b'Laurel Road Student\nLoan CashbackSM\nCredit Card\nCardmember Agreement\n\nHere is your new Cardmember Agreement (the\n\xe2\x80\x9cAgreement\xe2\x80\x9d). It is the contract between you\nand us regarding your credit card account (the\n\xe2\x80\x9cAccount\xe2\x80\x9d). This Agreement is being sent to you\nand each Authorized User so that each of you is\naware of the terms that apply to the use of the\nAccount and Cards. This Agreement is effective\nas soon as you, or any of your Authorized Users,\nactivate a Card or use the Account. It also applies\nif you have not closed your Account within 30 days\nafter we issue the Card(s).\nDefinitions\nWe have provided a glossary containing definitions\nof the terms used in this Agreement. Our\ndefinitions rely heavily on, but deviate slightly from,\nthe definitions used by the Consumer Financial\nProtection Bureau (\xe2\x80\x9cCFPB\xe2\x80\x9d) in connection with its\nDecember 2011 prototype credit card agreement.\nRates and Fees Table\nThis Agreement references a separate document\nentitled \xe2\x80\x9cRates and Fees Table\xe2\x80\x9d that explains the\ndifferent APR\xe2\x80\x99s and fees that apply to your Account.\nSuch Rates and Fees Table is made a part of this\nAgreement between us.\n\n\x0cContents\n1. \x07ACCESSING AND USING YOUR ACCOUNT .. 4\n\xe2\x80\xa2 Authorized User(s)\n\xe2\x80\xa2 Convenience Checks\n2. CREDIT LIMITS AND CASH ADVANCE LIMITS....5\n\xe2\x80\xa2 Credit Limit\n\xe2\x80\xa2 Cash Advance Limit\n\xe2\x80\xa2 \x07\nChanges to Your Credit Limit and Cash\nAdvance Limit\n3. U\n\x07 SING YOUR CARD FOR CHARGES............... 5\n\xe2\x80\xa2 \x07Authorization of Charges\n\xe2\x80\xa2 \x07Balance Transfers\n\xe2\x80\xa2 \x07Recurring Charges\n4. INTEREST CHARGES........................................6\n\xe2\x80\xa2 \x07Your APRs are on the Rates and Fees Table\n\xe2\x80\xa2 \x07Minimum Interest Charge\n5. INTEREST CALCULATION................................ 6\n\xe2\x80\xa2 \x07Interest Charge Calculation Formula\n\xe2\x80\xa2 Interest Charges and Fees are Added to The\nBalances to which They Apply\n\xe2\x80\xa2 \x07Grace Period Only Applies to Purchases\n\xe2\x80\xa2 How the Grace Period Works to Avoid\nInterest on Purchases.\n\xe2\x80\xa2 \x07\x07When We Begin to Charge Interest\n\xe2\x80\xa2 \x07When We Add Charges\n6. FEES...................................................................9\n\xe2\x80\xa2 \x07\x07Transaction Fees\n\xe2\x80\xa2 \x07Late Payment Fees\n7. PAYING US......................................................... 9\n\xe2\x80\xa2 \x07Your Bill\n\xe2\x80\xa2 \x07Minimum Payment\n\xe2\x80\xa2 Making a Payment\n\xe2\x80\xa2 \x07Cut-off Times, Weekends, and Holidays\n8. H\n\x07 OW WE APPLY YOUR PAYMENTS.............. 10\n\xe2\x80\xa2 \x07Crediting Payments to Your Account\n\xe2\x80\xa2 \x07Payments in Excess of the Minimum Payment\n\xe2\x80\xa2 \x07\nPayments Less Than or Equal To the\nMinimum Payment\n\xe2\x80\xa2 \x07How Payments Affect Your Credit Limit\n\xe2\x80\xa2 \x07Credit Balances\n9. DEFAULT AND ENFORCEMENT..................... 11\n\xe2\x80\xa2 Enforcement\n10. CLOSING YOUR ACCOUNT.......................... 11\n11.\x07\x07LOST, STOLEN OR COMPROMISED CARDS/\nACCOUNT....................................................... 12\n2\n\n12.\n\n13.\n\n14.\n\n15.\n\n16.\n\n17. A\nOF\n\n18.\n\n\x0c.. 4\n\n....5\n\nash\n\n... 5\n\n...6\nable\n\n... 6\n\nThe\n\ns\nvoid\n\n...9\n\n... 9\n\n. 10\n\nment\nthe\n\n. 11\n\n. 11\nDS/\n. 12\n\n\xe2\x80\xa2 Notify Us\n\xe2\x80\xa2 Liability\n12. COMMUNICATIONS....................................... 12\n\xe2\x80\xa2 \x07Mailings\n\xe2\x80\xa2 \x07Telephone Communications\n\xe2\x80\xa2 Telephone Monitoring\n\xe2\x80\xa2 \x07Authenticating Your Identity\n\xe2\x80\xa2 \x07E-Mail Communications\n\xe2\x80\xa2 \x07Changes to Your Information\n13. CREDIT INFORMATION................................. 13\n\xe2\x80\xa2 \x07Credit Information We Receive About You\n\xe2\x80\xa2 \x07Credit Reporting We Do On Your Account\n\xe2\x80\xa2 \x07Disputes\n14. OTHER PROVISIONS.................................... 13\n\xe2\x80\xa2 \x07A pplicable Law\n\xe2\x80\xa2 \x07A mendments\n\xe2\x80\xa2 \x07Assignment\n\xe2\x80\xa2 \x07Severability\n\xe2\x80\xa2 \x07Restrictions On Use\n15. ARBITRATION PROVISION........................... 14\n\xe2\x80\xa2 Agreement to Arbitrate\n\xe2\x80\xa2 Opt-Out and Rejection Notice\n\xe2\x80\xa2 Definition of Claim\n\xe2\x80\xa2 Arbitration Process Generally\n\xe2\x80\xa2 Arbitration Fees\n\xe2\x80\xa2 Attorney Fees\n\xe2\x80\xa2 FAA\n\xe2\x80\xa2 Survival\n\xe2\x80\xa2 Contacting Arbitration Administrators\n16. YOUR BILLING RIGHTS................................ 17\n\xe2\x80\xa2 Keep This Document for Future Use\n\xe2\x80\xa2 What to Do If You Find a Mistake On Your\nStatement\n\xe2\x80\xa2 What Will Happen After We Receive Your\nLetter\n\xe2\x80\xa2 Your Rights If You Are Dissatisfied With\nYour Credit Card Purchases\n17. ADDITIONAL DISCLOSURES FOR RESIDENTS\nOF SPECIFIC STATES........................................... 19\n\xe2\x80\xa2 California Residents\n\xe2\x80\xa2 New York and Vermont Residents\n\xe2\x80\xa2 Ohio Residents\n\xe2\x80\xa2 Utah Residents\n18. GLOSSARY OF DEFINITIONS....................... 21\n3\n\n\x0cTerms and Conditions\n1. ACCESSING AND USING YOUR ACCOUNT\na. Generally. Your Account can be accessed by a Card\nissued to you or to any Authorized User. Your Account may\nonly be used for personal, family, or household purposes.\nYour Account may not be used for illegal purposes, and\nit may not be used for internet gambling, or marijuana\nPurchases, even if legal. You are responsible for any\nuse of, and Charges to, your Account by you and/or your\nAuthorized User(s), even if the use or Charge is prohibited\nby this Agreement.\nb. Authorized User(s).\ni. Adding or Removing an Authorized User. Notify Us if\nyou want to add or remove an Authorized User on your\nAccount. We will ask you certain identifying information\nabout the Authorized User before adding them to the\nAccount. We reserve the right to remove any Authorized\nUser at any time. Any Authorized User you add must\nfollow all of the terms of use of this Account which apply\nto you, and a failure by any Authorized User to follow\nsuch provisions, will be deemed a failure by you to\nadhere to such provisions.\nii. Communications with an Authorized User. You agree we\nmay share certain information with an Authorized User\nregarding your Account in order to effectively administer\nyour Account, including transaction verifications, digital\nwallet verifications, fraud disputes, and similar security\ntype verifications involving use of your Account by the\nAuthorized User. We will not share information beyond\nwhat we believe is necessary.\nc. Convenience Checks.\ni. From time to time, we may provide you with Convenience\nCheck to access your Account. By using a Convenience\nCheck, you agree to follow any special terms we send\nyou with such Convenience Check. The amount of\nyour Convenience Check will be added to either a\nseparate Balance on the Bill (if special terms apply),\nor the Purchase Balance (if no special terms apply).\nAdditionally, the Convenience Check Advance Fee (as\nset forth in the Rates and Fees Table) will be added to\nthe Cash Advance Balance. NOTE: There is no Grace\nPeriod for Charges related to Convenience Checks.\nii. Limitations. We have the right not to pay a Convenience\nCheck for any reason. You may not use a Convenience\nCheck to make a payment on your Account or any\nother account with us. You must inform any person to\nwhom you provide a Convenience Check that they must\n4\n\n2. C\n\na. G\nt\ni\nc\n\nb. C\ny\nY\ny\nd\nA\nt\nc\ni\ne\nM\n\nc. C\na\ns\nc\n\nd. C\nW\na\nW\ns\nc\n\n3. U\n\na. G\nA\nh\nA\n(\nT\nr\no\nt\ns\n\nb. A\nC\na\ns\nl\n\nc. B\nA\nf\n\n\x0cCard\nmay\nses.\nand\nuana\nany\nyour\nbited\n\nUs if\nyour\nation\nthe\nized\nmust\npply\nollow\nu to\n\ne we\nUser\nister\ngital\nurity\ny the\nyond\n\nence\nence\nsend\nnt of\ner a\nply),\nply).\ne (as\ned to\nrace\n\nence\nence\nany\non to\nmust\n\ndeposit the Convenience Check at their own depository\ninstitution as we will not cash a Convenience Check at\nour branches for non-KeyBank customers.\n2. CREDIT LIMITS AND CASH ADVANCE LIMITS\na. Generally. All Cards accessing your Account are subject\nto your Account\xe2\x80\x99s credit and cash advance limits. Your\ninitial credit limit and cash advance limit are located on the\ncard carrier that was sent to you with your Card.\nb. Credit Limit. Your credit limit is the maximum amount that\nyou can have outstanding on your Account at any time.\nYou agree not to initiate any Charges that would cause\nyour Account balance to exceed the credit limit. At our\ndiscretion, we may approve a Charge that causes your\nAccount balance to exceed the credit limit, but we do not\ntreat such a Charge as a request for an increase to your\ncredit limit. You are responsible for paying all Charges\nin excess of your credit limit immediately. All Charges in\nexcess of your credit limit will be included as part of your\nMinimum Payment.\nc. Cash Advance Limit. Your Cash Advance limit is only\na portion of your total available unused credit limit. If no\nseparate Cash Advance limit is listed on your Bill, then your\ncredit limit and your Cash Advance limit are the same.\nd. Changes to Your Credit Limit and Cash Advance Limit.\nWithout advance notice, we may change your credit limit at\nany time (which may also affect your Cash Advance limit).\nWe will notify you of any changes through your Bill or by\nsending you a separate notice, which may be after the\nchange occurs.\n3. USING YOUR CARD FOR CHARGES\na. Generally. You may use your Account for Purchases, Cash\nAdvances, or Balance Transfers. Each type of Charge will\nhave its own Balance. Each Balance may have a separate\nAPR. Certain Charges will also incur a transaction fee\n(as set forth in the Rates and Fees Table) (e.g. a Balance\nTransfer will incur a Balance Transfer Fee). You must\nrefer to the Rates and Fees Table for a complete listing\nof transaction fees specific to your Account. Other nontransaction-based fees may apply to your Account. Please\nsee Section 6 below for an explanation of such fees.\nb. Authorization of Charges. We do not guarantee this\nCard will be accepted by any merchant. We may refuse to\nauthorize any Charge at our sole discretion, even if there is\nsufficient available credit. We are not responsible for any\nlosses associated with a declined Charge.\nc. Balance Transfers. You can transfer balances to your\nAccount by Notifying Us. We will charge a Balance Transfer\nfee on the amount of each Balance Transfer. We permit\n5\n\n\x0cBalance Transfers from most accounts issued by other\nbanks. We do not permit Balance Transfers from other\naccounts or loans with us or any of our affiliates. Note,\nhowever, that if you transfer a balance using a Convenience\nCheck, such Charge will be treated like any other Charge\ncompleted by a Convenience Check. (See Section 1(d)\nregarding Convenience Checks).\n\no\n5\nC\np\nA\na\nG\n\nd. Recurring Charges. Cardholders may authorize a thirdparty to bill Charges on a recurring basis to your Account. If\nyou want to stop these Charges, you must contact the third\nparty and direct the third party that it is no longer authorized\nto make Charges to your Account. Recurring Charges\nmay not process if your Card number, expiration date, or\nsecurity code changes. You agree that we may, but are not\nrequired to, transfer recurring Charges to any replacement\nCard or Account. If your Account is closed or suspended\nor we suspend making certain recurring Charges on your\nAccount, you are responsible for making alternate payment\narrangements with the affected third party.