disclosures in this Mobile Agreement. This Mobile Agreement supplements and is part of your Account Agreement for your deposit account with the Bank (if you have a deposit account with the Bank) (“Bank Agreement”) and your Brokerage Account Agreement with Brokerage (“Brokerage Agreement”). If a discrepancy or inconsistency is determined to exist between the terms and conditions and other provisions of this Mobile Agreement and either the Brokerage Agreement or Bank Agreement, then this Mobile Agreement shall control with respect to the Services, but only to the extent necessary to address the discrepancy or inconsistency. See below for further information on your Bank Agreement and Brokerage Agreement, which we refer to collectively as your “Account Agreement.” 1. Account Agreements. Your Account Agreement contains additional terms and conditions applying or relating to your Designated Account(s) and the Services. Your Account Agreement also includes provisions relating to your rights and your obligations and liabilities to us, and our rights and our obligations to you. Except as expressly amended by this Mobile Agreement, all terms and conditions of your Account Agreement apply to the Services and your Checks and Check images processed through the Services. 2. Designated Accounts and Qualifying Accounts. “Designated Account” means the Qualifying Account into which the funds relating to your Checks will be deposited using the Services. Not all account types are eligible for the Services. Those “Qualifying Accounts” that are eligible will be available for selection as a Designated Account. If you have more than one Qualifying Account, you will select the Designated Account for each deposit at the time of the deposit.

3. Services. The mobile remote deposit capture services ("Services") are designed to allow you to make deposits to your Designated Account(s) from home or other remote locations by taking pictures of Eligible Checks (defined below) with your smartphone and delivering the Check images and associated deposit information to Scottrade as provided for herein.

4. Changes in Terms. This Mobile Agreement is subject to change from time to time and at any time with or without notice to you except as required by applicable law. If we do notify you of changes, we may do so via e-mail or on our website(s) by providing a link to the revised Mobile Agreement or by an online secure message. In the event of future changes to this Mobile Agreement, your acceptance of the revised 7/16

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terms and conditions as indicated by your continued use of the Services will constitute your consent to be bound by the revised Mobile Agreement, without additional action on your part. Scottrade also reserves the right, in its sole discretion, to change, modify, add to or remove portions of the Services.

5. Limitations of Services. When using the Services, you may experience technical or other difficulties. ®

We will attempt to post alerts on our website and/or the Scottrade Mobile App. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

6. Requirements to Use the Services. In order to use the Services, you must: 

Have and maintain at least one Qualifying Account.

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Maintain Internet access with a secure Internet Service Provider.

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Maintain a valid email address on file with us.

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Obtain and maintain, at your expense, a compatible mobile device and software as specified by Scottrade from time to time. Scottrade is not responsible for any third-party mobile device, hardware or software you may need to use the Services. Any such use by you of hardware, mobile device or software is subject to the terms and conditions of the mobile device or software agreement you enter into directly with the third-party provider.

7. Eligible Checks. You may use the Services only to deposit Eligible Checks and may not deposit Ineligible Items, as defined below. “Check” means an original (not a copy) draft that is payable on demand, drawn on or payable through or at an office of a United States Financial Institution (defined below), whether negotiable or not, and payable to you. “United States Financial Institution” means: (a) any person, located in the United States, engaged in the business of banking; (b) a Federal Reserve Bank; (c) a Federal Home Loan Bank; and (d) to the extent it acts as a payor, the United States Treasury, the United States Postal Service, or a State or local government.

Eligible Checks are all Checks except for the following, referred to in this Mobile Agreement as Ineligible Items: 

Items that would otherwise be a Check, except when: (a) a passbook, certificate or other document is attached; (b) it is accompanied by special instructions, such as a request for special advice of payment or dishonor; (c) it consists of more than a single thickness of paper, except a

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Check that qualifies for handling by automated Check processing equipment; or (d) it has not been pre-printed or post-encoded in magnetic ink with the routing number of the payor financial institution. 

Checks that are not payable in U.S. currency.

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Checks that are not payable to you or to Scottrade F/B/O you.

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Checks payable to any person or entity other than the person or entity that owns the account that the Check is being deposited into.

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Checks containing an alteration on the front of the Check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn.

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Checks payable jointly, unless deposited into an account in the name of all payees.

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Checks previously converted to a “substitute check,” as defined in Regulation CC (12 CFR Part 229).

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Checks that are remotely created checks, as defined in Regulation CC.

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Checks dated more than six months prior to the date of deposit.

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Checks or items prohibited by Scottrade’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your accounts with Scottrade.

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Checks payable on sight or payable through "Drafts," as defined in Regulation CC.

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Checks that have previously been submitted through the Services or through a remote deposit capture service offered at any other financial institution.

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Traveler’s checks.

In addition, Scottrade reserves the right to accept or reject Checks based on Scottrade’s policies and procedures as in effect from time to time. Scottrade’s acceptance of a certain type of Check in one instance does not obligate it to accept that type of Check in the future.

When the image of the Check transmitted to Scottrade is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

8. Endorsements and Procedures. You agree to only submit Checks payable to you and endorsed in favor of Scottrade, Inc. or Scottrade Bank, as appropriate. You understand that by making a deposit to your Brokerage account, the funds deposited are NOT FDIC insured, are NOT government guaranteed, and are NOT deposits of the Bank. Only deposits submitted into your Bank account are FDIC insured. When submitting Checks for deposit through use of the Services, please write on the Check that the Check is “for deposit only at Scottrade” and use caution in selecting the appropriate account you wish to have the deposit made. 7/16

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9. Availability of Funds – Brokerage Deposits. You agree that items transmitted using the Services to your Brokerage Account are not subject to the funds availability requirements of Federal Reserve Board Regulation CC (12 CFR Part 229) or any state law equivalent. In general, if an image of an item you transmit through the Services is received and accepted before 6 p.m. ET on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in five business days from the day of deposit. However, such funds can be used immediately to trade in marginable equity securities at the Brokerage. The Brokerage may make such funds available sooner based on such factors as credit-worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the Brokerage, in its sole discretion, deems relevant. 10. Availability of Funds – Bank Deposits. All Checks processed through the Services for your Bank account are “checks” and “items” for purposes of the Bank Agreement. Funds from Checks deposited to your Bank account using the Services will be available according to the Bank’s funds availability policy, which is available on the Agreements & Disclosures section of Scottrade’s website.

