Disclosures

Compounding and Crediting. Interest will be compounded daily and will be credited to the account monthly. If you close your account before interest is credited, you will receive the accrued interest.

Minimum Balance Requirements. No minimum balance requirements apply to this account.

Fees and Charges. Please refer to the Fee Schedule provided to you in these Terms for information about fees and charges associated with this account. A Fee Schedule is provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Eligibility Requirements. You must be 18 years of age to open this account.

a) We will determine your Client Exchange Rate each time you ask us to enter into a Currency Exchange transaction. This rate is based on the application of our Spread to the Spot Rate available to us.

Spot Rate on Pricing Date and Pricing Time MINUS the Spread

By opening a Currency Account, you acknowledge the risks stated above and agree to hold Battle Bank harmless from and against any claims, damages, losses, and expenses related to any such risks.

b) There may be a delay between the date you request a NDC Transaction and the date on which we process the transaction. The length of that delay may depend on many factors, including the dollar amount of your NDC Transaction request and other NDC Transaction requests for the same Non-Deliverable Currency that we have received at the same approximate time. Except in the case of Quoted Rates, we may not be able to determine the NDC Spot Rate available to us until we actually process the related NDC Transactions.

These items contain important additional information about the specific types of Currency Accounts we offer. The information found here does not apply to any other account type.

f) Accrual of Interest on Non-Cash Deposits. If you deposit non-cash items (like checks) denominated in U.S. dollars to fund any Global Markets transaction, your U.S. dollar deposit will be made to your Cash Account. These funds will be available to initiate a Global Markets transaction in accordance with the Funds Availability Disclosure in our Account Agreement. On the day your U.S. dollar funds are available, you can initiate a Global Markets transaction. Interest, if any is to be paid, begins to accrue in your foreign currency denominated account on the Settlement Date. If you make a deposit by a wire transfer of a foreign currency, interest begins to accrue on the Business Day after we receive your wire transfer.

§ The results to be obtained by the Principal Protected Index CDs, the owner of the Principal Protected Index CDs or any other person in connection with the use of the Reference Index and the data included in the Reference Index;

§ The accuracy or completeness of the Reference Index and its data;

§ The merchantability and the fitness for a particular purpose or use of the Reference Index and its data;

 
§ Any errors, omissions, or interruptions in the Reference Index or its data; or
 

§ Any lost profits or indirect, punitive, special, or consequential damages or losses, even if Reference Index licensor knows that they might occur.

b) Issues upon Death. In the event that a Depositor dies prior to the Maturity Date, and a subsequent beneficial owner and/or authorized holder elects to exercise the Early Withdrawal option, the owner/holder may be precluded from recovering the benefit of any excess taxes paid on this Principal Protected Index CD by the decedent/owner during his/her lifetime.

Are not FDIC insured

Are not bank or government guaranteed

Are not deposits

May lose value

“LBMA Gold Price AM” means the “London Gold Fix AM” of the Spot Price of gold administered by ICE Benchmark Administration (IBA) at or about 10:30 a.m. London time each Business Day, as made available at www.lbma.org.uk.

“Request” means you ask us to sell or buy Precious Metals for your Metals Account.

§ If you take immediate delivery of your Precious Metals order from us, then your Delivery Fee will be calculated as a percentage of your Client Price.

§ If you did not take immediate delivery of your Precious Metals and we have, therefore, stored those Precious Metals for you, then your Delivery Fee will be calculated as a percentage of what the Client Price would be if you purchased your Precious Metals from us on the date you make your delivery request.

§ If you choose to deliver Precious Metals to Battle Bank that are being held elsewhere, there will typically be costs associated with this transfer. After contacting the Global Markets trade desk and receiving instructions about how to deliver metals, you can make your own arrangements, at your own cost, to accomplish the delivery. As an alternative, you can contact the Global Markets trade desk and request Battle Bank arrange for the delivery on your behalf, which may take the form of a shipping label that we generate for the transfer. If you request Battle Bank to provide you with a shipping label, then your Delivery Fee will be calculated as a percentage of what the Client Price would be if you purchased your Precious Metals from Battle Bank on the date you make your delivery request. Not all Precious Metals are eligible to be delivered in, and Battle Bank may, in its sole discretion, reject a request to deliver in metals.