\n\nb. I\ni\nM\nN\nP\na\nF\nf\n\n4. INTEREST CHARGES\na. Your APR\xe2\x80\x99s are on the Rates and Fees Table. Variable\nRates are calculated by adding together an index and a\nmargin. The index is the Prime Rate as published in the\n\xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall Street Journal. At\nthe end of your billing period, we look at the Prime Rate\nas published on the last business day of the previous\ncalendar month to determine your index. An increase or\ndecrease in the index will cause a corresponding increase\nor decrease in your variable rates effective as of the first\nday of your billing cycle that begins in the same month in\nwhich such change in the index is published. Your Rates\nand Fees Table will indicate the \xe2\x80\x9cmargin\xe2\x80\x9d applicable to your\nAccount. If the APR increases, you will pay a higher interest\nCharge and may have a higher Minimum Payment. If The\nWall Street Journal ceases to publish the Prime Rate, or it\nchanges the definition of the U.S. Prime Rate, we may, in\nour sole discretion, substitute another index.\nb. Minimum Interest Charge. If the interest calculation for\nthe Billing Period (using the formula explained in Section 5\nbelow) renders an amount greater than zero, but less than\nthe \xe2\x80\x9cMinimum Interest Charge\xe2\x80\x9d (as set forth in the Rates\nand Fees Table), we will add the Minimum Interest Charge\nto your Account in lieu of the interest from the interest\ncalculation. The Minimum Interest Charge is labeled as a\nfee on your Bill (rather than interest), and is added to the\nPurchase Balance.\n5. INTEREST CALCULATION\na. Generally. Even though your Account may be accruing\ninterest Charges during the entire Billing Period, we only\npost interest Charges to your Account once, at the end\n6\n\n(\n=\n\nT\np\nf\n\nB\n+\n+\n+\n\n\xe2\x80\xa0\n\nW\nP\nP\nu\nC\n\nY\nB\nC\nC\nf\np\nA\n\nc. I\nt\nC\nw\nB\nB\n\n\x0cother\nother\nNote,\nence\narge\n1(d)\n\nof each Billing Period. (See formula below in subsection\n5(b) for how we do this.) Because we do not post interest\nCharges until the end of the Billing Period, if you make a\npayment mid-Billing Period intending to pay off the entire\nAccount, be aware that you may not have taken into\naccount interest accruing on Balances not entitled to a\nGrace Period.\n\nhirdnt. If\nthird\nized\nrges\ne, or\ne not\nment\nnded\nyour\nment\n\nb. Interest Charge Calculation Formula. We charge\ninterest on your Account using the Average Daily Balance\nMethod with Compounding (including new transactions).\nNote: the Glossary also contains a definition of Daily\nPeriodic Rate (referred to as \xe2\x80\x9cDPR\xe2\x80\x9d in the formula below)\nand Average Daily Balance (\xe2\x80\x9cADB\xe2\x80\x9d in the formula below).\nFor each Balance that makes up your Account, we use the\nformula below:\n\nable\nnd a\nn the\nl. At\nRate\nious\ne or\nease\nfirst\nth in\nates\nyour\nerest\nThe\nor it\ny, in\n\nn for\non 5\nthan\nates\narge\nerest\nas a\no the\n\nuing\nonly\nend\n\n(DPR) x (ADB) x (# of days in Billing Period)\n= Interest Charges\nTo arrive at the ADB used in the formula above we\nperform the following calculation during the Billing Period\nfor each specific Balance to come up with a Daily Balance:\nBeginning Balance (i.e. the previous day\xe2\x80\x99s Daily Balance)\n+ New transactions\n+ Fees specific to a particular transaction\n+ Interest applicable to the previous day\xe2\x80\x99s Daily Balance\xe2\x80\xa0\nusing the DPR to calculate the interest\n- Payments or credits\n= Daily Balance\n\xe2\x80\xa0\n\nWe treat any credit balance as a zero balance\n\nWe add together all of the Daily Balances for the Billing\nPeriod and then divide the number of days in the Billing\nPeriod to arrive at the ADB. The ADB amount can then be\nused in the formula above to determine the actual interest\nCharges that will be added to (i.e. posted to) your Account.\nYou will be able to see the Interest Charges for each of the\nBalances on your Bill under the section entitled \xe2\x80\x9cInterest\nCharge Calculation.\xe2\x80\x9d We then add up all of the interest\nCharges for each Balance to get the total interest Charges\nfor the Billing Period, which total can be found on the first\npage of your Bill in the box labeled \xe2\x80\x9cSummary of Card\nActivity\xe2\x80\x9d under the heading of \xe2\x80\x9cInterest Charged.\xe2\x80\x9d\nc. Interest Charges and Fees Are Added to the Balances\nto Which They Apply. We add the applicable interest\nCharges to the Balances to which they apply (for example,\nwe add interest Charges on Purchases to the Purchase\nBalance). Likewise, we add the particular fees to the\nBalances to which they apply (for example, we add the\n7\n\n\x0cBalance Transfer Fee to the Balance Transfer Balance).\nNote that Cash Advance Fees, and Convenience Check\nFees are added to the Cash Advance Balance. Fees\nthat do not apply to a particular Balance are added to the\nPurchase Balance.\nd. Grace Period Only Applies to Purchases. Only the\nportion of the Purchase Balance attributable to Purchases\nwill be provided a Grace Period. Other Charges in the\nPurchase Balance (such as Convenience Checks) will be\ncharged interest from the date of the transaction at the\ndisclosed APR. (For more information, see Section 1(d)\nregarding Convenience Checks). Also, there is no Grace\nPeriod for Balance Transfers or Cash Advances.\ne. How the Grace Period Works to Avoid Interest on\nPurchases. In order to receive a Grace Period on your\nPurchases, you will need to pay in full on or before the\nDue Date the \xe2\x80\x9cNew Balance\xe2\x80\x9d on your Bill. As long as you\ncontinue to pay the entire \xe2\x80\x9cNew Balance\xe2\x80\x9d on your Bill on\nor before the Due Date each consecutive Billing Period,\nyour Purchases will receive a Grace Period. If you do not\npay your Bill in full (including the amount of any special\npromotions, Convenience Check offers, etc.), you will lose\nyour Grace Period. If you lose your Grace Period by making\nonly a partial payment that is at least equal to the Minimum\nPayment on or before the Due Date, then in the next Billing\nPeriod, we will apply your partial payment as of the first day\nof that next Billing Period. If you lose your Grace Period,\nyou may earn it back by paying the entire \xe2\x80\x9cNew Balance\xe2\x80\x9d\nlisted on any subsequent Bill. Once you have paid the New\nBalance on your Bill in full on or before its Due Date, you\nwill receive a Grace Period for any Purchases made in\nthe next Billing Period (subject to loss as set forth above).\nNote: in this section, the \xe2\x80\x9cnext\xe2\x80\x9d Billing Period means the\nBilling Period which started immediately following the\nBilling Period for which you paid your Bill in full on or before\nthe Due Date, which Due Date falls in the Billing Period\nidentified in this section as the \xe2\x80\x9cnext\xe2\x80\x9d Billing Period.\nf. When We Begin to Charge Interest. Except as set forth\nin the previous section entitled \xe2\x80\x9cHow the Grace Period\nWorks to Avoid Interest on Purchases,\xe2\x80\x9d all Charges begin\nto accrue interest from the date of the transaction (which\nmay be earlier than the posting date). Such Charges will\ncontinue to accrue interest until paid in full.\ng. When We Add Charges. We add Charges to your Account\nno earlier than the date of the transaction. Generally,\nthe date of the transaction will be the sale date for the\nPurchases, the date you request a Balance Transfer\nor a Cash Advance, or the date the payee deposits a\nConvenience Check. There may be delays in posting\nCharges to your Account. Although we generally add the\nfees associate with a specific Charge on the same date\n8\n\nt\nw\ns\no\nt\ns\nB\n\n6. F\n\na. T\ns\nc\nB\nf\nF\na\ni\n\nb. L\nm\ne\nT\nt\nA\nM\n\n7. P\n\na. Y\ny\na\nm\ne\nP\nS\nb\n\nb. M\nP\na\n\nY\no\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\nI\nN\n\nc. M\n\ni\n\n\x0cnce).\nheck\nFees\no the\n\nthe\nases\nthe\nll be\nthe\n1(d)\nrace\n\nt on\nyour\nthe\nyou\nll on\nriod,\no not\necial\nlose\nking\nmum\nilling\nday\nriod,\nnce\xe2\x80\x9d\nNew\nyou\ne in\nove).\nthe\nthe\nefore\neriod\n\nforth\neriod\negin\nhich\ns will\n\nount\nrally,\nthe\nnsfer\nts a\nsting\nd the\ndate\n\nthat we add the Charge, for non-transaction related fees,\nwe post them when the service is requested (e.g. when a\nstatement reprint is requested) or when the assessment\noccurs (e.g. late fees at the end of the Billing Period). Note\nthat any Balance may be subdivided to accommodate for\nspecial terms Convenience Checks or other promotional\nBalances.\n6. FEES\na. Transaction Fees. We charge fees in connection with\nspecific Charges you have initiated. For example, we\ncharge a Balance Transfer Fee when you request a\nBalance Transfer. Please see the Rates and Fees Table\nfor a full listing of all of our transaction fees. The fees for\nForeign Currency Transactions (as set forth in the Rates\nand Fees Table) are calculated as set forth in the definition\nin the Glossary.\nb. Late Payment Fees. If you make a Late Payment, we\nmay charge you a Late Payment fee. For a detailed\nexplanation of this fee, please see the Rates and Fees\nTable (particularly the additional language following such\ntable which contains additional terms of your Cardmember\nAgreement). The Late Payment Fee will not exceed the\nMinimum Payment amount.\n7. PAYING US\na. Your Bill. You agree to pay us all amounts that we lend\nyou on your Account, together with the interest Charges\nand fees as provided in this Agreement. Additionally, you\nmay pay all or part of your Account balance at any time. For\neach Billing Period, you agree to pay at least the Minimum\nPayment on or before the Due Date in accordance with our\nStandard Payment Instructions. If you don\xe2\x80\x99t receive a Bill\nby the date when you usually receive it, Notify Us at once.\nb. Minimum Payment. If you do not pay the Minimum\nPayment by the Due Date, we may charge you a Late Fee\nand you will be in Default.\nYour Minimum Payment will include any amount in excess\nof your credit limit plus the greater of:\n\xe2\x80\xa2 $30.00, or\n\xe2\x80\xa2 1% of the outstanding Balance on the Account (inclusive\nof all fees other than the late fee) plus interest charges,\nlate fees and any past due amount.\nIn any case, your Minimum Payment will not exceed the\nNew Balance on your Bill.\nc. Making a Payment.\ni. By Check. You authorize us to either use information\nfrom your check to make a one-time electronic fund\ntransfer from your account or to process the payment as\na check transaction.\n9\n\n\x0cii. By Phone. If you call us to make a payment to us over\nthe phone, you authorize us to make such payment in\naccordance with your instructions. You agree that we\nmay either record your oral authorization during the call\nor send you notice by mail or e-mail of the authorization.\niii. When Payments are Received. When you schedule a\npayment with us through our online banking website or\nour mobile site before our cut-off times, we consider\nthe payment received by us on such date, even though\nthe funds associated with such payment have not been\ncollected by us. When you send us a check that satisfies\nour Standard Payment Instructions and the physical\ncheck arrives before our cut off times, we consider it\nreceived upon arrival. However, if you initiate a payment\nto us through another institution or third party, we will\nnot credit it to your Account until we receive the funds\nassociated with such payment. If a payment you send us\nis reversed for any reason, you may be charged a late\nfee and lose your Grace Period.\nd. Cut-off Times, Weekends, and Holidays. You must\nfollow the payment instructions (including cut-off times)\nprovided on your Bill, as well as the Standard Payment\nInstructions defined in the Glossary. To be credited on day\nof receipt, payments must be received by the cut-off time.