In general, if an image of an item you transmit through the Services to your Bank accounts is received and accepted before 3 p.m. ET on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available for withdrawal on the next business day up to $5,000, in accordance with this policy, which may be modified from time to time and it is your responsibility to check our website for changes to the policy.

11. Receipt of Items and Image Quality. For purposes of availability of funds, Checks deposited through the Services are considered received by us when we successfully receive the check image and the image is complete, clear, legible and usable. The image of an item transmitted to Scottrade using the Services must be legible, as determined in the sole discretion of Scottrade. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Scottrade, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association with authority to prescribe guidance as to the items.

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that do not satisfy the above image quality standards.

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You agree that your transmitting of a Check image to us does not constitute receipt by us. Our acknowledgment of receipt of an image does not constitute any acknowledgment by us that the transmission of the Check was error-free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time any item that we subsequently determine was not an Eligible Check or did not meet the above standards. You agree that Scottrade is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an Ineligible Item or item that did not meet the above standards.

12. Disposal of Transmitted Checks. After you photograph your Check and send us the Check image, we will send you a notice by email that we have received your Check image and that you should retain the Check until further notified. Once we determine the image is complete, clear, legible and usable, we will send you a second notice indicating we have accepted your Check image for deposit and that you should retain the Check for five days and then destroy the Check. When you destroy the Check, mark it "VOID", or otherwise render it incapable of further transmission, deposit or presentment. During the time the retained Check is available, you agree to promptly provide it to Scottrade upon request.

13. Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Mobile Agreement, may be subject to our review or approval and we will not be obligated to allow such a deposit at other times.

14. Presentment. The manner in which the items are cleared, presented for payment and collected shall be subject to the Bank Agreement or Brokerage Agreement governing your account and the requirements of applicable law.

15. Errors. You agree to immediately notify Scottrade of any suspected errors regarding items deposited through the Services, and in no event later than 30 days after the applicable Scottrade account statement containing the error is sent. Unless you notify Scottrade within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Scottrade for such alleged error.

16. Errors in Transmission. By using the Services, you accept the risk that an item may be intercepted or misdirected during transmission. Scottrade bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

17. User Warranties and Indemnification. You warrant to Scottrade that:

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a. You will only transmit Eligible Checks. b. You will not transmit duplicate items. c.

You will not present, or attempt to present, or allow others directly or indirectly to present or attempt to present, for deposit to us or any other institution any Check or Check image that was previously presented through the Services or already presented for deposit to any other institution.

d. All information you provide to Scottrade is accurate and true. e. You will comply with this Mobile Agreement, the Account Agreement and all applicable rules, laws and regulations. f.

You are not aware of any factor which may impair the collectability of the item being transmitted.

g. You agree to indemnify and hold Scottrade harmless from any loss for breach of this warranty provision. h. You will use the Services only for your own purposes. Without limiting the foregoing, you will not make the Services available or allow the use of Services by or for the benefit of any third party. i.

You represent and warrant, with respect to each Check processed by you hereunder and the corresponding Check image, that:

1. the Check was properly endorsed prior to scanning 2. you have not altered any Check or the Check image 3. you have not and will not present, negotiate or transfer the Check image or the Check to any other institution or person for payment, collection or negotiation 4. the Check image is a digitized image of the front and back of the Check and accurately represents all of the information on the front and back of the Check as of the time you converted the Check to a Check image 5. the Check image contains all endorsements of all parties transferring or presenting the Item 6. you have sent us only one Check image for any single Check and will not send us any other Check image for that same Check 7. you will not present any Check for collection or payment, or otherwise negotiate the Check, after the Check has been presented to us as a Check image.

j.

With respect to each Check and corresponding Check image, you make to us all transfer and presentment warranties made under applicable law and the Account Agreement. You also represent and warrant to us that all electronic transmissions to us by or on behalf of you will be conducted free of computer viruses or bugs.

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18. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual or suspicious transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request, any originals or copies of items deposited through the Services in your possession and your records relating to such items and transmissions.

19. Termination. We may terminate this Mobile Agreement at any time and for any reason. This Mobile Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Mobile Agreement may be terminated if you breach any term of this Mobile Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of the Account Agreement, or any other agreement with us.

20. Enforceability. We may waive enforcement of any provision of this Mobile Agreement. No waiver of a breach of this Mobile Agreement shall constitute a waiver of any prior or subsequent breach of this Mobile Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Mobile Agreement. In the event that any provision of this Mobile Agreement shall be deemed to be invalid, illegal or unenforceable to any extent, the remainder of this Mobile Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

21. Ownership & License. You agree that Scottrade owns or has rights to the Services, associated content, technology and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Mobile Agreement. Without limiting the effect of the foregoing, any breach of this Mobile Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services: (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Scottrade’s business interest, or (iii) to Scottrade’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

22. Governing Law. This Mobile Agreement, and your and our rights and obligations under this Mobile Agreement, are governed by and interpreted according to federal and Missouri state law. If state and federal law are inconsistent, or if state law is preempted by federal law, federal law governs.

23. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

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NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

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

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