§ We may impose a minimum Delivery Fee in the case of small transactions in our sole discretion.

§ Delivery of metals in certain jurisdictions may be subject to sales tax in those jurisdictions. In the event that we determine sales tax is due on any transaction or delivery, we will undertake to inform you at the time of the transaction. When applicable, calculated sales tax will be collected by us prior to shipping. In some cases, we may not be legally required to collect sales tax in your jurisdiction even though sales taxes are due. In those cases, we will inform you that it is your responsibility to calculate and remit use tax, along with the required tax forms, to the appropriate jurisdiction.

h) Unallocated Accounts. Generally, requests to purchase or sell Precious Metals held in an Unallocated Account received before the Unallocated Cut-Off Time will be considered received on that Business Day, and that Business Day will be the Request Date. Requests to purchase or sell Precious Metals held in an Unallocated Account received by us after the Unallocated Cut-Off Time will be considered to be received on the following Business Day, which will be considered the Request Date. The Pricing Date for Requests to purchase or sell Precious Metals held in an Unallocated Account will be one Business Day after the applicable Request Date.

c) Joint Accounts. If your Metals Account is a joint account, you acknowledge that you are joint owners of the Metals Account that you have opened in your names with us, and of the Precious Metals described in your account statement. Each of you acknowledges that you have full power, either before or after the death of the other, to take any action with regard to the Metals Account. Upon the death of either, you agree that the balance then remaining in such Metals Account shall be the absolute property of the surviving Account Holder and we are hereby authorized and directed to deal with the surviving Account Holder as sole and absolute owner of the Metals Account.

7. General Terms

b) Neither your Battle Bank Metals Account nor the assets it contains may be pledged or assigned by you without our prior written consent.

d) Notwithstanding anything to the contrary in these Precious Metals Account Terms or the Account Agreement, neither you nor we shall be liable in damages for any delay or default in performing hereunder, if such delay or default is caused by conditions beyond your or our control including, but not limited to, acts of God, government restrictions (including, without limitation, the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. We may close your Battle Bank Metals Account(s) or convert Precious Metals to United States dollars at any time, if we deem such action prudent, necessary or appropriate, in our sole discretion, in response to acts of God, government restrictions (including, without limitation, the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond our reasonable control. If we do close your Battle Bank Metals Account(s) or convert the Precious Metals in such Metals Account(s) to United States dollars as described above, we will not have any liability to you resulting from changes in the value of those Precious Metals resulting from the timing of our closing the Metals Account or converting the Precious Metals to United States dollars.

Additional Information Regarding Your Account. Processing and Posting Order. We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for them in the order that they are processed, there may be an overdraft on your account. We generally post transactions to your account in the order in which we receive them. We post deposits before withdrawals. We reserve the right to post transactions – including ATM withdrawals, wire transfers, debit card transactions, checks and any other type of transaction – in any order we determine. We also reserve the right to change our order of posting from time to time. Since we don’t have control over the order in which other institutions present transactions to us, we can’t always control when transactions post and transactions may not post in the order in which you made the transaction. The order in which we post your transactions may affect whether you have sufficient funds and you could overdraft your account. Transactions conducted by you or received by us on non-Business Days are processed on the next Business Day in which we receive the transaction. Deposits received prior to the day’s cut-off time or from the previous Business Day (see the Funds Availability Schedule in our Terms and Conditions) and posted before the withdrawals.

Additional Information Regarding Your Account. You may revoke your IRA within 7 days after receiving this disclosure statement. (Note: This disclosure statement was delivered to you electronically at the end of your online account opening process).

Minimum Balance Requirements. A Minimum Balance Fee of $5.00 will be imposed every month if the average daily balance for the month falls below $5,000.00.