\nWe are not required to, but may, extend the cut-off time at\nour discretion for certain electronic payment channels. If\nyour Due Date falls on a weekend or holiday, we will treat\nmailed payments received by us by the cut-off time on our\nnext business day as being received by us on the Due Date.\n8. HOW WE APPLY YOUR PAYMENTS\na. Crediting Payments to Your Account. As long we receive\nyour Minimum Payment on, or before, the Due Date, in\naccordance with our Standard Payment Instructions and\nbefore our cut off times, you will not be charged late fees.\nWe will credit your payment as of the day it is received,\neven though there may be delays in posting the payment to\nyour Account. If we post a payment after the Due Date that\nwas received by us before the Due Date, we will adjust your\nAccount for late fees and interest accrual, if applicable.\nWe may accept and process late, partial and payments\nmarked as \xe2\x80\x9cpaid in full\xe2\x80\x9d without losing our rights under this\nAgreement. Any such payments must be sent to the special\naddress identified on your Bill.\nb. Payments in Excess of the Minimum Payment. If you\nmake more than the Minimum Payment when due, the\nexcess above the Minimum Payment is applied to Balances\nwith the highest APRs first, unless otherwise required by\nlaw.\nc. Payments Less Than or Equal to the Minimum\nPayment. We may apply the amount of your payment less\n10\n\nt\ny\nt\ny\n\nd. H\ni\nu\nD\ny\na\nc\nT\nf\ny\nm\nb\nc\na\nr\n\ne. C\nb\na\nb\n\n9. D\n\na. G\nA\nw\nB\na\nD\ny\na\nA\n\nb. E\na\ne\no\nt\n\n10. C\n\na. C\na\nA\nfi\nw\nu\nP\nC\nc\ns\nA\n\n\x0cover\nnt in\nt we\ncall\ntion.\n\nule a\nte or\nsider\nough\nbeen\nsfies\nsical\ner it\nment\nwill\nunds\nd us\nlate\n\nmust\nmes)\nment\nday\nime.\nme at\nls. If\ntreat\nn our\nDate.\n\neive\ne, in\nand\nees.\nved,\nnt to\nthat\nyour\nable.\nents\nthis\necial\n\nyou\nthe\nnces\nd by\n\nmum\nless\n\nthan or equal to your Minimum Payment and any credits to\nyour Account in any way we choose. We generally apply\nthese payments to lower APR Balances first, which means\nyou may pay higher interest Charges.\nd. How Payments Affect Your Credit Limit. We do not\nimmediately increase the amount of total available credit\nunder your Credit Limit upon receipt of your payment.\nDepending upon your payment amount and other factors,\nyou may not be able to reborrow the payment amount for\na reasonable amount of time to ensure your payment has\ncleared, depending upon the payment method you chose.\nThis allows us a reasonable amount of time to collect the\nfunds associated with your payment and help you manage\nyour Credit Limit to avoid over limit situations. When you\nmake a payment to us from an account that is not controlled\nby us, you should reference the disclosures provided in\nconnection with such payment channel to determine the\napproximate amount of time that it takes such payment to\nreach us.\ne. Credit Balances. You may request a refund of credit\nbalances at any time. If no refund is requested, we will\napply credit balances to new Charges, unless prohibited\nby law.\n9. DEFAULT AND ENFORCEMENT\na. Generally. If your Account is in Default, we may close your\nAccount or terminate or suspend your credit privileges\nwithout notice and require full payment of your outstanding\nBalance immediately. We can also begin collection\nactivities. To the extent permitted by law, if you are in\nDefault because you have failed to pay us, we will require\nyou to pay our collection costs, attorneys\xe2\x80\x99 fees, court costs\nand all other expenses of enforcing our rights under this\nAgreement.\nb. Enforcement. We may choose to delay enforcing or waive\nany of our rights under this Agreement. We can delay\nenforcing or waive any of our rights without affecting our\nother rights. If we waive a right, we do not thereby waive\nthe same right in other situations.\n10. CLOSING YOUR ACCOUNT\na. Closing Your Account. You may close your Account at\nany time by Notifying Us. We may close or suspend your\nAccount at any time for any reason without telling you\nfirst. If there are any unpaid amounts on your Account\nwhen it is closed, you remain responsible for paying all\nunpaid amounts. After closure, we will no longer authorize\nPurchases, Balance Transfers, Cash Advances or other\nCharges initiated by you, but your Account Balances will\ncontinue to accrue interest Charges and fees and remain\nsubject to all other terms of this Agreement. As long as your\nAccount is not in Default, you will be permitted to pay your\n11\n\n\x0cBill monthly until your Account is paid in full. If your Account\nis in Default when it is closed, please refer to Section 9\nof this Agreement regarding Default and Enforcement for\nfurther information as to payment responsibilities.\n11. LOST, STOLEN, OR COMPROMISED CARDS/ACCOUNT\na. Notify Us. You must Notify Us immediately and stop using\nyour Account.\nb. Liability. You will not be liable for any unauthorized use\nthat occurs after you Notify Us. You may, however, be liable\nfor unauthorized use that occurs before you Notify Us. In\nany case, your liability will not exceed $50. A Charge that\nfalls into the definition of an Authorized Charge will not be\nconsidered unauthorized use.\n12. COMMUNICATIONS\na. Mailings. We will send Bills and other Account related\ncommunications to your Address On File, which may also\ninclude an alternate address you have provided us for\nspecific purposes we agree upon. We will not send a new\nor replacement Card to a post office box or to your Address\nOn File if it has recently changed.\nb. Telephone Communications. By providing a telephone\nnumber for a cellular telephone, other wireless device, or\na landline number that was later converted to a wireless\ndevice, you are expressly consenting to receiving\ncommunications at that number, including, but not limited\nto, prerecorded or artificial voice message calls, text\nmessages, and calls made by an automatic telephone\ndialing system from Laurel Road, a brand of KeyBank\nNational Association, Member FDIC, and its affiliates\nand agents. This express consent applies to each such\ntelephone number that you provide to us now or in the\nfuture and permits such calls regardless of their purpose.\nThese calls and messages may incur access fees from\nyour cellular provider. Some of the legal purposes for calls\nand messages include: suspected fraud or identity theft,\nobtaining information; transacting on or servicing of the\nAccount; collecting on the Account, and providing you\ninformation about product and services.\nc. Telephone Monitoring. We may listen to and record your\ntelephone calls with us.\nd. Authenticating Your Identity. When you call us, we may\nask you certain information to be comfortable it is you we\nare talking to. We may also ask for such information when\nyou are writing to us via mail or signing on to our online\nbanking site or our mobile site. We will not ask you via\ne-mail to provide us any identifying information so be aware\nnot to respond to any phishing e-mails.\ne. E-Mail Communications. We may also send an email to\nany e-mail address you have provided us or any e-mail\n12\n\na\n\nf. C\nU\nA\ny\no\nU\n\n13. C\n\na. C\no\na\ns\ns\nd\nr\n\nb. C\ni\na\nU\no\nc\nU\nU\n\nc. D\nw\nl\nY\n\n14. O\n\na. A\nb\na\na\n\nb. A\no\nf\nt\nl\n\nc. A\nA\nn\ns\nY\n\nd. S\n1\nd\no\nr\n\n\x0count\non 9\nt for\n\nUNT\n\nsing\n\nuse\nable\ns. In\nthat\not be\n\nated\nalso\ns for\nnew\nress\n\nhone\ne, or\neless\nving\nmited\ntext\nhone\nBank\nates\nsuch\nthe\nose.\nfrom\ncalls\nheft,\nthe\nyou\n\nyour\n\nmay\nu we\nwhen\nnline\nu via\nware\n\nail to\nmail\n\naddress where we reasonably believe we can contact you.\nf. Changes to Your Information. You are required to Notify\nUs any time you move or otherwise want to change your\nAddress On File. Notify Us immediately of any changes to\nyour phone numbers, e-mail address, Address On File or\nother contact information. Please see definition of \xe2\x80\x9cNotify\nUs\xe2\x80\x9d for methods of contacting us.\n13. CREDIT INFORMATION\na. Credit Information We Receive About You. We may\nobtain and review your credit history from credit reporting\nagencies and others, including in connection with the\nservicing and collection of your Account. As a part of\nservicing, we will review your Account on a regular basis to\ndetermine if you are eligible for certain promotional offers\nrelated to your Account, and you authorize us to do so.\nb. Credit Reporting We Do on Your Account. We provide\ninformation about this Account to consumer reporting\nagencies and others for you as well as for any Authorized\nUser. As Authorized Users are not liable for repayment\nof this Account, an Authorized User may request that we\ncease reporting this Account for him or her. If an Authorized\nUser makes such a request, we will remove the Authorized\nUser from the Account.\nc. Disputes. If you think we provided incorrect information,\nwrite to us at the address provided in the section of your Bill\nlabeled \xe2\x80\x9cWhat To Do If You Think You Find A Mistake On\nYour Statement\xe2\x80\x9d and we will investigate.\n14. OTHER PROVISIONS\na. Applicable Law. This Agreement and the Account will\nbe governed by federal law, and to the extent state law is\napplicable, the laws of the state of Ohio, and these laws will\napply no matter where you live or use this Account.\nb. Amendments. We may change or terminate all or any part\nof this Agreement, including without limitation APRs and\nfees, at any time. We may also add new terms or delete\nterms. Any changes will be in accordance with applicable\nlaw, and we will provide notice as required by law.\nc. Assignment. We may sell, Assign, or transfer the\nAgreement and the Account or any portion thereof without\nnotice to you, and the purchaser, assignee, or transferee\nshall have the same rights as we do under this Agreement.\nYou may not sell, Assign, or transfer the Account.\nd. Severability. Except as specifically provided in Section\n15 below, if any provision of this Agreement is finally\ndetermined to be void or unenforceable under any law, rule\nor regulation, all other provisions of this Agreement will\nremain valid and enforceable.\n13\n\n\x0ce. Restrictions on Use. We may restrict use of your Card\nin any jurisdiction or country where such use would be\ncontrary to U.S. law or regulation, or which is identified as\npresenting a high risk of fraud. Please call 1-800-KEY2YOU\nfor the current list of countries where Charges are restricted.\n15. ARBITRATION PROVISION\nThis Arbitration Provision will not apply to new\naccounts opened on or after October 3, 2017 by\nCovered Borrowers as such term \xe2\x80\x9cCovered Borrower\xe2\x80\x9d\nis defined by the Military Lending Act, 10 U.S.C. 987 e.\nseq. and its implementing regulations.\na. Agreement to Arbitrate. This Arbitration Provision sets\nforth the circumstances and procedures under which a\nClaim or Claims (as defined below) may be arbitrated\ninstead of litigated in court. This Arbitration Provision\nsupersedes and replaces any existing arbitration between\nyou and us.\nb. Opt-Out and Rejection Notice. You have a limited right\nto opt-out of this Arbitration Provision. If you do not follow\nthe opt-out procedures set forth in this section exactly, the\nArbitration Provision section will apply. This Arbitration\nProvision will apply to this Account unless you\nnotify us in writing that you reject the Arbitration\nProvision within 60 days of opening this Account.\nSend your rejection notice to KeyBank N.A., PO Box\n93752, Cleveland, Ohio 44101-5752. Your notice must\nbe legible and include your name, the names of any\njoint Account holders and the Account number(s),\nthe last four digits of your card number, the date of\nyour notice, your address (street, city, state and zip\ncode), your daytime telephone number, and must be\nsigned by at least one of the joint Account holders.\nYour rejection notice should not include any other\ncorrespondence. Calling us to reject the Arbitration\nProvision or providing notice by any other manner\nor format than as described above will not operate\nas a rejection of this Arbitration Provision and\nconsequently this Arbitration Provision will become\npart of this Agreement. Rejection of this Arbitration\nProvision does not serve as a rejection of any other\nterm or condition of the Agreement with us governing\nyour Account(s).\nc. Definition of Claim. As used in this Arbitration Provision,\nthe word \xe2\x80\x9cClaim\xe2\x80\x9d or \xe2\x80\x9cClaims\xe2\x80\x9d means any claim, dispute, or\ncontroversy between you and us arising from or relating to\nthis Agreement or the Account, including without limitation,\nthe validity, enforceability, or scope of the Arbitration\nProvision or this Agreement. \xe2\x80\x9cClaim\xe2\x80\x9d or \xe2\x80\x9cClaims\xe2\x80\x9d includes\nclaims of every kind and nature, whether pre-existing,\npresent or future, including without limitation, initial claims,\n14\n\nc\nc\nt\ne\no\ng\no\nc\ns\nf\np\nA\nA\nu\nC\no\nt\nd\n\nd. A\nw\na\nt\nb\nA\nf\nb\n\nA\no\nP\nA\nt\nm\na\nu\nt\ni\ny\no\na\nt\nt\ny\ns\ns\n(\nl\nt\np\ne\na\n\n\x0cCard\nd be\nd as\nYOU\ncted.\n\nnew\nby\nwer\xe2\x80\x9d\n87 e.\n\nsets\nch a\nated\nsion\nween\n\nright\nollow\n, the\ntion\nyou\ntion\nunt.\nBox\nmust\nany\nr(s),\ne of\nzip\nt be\ners.\nther\ntion\nnner\nrate\nand\nome\ntion\nther\nning\n\nsion,\ne, or\nng to\ntion,\nation\nudes\nting,\nims,\n\ncounterclaims, cross-claims, and third-party claims, and\nclaims based upon contract, tort, fraud, and other intentional\ntorts, constitutions, statutes, regulation, common law, and\nequity (including, without limitation, any claim for injunctive\nor declaratory relief). The word \xe2\x80\x9cClaim\xe2\x80\x9d or \xe2\x80\x9cClaims\xe2\x80\x9d is to be\ngiven the broadest possible meaning and includes, by way\nof example, and without limitation, any claim, dispute, or\ncontroversy that arises from or relates to (a) any Account\nsubject to the terms of this Agreement (b) any electronic\nfunds transfer from or to any Account (c) advertisements,\npromotions, or oral and written statements related to this\nAgreement or the Account, (d) your application for the\nAccount; and (e) the collection of amounts owed by you to\nus. Notwithstanding this arbitration provision, if you have a\nClaim that is within the jurisdiction of the small claims court\nor your state\xe2\x80\x99s equivalent court, you may file your Claim\nthere. If that Claim is transferred, removed or appealed to a\ndifferent court, then we have the right to choose arbitration.\nd. Arbitration Process Generally. This Arbitration Provision\nwill not apply to Claims previously, or which are later\nasserted, in lawsuits filed before the effective date of\nthis Arbitration Provision or any prior arbitration provision\nbetween you and us, whichever is earlier. However, this\nArbitration Provision will apply to all other Claims, even if the\nfacts and circumstances giving rise to the Claims existed\nbefore the effective date of this Arbitration Provision.\nAny Claim shall be resolved, upon the election of you\nor us, by binding arbitration pursuant to this Arbitration\nProvision and the applicable rules of either the American\nArbitration Association or J.A.M.S/Endispute in effect at\nthe time the Claim is filed (the \xe2\x80\x9cArbitration Rules\xe2\x80\x9d). You\nmay select one of these organizations to serve as the\narbitration administrator if you initiate an arbitration against\nus or if either you or we compel arbitration of a Claim that\nthe other party has brought in court. In addition, if we\nintend to initiate an arbitration against you, we will notify\nyou in writing and give you twenty (20) days to select\none of these organizations to serve as the arbitration\nadministrator. If you fail to select an administrator within\nthat twenty (20)-day period, we will select one. In all cases,\nthe arbitrator(s) should be a lawyer with more than ten (10)\nyears of experience or a retired judge. If for any reason the\nselected organization is unable or unwilling or ceases to\nserve as the arbitration administrator, you will have twenty\n(20) days to select a different administrator from the above\nlist; if you fail to select a different administrator within the\ntwenty (20)-day period, we will select one. In all cases, a\nparty who has asserted a Claim in a lawsuit in court may\nelect arbitration with respect to any Claim(s) subsequently\nasserted in that lawsuit by any other party or parties.\n15\n\n\x0cIF ARBITRATION IS CHOSEN BY ANY PARTY WITH\nRESPECT TO A CLAIM, NEITHER YOU NOR WE WILL\nHAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT\nOR HAVE A JURY TRIAL ON THAT CLAIM, OR TO\nENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT\nAS PROVIDED FOR IN THE APPLICABLE ARBITRATION\nRULES. FURTHER, YOU WILL NOT HAVE THE RIGHT\nTO PARTICIPATE AS A REPRESENTATIVE OR MEMBER\nOF ANY CLASS OF CLAIMANTS PERTAINING TO\nANY CLAIM SUBJECT TO ARBITRATION EXCEPT AS\nSET FORTH BELOW. THE ARBITRATOR\xe2\x80\x99S DECISION\nWILL BE FINAL AND BINDING. YOU UNDERSTAND\nTHAT OTHER RIGHTS THAT YOU WOULD HAVE\nIF YOU WENT TO COURT MAY ALSO NOT BE\nAVAILABLE IN ARBITRATION. THE FEES CHARGED\nBY THE ARBITRATION ADMINISTRATOR MAY BE\nGREATER THAN THE FEES CHARGED BY A COURT.\nThere shall be no authority for any Claims to be arbitrated\non a class action or private attorney general basis.\nFurthermore, arbitration can only decide your or our\nClaim(s) and may not consolidate or join the claims of\nother persons that may have similar claims. There shall be\nno pre-arbitration discovery except as provided for in the\napplicable Arbitration Rules. Any arbitration hearing that\nyou attend shall take place in the federal judicial district of\nyour residence.\ne. Arbitration Fees. At your written request, we will pay\nall fees charged by the arbitration administrator for any\nClaim(s) asserted by you in the arbitration, after you have\npaid an amount equivalent to the fee, if any, for filing such\nClaim(s) in state or federal court (whichever is less) in the\njudicial district in which you reside. (If you have already\npaid a filing fee for asserting the Claim(s) in court, you will\nnot be required to pay that amount again.) If the arbitrator\nissues an award in our favor, you will not be required to\nreimburse us for any of the fees we have previously paid to\nthe administrator or for which we are responsible.\nf. Attorney Fees. Each party shall bear the expense of that\nparty\xe2\x80\x99s attorneys\xe2\x80\x99, experts\xe2\x80\x99, and witness fees, regardless of\nwhich party prevails in the arbitration, unless applicable law\nand/or this Agreement gives you the right to recover any\nof those fees from us. In the event you do not prevail in\nthe arbitration, we will not seek to recover our attorneys\xe2\x80\x99,\nexperts\xe2\x80\x99 or witness fees from you.\ng. FAA. This Arbitration Provision is made pursuant to a\ntransaction involving interstate commerce, and shall be\ngoverned by the Federal Arbitration Act (\xe2\x80\x9cFAA\xe2\x80\x9d), 9 U.S.C.\nSections 1 et. seq. The arbitrator shall apply applicable\nsubstantive law consistent with the FAA and applicable\nstatutes of limitations and shall honor claims of privilege\n16\n\nr\ns\nt\na\nc\na\nc\nfi\nb\ne\na\na\nr\ni\no\na\nt\n\nh. S\nt\na\no\nt\nt\nc\nR\nP\n\ni. C\nq\nt\nt\nt\nB\na\nJ\n1\n5\n\n16. Y\n\na. K\ny\nC\n\nb. W\ny\na\ng\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\xe2\x80\xa2\n\n\x0cWITH\nWILL\nURT\nTO\nEPT\nION\nGHT\nBER\nTO\nT AS\nION\nAND\nAVE\nBE\nGED\nBE\nURT.\n\nrecognized at law, and at the timely request of any party,\nshall provide a brief written explanation of the basis for\nthe award. In conducting the arbitration proceeding, the\narbitrator shall not apply the federal or any state rules of\ncivil procedure or rules of evidence. Judgment upon the\naward rendered by the arbitrator may be entered in any\ncourt having jurisdiction. The arbitrator\xe2\x80\x99s decision will be\nfinal and binding, except for any right of appeal provided\nby the FAA and except that, if the amount in controversy\nexceeds $10,000.00 any party can appeal the award to\na three-arbitrator panel administered by the arbitration\nadministrator which shall reconsider de novo (i.e. without\nregard to the original arbitrator\xe2\x80\x99s findings) any aspect of the\ninitial award requested by the appealing party. The decision\nof the panel shall be by majority vote. The costs of such an\nappeal will be borne by the appealing party regardless of\nthe outcome of the appeal.\n\nated\nasis.\nour\ns of\nll be\nn the\nthat\nct of\n\nh. Survival. This Arbitration Provision shall survive\ntermination of all Accounts subject to this Agreement. If\nany portion of this Arbitration Provision is deemed invalid\nor unenforceable under any law or statute consistent with\nthe FAA, it shall not invalidate the remaining portions of\nthis arbitration provision or the Agreement. In the event of a\nconflict or inconsistency between the applicable Arbitration\nRules and this Arbitration Provision, this Arbitration\nProvision shall govern.\n\npay\nany\nhave\nsuch\nn the\neady\nu will\nrator\ned to\nid to\n\ni. Contacting Arbitration Administrators. If you have a\nquestion about the arbitration administrators mentioned in\nthis Arbitration Provision or would like to obtain a copy of\ntheir Arbitration Rules or fee schedules, you can contact\nthem as follows: American Arbitration Association, 1633\nBroadway, 10th Floor, New York, New York 10019, www.\nadr.org, (800) 778-7879. Commercial or Consumer Rules,\nJ.A.M.S./Endispute, 222 South Riverside Plaza, Suite\n1850, Chicago, IL 60606; www.jamsadr.com (800) 3525267, Financial Services Arbitration Rules and Procedures.\n16. YOUR BILLING RIGHTS\n\nthat\nss of\ne law\nany\nail in\neys\xe2\x80\x99,\n\na. Keep This Document for Future Use. This notice tells\nyou about your rights and our responsibilities under the Fair\nCredit Billing Act.\n\nto a\nl be\nS.C.\nable\nable\nlege\n\n\xe2\x80\xa2 Account information: Your name and Account number.\n\nb. What to Do If You Find a Mistake On Your Statement. If\nyou think there is an error on your statement, write us at the\naddress shown on your Monthly Statement. In your letter,\ngive us the following information:\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of the problem: If you think there is an error\non your Bill, describe what you believe is wrong and why\nyou believe it is a mistake.\n17\n\n\x0cYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your Monthly\nStatement.\n\xe2\x80\xa2 At least 3 business days before an automated payment\nis scheduled, if you want to stop payment on the amount\nyou think is wrong.\nYou must notify us of any potential errors in writing. You\nmay call us, but if you do, we are not required to investigate\nany potential errors and you may have to pay the amount\nin question.\nc. What Will Happen After We Receive Your Letter. When\nwe receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you\nthat we received your letter. We will also tell you if we\nhave already corrected the error.\n2. Within 90 days of receiving your letter, we must either\ncorrect the error or explain to you why we believe the\nBill is correct.\nWhile we investigate whether or not there has been an\nerror:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report\nyou as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your Monthly\nStatement, and we may continue to charge you interest\non that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question,\nyou are responsible for the remainder of your Balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit\nlimit.\nAfter we finish our investigation, one of two things will\nhappen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the\namount in question or any interest or other fees related\nto that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You have to pay\nthe amount in question, along with applicable interest\nand fees. We will send you a statement of the amount\nyou owe and the date payment is due. We may then\nreport you as delinquent if you do not pay the amount\nwe think you owe.\nIf you receive our explanation but still believe your Bill is\nwrong, you must write to us within 10 days telling us that\nyou still refuse to pay. If you do so, we cannot report you\nas delinquent without also reporting you are questioning\nyour Bill. We must tell you the name of anyone to whom\nwe reported you as delinquent, and we must let those\n18\n\no\nb\n\nI\nt\nB\n\nd. Y\nC\no\ny\nm\na\n\nT\n\n1\n\n2\n\n3\n\nI\nd\na\n\nW\nd\ni\nw\nr\n\n17. A\nS\n\na. C\nw\nA\no\no\no\na\ni\nC\n\nb. N\nu\nc\na\nm\nf\nv\n\n\x0cnthly\n\nment\nount\n\nYou\ngate\nount\n\nWhen\n\nyou\nf we\n\nither\ne the\n\norganizations know when the matter has been settled\nbetween us.\nIf we do not follow all of these rules above, you do not have\nto pay the first $50 of the amount you question, even if your\nBill is correct.\nd. Your Rights If You Are Dissatisfied With Your Credit\nCard Purchases. If you are dissatisfied with the goods\nor services that you have purchased with your Card, and\nyou have tried in good faith to correct the problem with the\nmerchant, you may have the right not to pay the remaining\namount due on the Purchase.\nTo use this right, all of the following must be true:\n1. The Purchase must have been made in your home state\nor within 100 miles of your current mailing address, and\nthe Purchase price must have been more than $50.\n(Note: Neither of these are necessary if your purchase\nwas based on an advertisement we mailed to you, or if\nwe own the company that sold the good or services.)\n\nn an\n\n2. You must have used your Card for the Purchase.\nPurchases made with cash advances from an ATM or\nwith a check that accesses your Account do not qualify.\n\neport\n\n3. You must not yet have fully paid for the Purchase.\n\nnthly\nerest\n\nIf all of the criteria above are met and you are still\ndissatisfied with the Purchase, contact us in writing at the\naddress shown on your Monthly Statement.\n\ntion,\nce.\n\nredit\n\nWhile we investigate, the same rules apply to the\ndisputed amount as discussed above. After we finish our\ninvestigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may\nreport you as delinquent.\n\nwill\n\n17. ADDITIONAL DISCLOSURES FOR RESIDENTS OF\nSPECIFIC STATES\n\nthe\nated\n\npay\nerest\nount\nthen\nount\n\na. California Residents. We will generally provide you\nwith thirty (30) days\xe2\x80\x99 prior written notice if we cancel your\nAccount unless: (i) otherwise requested by you; (ii) you are,\nor have been, within the last ninety (90) days, in default,\nor otherwise in violation of the terms of this Agreement;\nor (iii) we have evidence, or a reasonable belief, that you\nare unable or unwilling to repay the obligations you have\nincurred hereunder or that an unauthorized use of your\nCard has occurred.\n\nBill is\nthat\nyou\nning\nhom\nhose\n\nb. New York and Vermont Residents. You agree to give\nus permission to obtain one or more credit reports from\nconsumer reporting agencies in connection with this\napplication, any transaction or extension of credit that\nmay result from this application, and on an ongoing basis,\nfor the purposes of performing a routine and occasional\nverification of credit on the Account, updating or renewing\n19\n\n\x0cthe Account, adjusting the credit limit on the Account,\ntaking collection action on the Account, or for any other\nlegitimate purposes associated with the Account. Upon\nyour request, you will be informed of whether or not a\nconsumer credit report was ordered, and if it was, you will\nbe given the name and address of the consumer reporting\nagency that furnished the report.\nc. Ohio Residents. The Ohio laws against discrimination\nrequire that all creditors make credit equally available to all\ncreditworthy customers and that credit reporting agencies\nmaintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers\ncompliance with the law.\n\nGl\n\nEach\nexce\nwe,\nthe d\na pa\n\nTer\n\nAcc\n\nAdd\nFile\n\nd. Utah Residents. As required by Utah law, you are hereby\nnotified that a negative credit report reflecting on your\ncredit record may be submitted to a credit reporting agency\nif you fail to fulfill the terms of your credit obligations.\n\nAgr\n\nAPR\nPer\nRat\n\nAss\n\nAut\nCha\n\n20\n\n\x0count,\nother\nUpon\not a\nu will\nrting\n\nation\no all\nncies\nupon\nsters\n\nGlossary of Definitions\n\nEach term that is capitalized in this section is defined by us,\nexcept that we do not capitalize the words \xe2\x80\x9cyou, your, yours,\nwe, us, our,\xe2\x80\x9d but such terms will have the meanings set forth in\nthe definitions below. All of the definitions in this Section 18 are\na part of the Agreement between us.\nTerms:\n\nDefinitions\n\nAccount\n\nDefined in the first paragraph of this Agreement\n\nAddress On\nFile\n\nYour Address On File is the address that you\nprovided on your application to open this credit\ncard Account, unless (1) we have received and\nprocessed your written notice of a change of\naddress provided in accordance with the terms\ndisclosed on the back of your Bill, in which case\nthat new address is the address of record; or (2)\nin the event that your address changes before\nwe have sent out your first Bill, we have received\nand processed your written notice of a change\nof address sent to us at the address for mailing\npayments.\n\nAgreement\n\nDefined in the first paragraph of this Agreement\n\nreby\nyour\nency\n\nAPR or Annual APR or \xe2\x80\x9cannual percentage rate\xe2\x80\x9d is an annualized\nPercentage\ninterest rate. Different APRs may apply to different\nRate\nbalances on your Account, such as your Purchase\nBalance or your Cash Advance Balance. We use\nthe APR that applies to each Balance to calculate\nthe interest that you owe us on the Account.\nAssign\n\nWe Assign your Agreement if we sell or pass to\na third party any or all of our rights or obligations\nunder the Agreement, including any amount that\nyou owe under the Agreement. Subject to the\nextent of the assignment, any party to whom we\nAssign your Agreement will enjoy all our rights\nunder the Agreement, including contractual rights\nto collect amounts that you owe on the Account.\n\nAuthorized\nCharge\n\n\xe2\x80\xa2 \x07An Authorized Charge is any Charge that you\nor any Authorized User makes on the Account,\nand any fees and interest charges owing on the\nAccount.\n\xe2\x80\xa2 \x07Any Charge made by an Authorized User is an\nAuthorized Charge. This is true even if you told the\nAuthorized User not to make that specific Charge.\n\xe2\x80\xa2 \x07A Charge will still be authorized even if it is an\nillegal transaction (like illegal gambling charges),\nor it puts you over your credit limit, or it is made\nafter your Account has closed.\n\xe2\x80\xa2 \x07An Authorized Charge can be made over the\ntelephone, in person, on the Internet, or in any\nother way that your Account can be used.\n\n21\n\n\x0cAuthorized\nUser\n\nAverage\nDaily Balance\nMethod With\nCompounding\n\nIf you ask us to issue a Card on this Account to\nanother person, he or she is an Authorized User.\nIn addition, if you give your Card or Card number\nto another person, he or she is an Authorized User.\nAccording to this method, we calculate the interest\nCharges for each Balance by applying the \xe2\x80\x9cdaily\nperiodic rate\xe2\x80\x9d for that Balance to the \xe2\x80\x9caverage daily\nbalance\xe2\x80\x9d for that Balance. We multiply the result by\nthe number of days in the Billing Period. That gives\nus the total interest charges for that Balance for that\nBilling Period.\nThe \xe2\x80\x9cDaily Periodic Rate\xe2\x80\x9d is a daily interest rate.\nThe Daily Periodic Rate for a given Balance is equal\nto the APR for that Balance divided by 365.\nWe calculate the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for each\nbalance. We do this by starting with the beginning\namount of that Balance for each day. We add any\nnew Charges for that day, add any interest on the\nprevious daily balance if there is one in that Billing\nPeriod, and subtract any payments or credits.\nThis gives us the \xe2\x80\x9cdaily balance.\xe2\x80\x9d We calculate the\n\xe2\x80\x9caverage daily balance\xe2\x80\x9d for each Balance by adding\nall the daily balances for each day in the Billing\nPeriod and then dividing by the total number of days\nin the Billing Period. The addition of the prior day\xe2\x80\x99s\ninterest to the daily balance calculation causes\ninterest to compound daily.\nWe add fees that are specific to a particular Charge\nto the same daily balance as that particular Charge.\nWe add all other applicable fees to your Purchase\nBalance as of the first day of a Billing Period.\n\nBalance\n\n1. We put each Charge on your Account, including\ninterest or fees, into a Balance category.\n\nBala\nTran\n\nBilli\n(als\nto b\nBilli\n\nBill\nrefe\nby u\nyou\nSta\n\nCar\n\nCar\n\nCas\n\n2. We use the different Balances to calculate the\ncorrect interest Charges on your Account. If any\ntype of Charge has a separate interest rate, we\nwill put it into a separate Balance. This means\nthat your Account may have separate Balances\nfor Purchases, Cash Advances, and Balance\nTransfers. It also means that if any Charges are\nsubject to an introductory or other promotional\ninterest rate for a period, we will place such\nCharges into a separate Balance for the time\nperiod that you qualify for the special rate.\n3. We place interest Charges into the Balance\nthat generated those Charges. For example, we\nplace interest Charges on Purchases into your\nPurchase Balance.\n4. We place fees that result from a specific Charge\ninto the same Balance as that specific Charge.\nFor example, we place a Foreign Transaction\nFee that we assess on a Cash Advance into your\nCash Advance Balance. We place fees that do\nnot result from a specific Charge, such as a Late\nPayment fee, into your Purchase Balance.\n22\n\nCha\n\nDai\nRat\n\n\x0ct to\nser.\nber\nser.\n\nest\naily\naily\nby\nves\nhat\n\nate.\nual\n\nach\ning\nany\nthe\ning\ndits.\nthe\ning\ning\nays\nay\xe2\x80\x99s\nses\n\nrge\nge.\nase\n\ning\n\nBalance\nTransfer\n\nYou make a Balance Transfer when you contact us\nto transfer a Balance electronically or by phone.\n\nBilling Period\n(also referred\nto by us as the\nBilling Cycle)\n\n\xe2\x80\xa2 The Billing Period is the fixed period of time\ncovered by the Bill we send you. The Bill will\nshow your new Charges, including interest and\nfees, and any payments that posted to your\nAccount during that period. Each Bill that we\nsend will identify the Billing Period that it covers.\n\xe2\x80\xa2 If you have a credit or debit on the Account of $1\nor more at the end of any Billing Period, we will\nsend you a Bill, showing what you owe us as of\nthe end of that Billing Period.\n\nBill (also\nreferred to\nby us as\nyour Monthly\nStatement)\n\n\xe2\x80\xa2 Your Bill is the statement of your Account. Your\nBill will tell you the total amount that you owe us\nas of the end of the last Billing Period. It will also\ntell you the Minimum Payment that you must\nmake to us by the stated Due Date.\n\xe2\x80\xa2 We will send you a Bill at the end of each Billing\nPeriod if at that point you have a credit or debit on\nthe Account equal to or more than $1. We may\nnot send you a Bill, however, if we have decided\nyour Account is uncollectible or if we have sent\nthe Account for collection proceedings against\nyou.\n\xe2\x80\xa2 In our discretion, we may choose to send you\na Bill even if you do not have a credit or debit\nof $1 or more.\n\nCard\n\nYour Card is the physical Card, the Account\nnumber, or any device that can be used to access\nyour Account.\n\nCardholder(s)\n\nYou and/or any Authorized User\n\nCash Advance\n\nYou receive a Cash Advance when you use your\nCard or Account to do any of the following:\n\nthe\nany\nwe\nans\nces\nnce\nare\nnal\nuch\nme\n\nnce\nwe\nour\n\nrge\nge.\nion\nour\ndo\nate\n\n1. obtain cash from an automated teller machine\n(ATM); or\n2. obtain cash from any other source; or\n3. make a wire transfer; or\n4. buy foreign currency; or\n5. buy traveler\xe2\x80\x99s checks; or\n6. buy money orders; or\n7. buy Lottery tickets; or\n8. buy gambling chips and wagers.\nCharge\n\nAny transaction (i.e. a Purchase, Balance Transfer,\nor Cash Advance), interest, or fee, regardless of\nhow such Charge is made (by Card, automatic\nposting or otherwise).\n\nDaily Periodic\nRate or DPR\n\nDPR stands for "Daily Periodic Rate." This is a daily\ninterest rate. The daily periodic rate or DPR for a\ngiven Balance is equal to the APR on that Balance\ndivided by 365.\n23\n\n\x0cDefault\n\nYou are in Default on the Account if:\n1. You do not make at least the Minimum\nPayment when it is due; or\n\nFor\nTran\n\n2. You have exceeded one or more of your credit\nlimits; or\n3. A payment you make is rejected or cannot be\nprocessed; or\n4. You provide us false, misleading, or fraudulent\ninformation; or\n5. You fail to comply with any term of the\nAgreement; or\n6. You are bankrupt, or insolvency proceedings\nare filed against you; or\n7. We believe you may be unwilling or unable to\npay your debts on time; or\n8. You die or are legally declared incompetent or\nincapacitated; or\n9. We become aware that you are using your\nCard for illegal or fraudulent purposes.\nDue Date\n\n\xe2\x80\xa2 The Due Date is the date by which we must\nreceive your payment in order for it to be on time.\nYour Bill lists the Due Date.\n\xe2\x80\xa2 Your Due Date will always fall on the same\ncalendar day of the month. It will be at least 21\ndays from the date that we send you the Bill,\nand at least 25 days from the end of your most\nrecently ended Billing Period.\n\xe2\x80\xa2 To be on time, we must receive your payment\non or before the Due Date and by the time\nstated on your Bill. If the Bill does not state a\ntime, then your payment is on time if we receive\nit by 5 pm on the Due Date. The 5 pm deadline is\nmeasured in the time zone in which we receive\nthe payment, which may not be your time zone.\n\xe2\x80\xa2 If we do not receive or accept payments by mail\non the Due Date, your payment will be on time\nif it is received by the next day that we accept or\nreceive payments by mail.\n\nGra\n\nLate\n\nMin\nPay\n(als\nto b\nthe\nMon\nPay\n\nNot\n\nPrim\n\n24\n\n\x0cum\n\nForeign\nTransaction\n\n\xe2\x80\xa2 A Foreign Transaction is a Purchase and/\nor Cash Advance that you either (i) make in a\nforeign currency, or (ii) make outside of the\nUnited States or its territories, even if made in\nU.S. dollars.\n\xe2\x80\xa2 Transactions you initiate in the United States\nthrough the internet may be considered made\noutside the United Sates if the merchant\nis located outside of the United Sates, and\ntherefore may be considered a Foreign\nTransaction.\n\xe2\x80\xa2 Regardless of the above language, Key will not\ntreat as a Foreign Transaction any transaction\nthat is both (i) made in Canadian dollars or U.S.\ndollars, and (ii) made with a merchant whose\nbusiness is located in Canada and/or the United\nStates or the territories of the United States.\n\xe2\x80\xa2 Foreign Transactions may be assessed a\nForeign Transaction Fee as set forth in the\nRates and Fees Table.\n\xe2\x80\xa2 Mastercard International (\xe2\x80\x9cMastercard\xe2\x80\x9d) will\nconvert foreign currency transactions using\na government-mandated or wholesale rate in\neffect on the processing date (which may differ\nfrom the rate on the date of your transaction or\nthe posting date). The rate used may differ from\nthe rate that Mastercard actually receives.\n\nGrace Period\n\nA Grace Period exists with respect to Purchases\nwhen you do not have to pay interest on those\nPurchases. See Section 5 of the Agreement which\nexplains how a Grace Period may apply to your\nAccount.\n\nLate Payment\n\nA Late Payment is your failure to make at least the\nMinimum Payment so that it reaches us by or before\nthe time and Due Date on your Bill.\n\nMinimum\nPayment\n(also referred\nto by us as\nthe Minimum\nMonthly\nPayment)\n\nRefer to Section 7 of the Agreement for the\ndefinition and calculation of the Minimum Payment.\nWe also list your Minimum Payment amount on\nyour Bill.\n\nNotify Us\n\nCall us at the phone number provided on your\nBill or the back of your Card, or write to us at the\nappropriate address indicated on your Bill (note\nthere are multiple addresses on your Bill and you\nmust choose the address appropriate to your\nreason for contacting us).\n\nPrime Rate\n\nThis is the U.S. Prime Rate published in the\nWall Street Journal. If the Wall Street Journal no\nlonger publishes a prime rate, we will use a similar\npublished rate that we choose.\n\nedit\nbe\n\nent\n\nthe\n\nngs\n\ne to\n\nt or\n\nour\n\nust\nme.\n\nme\n21\nBill,\nost\n\nent\nme\nea\neive\ne is\neive\nne.\nmail\nme\nt or\n\n25\n\n\x0cProtected\nBalances\n\nProtected Balances are amounts owing on the\nAccount that under law are not subject to an\nincrease in interest rates or fees. In general, a\nprotected balance includes any charge incurred\nbefore or within 14 days after we send notice\nof such an increase. If you receive notice of an\nincrease in an interest rate, the notice will tell you\nthe Charges to which the new rate will apply.\n\nPurchases\n\nA Purchase is the use of your Card to buy or lease\nproducts or services. The purchase of cash or cash\nequivalents, like casino chips or lottery tickets, is a\nCash Advance, not a Purchase.\n\nReturned\nPayment\n\n\xe2\x80\xa2 This is a payment that you make to us that is not\nhonored by your financial institution.\n\xe2\x80\xa2 Although we do not charge a Returned Payment\nfee, your financial institution may impose fees on\nyou for the Returned Payment.\n\xe2\x80\xa2 At our discretion, we may re-submit a Returned\nPayment to your financial institution.\n\nStandard\nPayment\nInstructions\n\nYou must pay your credit card Bill in a manner that\nmeets all the following conditions:\n1. You must pay in U.S. Dollars; and\n2. You must not pay in cash, unless you pay at one\nof our branches; and\n3. Except for payments made pursuant to (2) above,\nyour payment must be drawn on a U.S. deposit\naccount, or by a cashier\xe2\x80\x99s check drawn on a U.S.\nbank or a foreign bank branch in the U.S.; and\n4. You must not attach any restrictive language to\nyour payment; and\n5. You must not pay from a credit account that we\nprovide you, such as a check drawn on any credit\ncard account that you have with us; and\n6. If you make payment in a paper form (like a\ncheck, money order, or cashier\xe2\x80\x99s check), you must\ninclude the payment coupon from your statement\nOR write your credit card Account number on the\npayment.\nIn addition:\n7. If we decide in our discretion to accept a form\nof payment that does not meet these Standard\nPayment Instructions, we do not waive our rights\nto continue to require payments that comply with\nthese instructions; and\n8. If we decide in our discretion to accept a payment\nthat you make to us in a foreign currency, we will\nchoose the conversion rate.\n\nwe, us,\nand our\n\nLaurel Road, a brand of KeyBank National\nAssociation, the issuer of your Account and Cards\n\n26\n\nWo\nArra\n\nyou\nand\n\n\x0cthe\nan\n, a\nred\nice\nan\nyou\n\nase\nash\nsa\n\nnot\n\nWorkout\nArrangement\n\nThis is a special arrangement between us and\nyou in which we agree to a temporary reduction in\napplicable interest rates or fees in return for your\nagreement to follow a defined payment schedule.\nAny such agreement will be in writing. It may provide\nthat upon completion of the workout arrangement\nor upon your failure to comply with the terms of the\nworkout arrangement, interest rates and fees may\nincrease up to the same terms as were in effect\nbefore the workout arrangement.\n\nyou, your,\nand yours\n\nAny person who applied for the Account and any\nother person liable on the Account by any other\nmeans.\n\nent\non\n\nned\n\nhat\n\none\n\nve,\nosit\nU.S.\n\ne to\n\nwe\nedit\n\ne a\nust\nent\nthe\n\norm\nard\nhts\nwith\n\nent\nwill\n\nnal\nds\n\n27\n\n\x0cLaurel Road is a brand of KeyBank, Member FDIC. \xc2\xa92021 KeyCorp.\n012021CRQS-15\n\n\x0c'


b'PLATINUM MASTERCARD/GOLD MASTERCARD/CLASSIC\nMASTERCARD\nCONSUMER CREDIT CARD AGREEMENT\nIn this Agreement, \xe2\x80\x9cAgreement\xe2\x80\x9d means this Consumer Credit Card Agreement. \xe2\x80\x9cDisclosure\xe2\x80\x9d means the Credit Card\nAccount Opening Disclosure. The Account Opening Disclosure is incorporated into this Consumer Credit Card Agreement\nand is part of the Agreement. In this Agreement the words "you," \xe2\x80\x9cyour,\xe2\x80\x9d and "yours" mean each and all of those who\nagree to be bound by this Agreement; "card" means the MasterCard credit card and any duplicates, renewals, or\nsubstitutions the Credit Union issues to you; "account" means your MasterCard credit card line-of-credit account with the\nCredit Union; and "Credit Union" means the Credit Union whose name appears on this Agreement or anyone to whom the\nCredit Union transfers this Agreement.\n1. USING YOUR ACCOUNT \xe2\x80\x94 If you are approved for an account, the Credit Union will establish a line of credit for you.\nYou agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other\ncharges") which you will have outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will\nnot allow advances over the credit limit. If the Credit Union has a program whereby it allows payment of advances that\nexceed your credit limit, subject to a fee, the Credit Union will provide you with notice, either orally, in writing, or\nelectronically (notwithstanding the requirements of the paragraph entitled \xe2\x80\x9cStatements and Notices\xe2\x80\x9d) explaining your right\nto opt in to the Credit Union\xe2\x80\x99s program whereby it will honor advance requests over the credit limit. In the event you opt in\nto such a program, you agree to the terms of such a program. You may request an increase in your credit limit only by a\nmethod acceptable to the Credit Union. The Credit Union may increase or decrease your credit limit, refuse to make an\nadvance and/or terminate your account at any time for any reason not prohibited by law. If you are permitted to obtain\ncash advances on your account, we may, from time to time, issue convenience checks to you that may be drawn on your\naccount. Convenience checks may not be used to make a payment on your account balance. If you use a convenience\ncheck, it will be posted to your account as a cash advance. We reserve the right to refuse to pay a convenience check\ndrawn on your account for any reason and such refusal shall not constitute wrongful dishonor.\nYou may request that we stop the payment of a convenience check drawn on your account. You agree to pay any fee\nimposed to stop a payment on a convenience check issued on your account. You may make a stop payment request\norally, if permitted, or in writing. Your request must be made with sufficient time in advance of the presentment of the\ncheck for payment to give us a reasonable opportunity to act on your request. In addition, your request must accurately\ndescribe the check including the exact account number, the payee, any check number that may be applicable, and the\nexact amount of the check. If permitted, you may make a stop payment request orally but such a request will expire after\n14 days unless you confirm your request in writing within that time. Written stop payment orders are effective only for six\nmonths and may be renewed for additional six month periods by requesting in writing that the stop payment order be\nrenewed. We are not required to notify you when a stop payment order expires. If we re-credit your account after paying a\ncheck or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the\npayee, to assign to us all of your rights against the payee or other holders of the check or draft and to assist us in any\nlegal action. You agree to indemnify and hold us harmless from all costs and expenses, including attorney\'s fees,\ndamages, or claims, related to our honoring your stop payment request or in failing to stop payment of an item as a result\nof incorrect information provided to us or the giving of inadequate time to act upon a stop payment request.\n2. USING YOUR CARD \xe2\x80\x94 You understand that the use of your credit card or credit card account will constitute\nacknowledgement of receipt and agreement to the terms of the Credit Card Agreement and Credit Card Account Opening\nDisclosure (Disclosure). You may use your card to make purchases from merchants and others who accept your card.\nThe credit union is not responsible for the refusal of any merchant or financial institution to honor your card. If you wish to\npay for goods or services over the Internet, you may be required to provide card number security information before you\nwill be permitted to complete the transaction. In addition, you may obtain cash advances from the Credit Union, from other\nfinancial institutions that accept your card, and from some automated teller machines (ATMs). (Not all ATMs accept your\ncard.) If the credit union authorizes ATM transactions with your card, it will issue you a personal identification number\n(PIN). To obtain cash advances from an ATM, you must use the PIN issued to you for use with your card. You agree that\nyou will not use your card for any transaction that is illegal under applicable federal, state, or local law. Even if you use\nyour card for an illegal transaction, you will be responsible for all amounts and charges incurred in connection with the\ntransaction. If you are permitted to obtain cash advances on your account, you may also use your card to purchase\ninstruments and engage in transactions that we consider the equivalent of cash. Such transactions will be posted to your\naccount as cash advances and include, but are not limited to, wire transfers and money orders. This paragraph shall not\nbe interpreted as permitting or authorizing any transaction that is illegal.\n3. PROMISE TO PAY \xe2\x80\x94 You promise to pay all charges (purchases, cash advances, balance transfers, use of\nconvenience checks or any other charge) made to your account by you or anyone you authorize to use your account. You\n\xc2\xa9CUNA Mutual Group 1991, 2006, 09, 10, 12, 14 All Rights Reserved\n\nDMDGG2 (MXC502 CCM003)-e\n\n\x0calso promise to pay all finance charges and other charges added to your account under the terms of this Agreement or\nanother agreement you made with the Credit Union. If this is a joint account, the paragraph on JOINT ACCOUNTS also\napplies to your account.\n4. PERIODIC RATES \xe2\x80\x94 The periodic rates applicable to purchases, cash advances, and balance transfers are\ndisclosed on the Disclosure that accompanies this Agreement. Any penalty rate that may be imposed for failing to make a\npayment by the payment due date is also disclosed on the Disclosure. Any rate change will be made pursuant to\napplicable law. If the rate for your account is variable, as indicated on the accompanying Disclosure, the rate charged on\npurchases, cash advances, balance transfers and any penalty rate will vary periodically as disclosed in the Disclosure\naccompanying this Agreement. The initial rate on your account for certain types of transactions may be an introductory\ndiscounted rate (Introductory Rate) that is lower than the rate that would ordinarily apply for that type of transaction. If an\nIntroductory Rate applies to your account, the rates and the period of time it will be effective is shown on the Disclosure\naccompanying this Agreement. After the Introductory Rate period expires, the periodic rate will automatically increase to\nthe rates that would ordinarily apply for that type of transaction based on the terms of this Agreement.\n5. FINANCE CHARGES \xe2\x80\x94 New purchases posted to your account during a billing cycle will not incur a finance charge\nfor that billing cycle if you had a zero or credit balance at the beginning of that billing cycle, or you paid the entire new\nbalance on the previous cycle\'s billing statement by the payment due date of that statement; otherwise a finance charge\nwill accrue from the date a purchase is posted to your account. To avoid an additional finance charge on the balance of\npurchases, you must pay the entire new balance on the billing statement by the payment due date of that statement. A\nfinance charge begins to accrue on cash advances from the date you get the cash advance or from the first day of the\nbilling cycle in which the cash advance is posted to your account, whichever is later (transaction date).\nThe finance charge is calculated separately for purchases and cash advances. For purchases, the finance charge is\ncomputed by applying the periodic rate to the average daily balance of purchases. To calculate the average daily balance\nof purchases, we take the beginning outstanding balance of purchases each day, add any new purchases, and subtract\nany payments and/or credits. This gives us the daily balance of purchases. We then add all of the daily balances of\npurchases for the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the\naverage daily balance of purchases.\nFor cash advances, the finance charge is computed by applying the periodic rate to the average daily balance of cash\nadvances. To calculate the average daily balance of cash advances, we take the beginning outstanding balance of cash\nadvances each day, add in any new cash advances, and subtract any payments and/or credits that we apply to the cash\nadvance balance. This gives us the daily balance of cash advances. We then add all of the daily balances of cash\nadvances for the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the\naverage daily balance of cash advances. Balance transfers are calculated in the same manner as cash advances.\n6. FOREIGN TRANSACTIONS \xe2\x80\x94 Purchases and cash advances made in foreign currencies will be debited from your\naccount in U.S. dollars. The exchange rate used to convert foreign currency transactions to U.S. dollars is either a\ngovernment-mandated exchange rate or a wholesale exchange rate and is selected by MasterCard. The rate MasterCard\nuses for a particular transaction is the rate MasterCard selects for the applicable currency on the day the transaction is\nprocessed. This rate may differ from the rate applicable on the date the transaction occurred or was posted to your\naccount.\nA fee (finance charge) will be charged on all transactions completed outside of the United States, where the cardholder\xe2\x80\x99s\ncountry code differs from the merchant\xe2\x80\x99s country code. All fees are calculated based on the transaction amount after it is\nconverted to U.S. dollars. These fees are charged except where excluded. The Foreign Transaction Fee is set forth on the\nDisclosure accompanying this Agreement.\n7. FEES \xe2\x80\x94 In addition to the periodic rate, the following additional fees may be imposed on your account. If applicable to\nyour account, the fee amounts and explanations are disclosed on the Disclosure accompanying this Agreement. Your\naccount may also be subject to additional fees as set forth on the Disclosure accompanying this Agreement.\na. Foreign Transaction Fee (Finance Charge). If your account is subject to a Foreign Transaction Fee (finance\ncharge), a fee may be charged to your account for transactions made outside of the United States or in a foreign currency.\nb. Late Payment Fee. If your account is subject to a Late Payment Fee, the fee will be charged to your account when\nyou do not make the required minimum payment by or within the number of days of the statement Payment Due Date set\nforth on the Disclosure accompanying this Agreement.\nc. Returned Payment Fee. If your account is subject to a Returned Payment Fee, the fee will be charged to your\naccount when a payment is returned for any reason.\nd. Statement Copy Fee. If your account is subject to a Statement Copy Fee, except as limited by applicable law and\nwhen the request is made in connection with a billing error made by the Credit Union, a fee may be charged to your\naccount for each copy of a sales draft or statement that you request.\ne. Document Copy Fee. If your account is subject to a Document Copy Fee, except as limited by applicable law, a fee\nmay be charged to your account for each copy of a sales draft or statement that you request (except when the request is\nmade in connection with a billing error made by the Credit Union).\nDMDGG2 (MXC502 CCM003)-e\n\n\x0cf. PIN Replacement Fee. If your account is subject to a PIN Replacement Fee, a fee will be charged to your account\nwhenever you request a new PIN number for your account.\ng. Card Replacement Fee. If your account is subject to a Card Replacement Fee, a fee will be charged for each\nreplacement card that is issued to you for any reason.\nh. Rush Card Replacement Fee. If your account is subject to the Rush Card Replacement Fee, a fee will be charged to\nyour account as disclosed on the Disclosure accompanying this Agreement.\n8. PAYMENTS \xe2\x80\x94 Each month you must pay at least the minimum payment shown on your statement by the date\nspecified on the statement. You may pay more frequently, pay more than the minimum payment or pay the total new\nbalance in full. If you make extra or larger payments, you are still required to make at least the minimum payment each\nmonth your account has a balance (other than a credit balance). The minimum payment is 3.00% of your total new\nbalance, or $25.00, whichever is greater, plus the amount of any prior minimum payments that you have not made, all\noutstanding unpaid fees and charges, and any amount you are over your credit limit by the date specified on the\nstatement. The Credit Union also has the right to demand immediate payment of any amount by which you are over your\ncredit limit. In accordance with applicable law, the Credit Union may not post payments to your account or reflect them in\nyour available credit limit on the date they are received. The Credit Union may delay replenishing your credit limit until the\ndate the payment is posted or the Credit Union confirms the payment has cleared.\n9. PAYMENT ALLOCATION \xe2\x80\x94 Subject to applicable law, your payments may be applied to what you owe the Credit\nUnion in any manner the Credit Union chooses. However, in every case, in the event you make a payment in excess of\nthe required minimum periodic payment, the Credit Union will allocate the excess amount first to the balance with the\nhighest annual percentage rate and any remaining portion to the other balances in descending order based on applicable\nannual percentage rate.\n10. SECURITY INTEREST \xe2\x80\x94 You grant the Credit Union a security interest under the Uniform Commercial Code and\nunder any common law rights the Credit Union may have in any goods you purchase. If you give the Credit Union a\nspecific pledge of shares by signing a separate pledge of shares, your pledged shares will secure your account. You may\nnot withdraw amounts that have been specifically pledged to secure your account until the Credit Union agrees to release\nall or part of the pledged amount.\nYour Account is secured by all other shares you have in any individual or joint account with the Credit Union,\nexcept for shares in an Individual Retirement Account or in any other account that would lose special tax\ntreatment under state or federal law if given as security. These other shares may be withdrawn unless you are\nin default under this agreement. You authorize the Credit Union to apply the balance in your individual or joint\nshare accounts to pay any amounts due on your Account if you should default.\nCollateral securing other loans you have with the Credit Union may also secure this loan, except that a dwelling will never\nbe considered as security for this account, notwithstanding anything to the contrary in any other agreement.\n11. DEFAULT \xe2\x80\x94 You will be in default if you fail to make any minimum payment or other required payment by the date\nthat it is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you\ndie, file for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in\ndefault if you make any false or misleading statements in any credit application or credit update. You will also be in default\nif something happens that the Credit Union believes may substantially reduce your ability to repay what you owe.\nWhen you are in default, the Credit Union has the right to demand immediate payment of your full account balance\nwithout giving you notice. If immediate payment is demanded, you agree to continue paying finance charges at the\nperiodic rate charged before default, until what you owe has been paid, and any shares that were given as security for\nyour account may be applied towards what you owe.\n12. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION \xe2\x80\x94 You agree to notify us\nimmediately, orally or in writing, at 600 Red Brook Blvd., Ste. 350, Owings Mills, MD 21117 or telephone 877-809-4299\nseven (7) days a week, 24 hours a day, of the loss, theft, or unauthorized use of your credit card. You may be liable for\nthe unauthorized use of your credit card. You will not be liable for unauthorized use that occurs after you notify us of the\nloss, theft, or possible unauthorized use. However, if you exercise reasonable care in safeguarding your card from risk of\nloss or theft and, upon discovering the loss or theft promptly report the loss or theft to us, you will not be liable for any\nunauthorized transactions. In any case, your liability will not exceed $50.00.\n13. CHANGING OR TERMINATING YOUR ACCOUNT \xe2\x80\x94 As permitted by law, the Credit Union may change the terms\nof this Agreement and any attached Disclosure from time to time. Notice of any change will be given in accordance with\napplicable law. If permitted by law and specified in the notice to you, the change will apply to your existing account\nbalance as well as to future transactions.\nEither you or the Credit Union may terminate this Agreement at any time, but termination by you or the Credit Union will\nnot affect your obligation to pay the account balance plus any finance and other charges you owe under this Agreement.\nYour obligation to pay the account balance plus any finance and other charges you owe under this agreement are subject\nto all applicable laws and regulations regarding repayment requirements. You are also responsible for all transactions\nmade to your account after termination, unless the transactions were unauthorized.\nDMDGG2 (MXC502 CCM003)-e\n\n\x0cThe card or cards you receive remain the property of the Credit Union and you must recover and surrender to the Credit\nUnion all cards upon request or upon termination of this Agreement whether by you or the Credit Union. If this is a joint\naccount, the paragraph on JOINT ACCOUNTS of this Agreement also applies to termination of the account.\n14. CHANGING OR TERMINATING AUTHORIZED USERS \xe2\x80\x94 Upon your request, we may issue additional cards for\nauthorized users that you designate. You must notify us in writing of any termination of an authorized user\'s right to\naccess your account. Your letter must include the name of the authorized user and your account number and/or any\nsubaccount number issued to the authorized user along with the authorized user\'s card and any convenience or other\naccess checks issued to the authorized user. If you cannot return the authorized user\'s card or access checks and if you\nrequest your account to be closed, we will close your account and you may apply for a new account.\n15. CREDIT REVIEW AND RELEASE OF INFORMATION \xe2\x80\x94 You authorize the Credit Union to investigate your credit\nstanding when opening or reviewing your account. You authorize the Credit Union to disclose information regarding your\naccount to credit bureaus and creditors who inquire about your credit standing. If your account is eligible for emergency\ncash and/or emergency card replacement services, and you request such services, you agree that we may provide\npersonal information about you and your account that is necessary to provide you with the requested service(s).\n16. RETURNS AND ADJUSTMENTS \xe2\x80\x94 Merchants and others who honor your card may give credit for returns or\nadjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your account. If your\ncredits and payments exceed what you owe the Credit Union, the amount will be applied against future purchases and\ncash advances. If the credit balance amount is $1.00 or more, it will be refunded upon your written request or\nautomatically after six months.\n17. ADDITIONAL BENEFITS/CARD ENHANCEMENTS \xe2\x80\x94 The Credit Union may from time to time offer additional\nservices to your account, such as travel accident insurance, at no additional cost to you. You understand that the Credit\nUnion is not obligated to offer such services and may withdraw or change them at any time.\n18. MERCHANT DISPUTES \xe2\x80\x94 The Credit Union is not responsible for the refusal of any merchant or financial institution\nto honor your card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or\nservices you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction\nfrom the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union\nsent or participated in sending to you; or (b) your purchase cost more than $50.00 and was made in your state or within\n100 miles of your home.\n19. JOINT ACCOUNTS \xe2\x80\x94 If this is a joint account, each of you will be individually and jointly responsible for paying all\namounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay\nthe entire amount owed under this Agreement. Each of you authorizes the other(s) to make purchases or cash advances\nindividually. Any one of you may terminate the account and the termination will be effective as to all of you.\n20. EFFECT OF AGREEMENT \xe2\x80\x94 This Agreement is the contract which applies to all transactions on your account even\nthough the sales, cash advances, credit or other slips you sign or receive may contain different terms.\n21. NO WAIVER \xe2\x80\x94 The Credit Union can delay enforcing any of its rights any number of times without losing them.\n22. STATEMENTS AND NOTICES \xe2\x80\x94 Statements and notices will be mailed or delivered to you at the appropriate\naddress you have given the Credit Union. Notice sent to any one of you will be considered notice to all.\n23. SEVERABILITY AND FINAL EXPRESSION \xe2\x80\x94 This Agreement and the Disclosure are the final expression of the\nterms and conditions of your account. This written Agreement and Disclosure may not be contradicted by evidence of any\nalleged oral agreement. Should any part of this Agreement or the Disclosure be found to be invalid or unenforceable, all\nother parts of this Agreement and Disclosure shall remain in effect and fully enforceable to the fullest extent possible\nunder this Agreement.\n24. COPY RECEIVED \xe2\x80\x94 You acknowledge that you have received a copy of this Agreement and Disclosure.\n25. GAMBLING TRANSACTIONS PROHIBITED \xe2\x80\x94 You may not use your card to initiate any type of gambling\ntransaction.\n26. PENALTY RATE DISCLOSURES \xe2\x80\x94 If applicable to your account, all rates for your account, including the rates for\npurchases, cash advances, and balance transfers, will increase to the Penalty Rate when you meet one or more of the\nconditions as set forth in the Disclosure accompanying this Agreement. Any rate increases applied to your account are\nsubject to applicable notice requirements. Please refer to the Disclosure for additional information regarding the Penalty\nRate.\n27. NOTICE TO UTAH BORROWERS \xe2\x80\x94 This written agreement is a final expression of the agreement between you and\nthe Credit Union. This written agreement may not be contradicted by evidence of any oral agreement.\n28. THE FOLLOWING IS REQUIRED BY VERMONT LAW \xe2\x80\x94 NOTICE TO CO-SIGNER \xe2\x80\x94 YOUR SIGNATURE ON\nTHIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER\nDOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.\n\nDMDGG2 (MXC502 CCM003)-e\n\n\x0cYour Billing Rights: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at the address listed on your statement.\nIn your letter, give us the following information:\n- Account information: Your name and account number.\n- Dollar amount: The dollar amount of the suspected error.\n- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you\nbelieve it is a mistake.\nYou must contact us:\n- Within 60 days after the error appeared on your statement.\n- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you\nthink is wrong.\nYou must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to\ninvestigate any potential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have\nalready corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is\ncorrect.\nWhile we investigate whether or not there has been an error:\n- We cannot try to collect the amount in question, or report you as delinquent on that amount.\n- The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n- We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that\namount.\n- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable\ninterest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then\nreport you as delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still\nrefuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill.\nWe must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know\nwhen the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is\ncorrect.\nYour Rights if You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in\ngood faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the\npurchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the\npurchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on\nan advertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a\ncheck that accesses your credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at\nthe address listed on your statement.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation,\nwe will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as\ndelinquent.\n\nDMDGG2 (MXC502 CCM003)-e\n\n\x0c'