b'CARDMEMBER AGREEMENT\n\nPlease take the time to review the following important information about your Account\nand retain it for future reference. This document, including the accompanying Rates\nand Fees Table and the Additional Terms of Your Cardmember Agreement, is an\nagreement between you, the Cardmember, and us, KeyBank National Association, and\nis referred to throughout this document as the "Cardmember Agreement" or\n"Agreement." If you have any questions, please call us using the number on the back of\nyour Card or on your billing statement.\nYour Agreement and Promise to Pay: By using the Account, making a payment on the Account, or\nsigning an application for any Card we send you, you agree to the terms of this Agreement. You agree to\npay us all amounts that we lend to you on your Account, together with Interest Charges and fees as\nprovided in this Agreement.\n\nYOUR ACCOUNT TERMS\nIMPORTANT TERMS\nYou and your\n\nWe, us, our and KeyBank\n\nCredit Limit\n\nWHAT IT MEANS\n\nHOW IT AFFECTS THE\nACCOUNT\nAll persons who applied for the\nIf there are joint Cardmembers, we\nAccount or who are liable on the may send communications to\nAccount by any other means\neither of you, we may disclose\ninformation about the Account to\neither of you, and we may accept\ninstructions from either of you\n(even if you have a disagreement).\nKeyBank National Association\nWe are the creditor of your\nAccount and the issuer of your\nCard.\nYour credit limit is the maximum We will advise you of the total\namount that you can have\ncredit limit on your Account when\noutstanding on your Account at\nwe first send you your Card and\nany time. You agree not to request when we post it on your monthly\nany transactions that would cause billing statement. Your Cash\nyour Account balance to exceed Advance limit is only a portion of\nthe credit limit. You are\nyour total available (unused) credit\nresponsible for balances on your limit. Your total credit limit and\nAccount including amounts\nCash Advance limit may change\ncharged in excess of your credit from time to time. We will notify\nlimit.\nyou of any such changes through\nyour billing statement or by\nsending you a separate notice,\nwhich may be after the change\noccurs. If no separate Cash\nAdvance limit is listed on our\nbilling statement, then the amount\nof your credit limit available for\nCash Advances is your total credit\nlimit. We may cancel, change, or\nrescind your credit availability at\nany time. We may approve a\ntransaction that causes your\nAccount balance to exceed the\ncredit limit, but we do not treat\nsuch a transaction as a request for\nan increase in your credit limit.\n\n\x0cAuthorized Users\n\nYou are responsible for any use of If you request, we may issue\nyour Account by an authorized\nCards that access your Account to\nuser or anyone else that you\nyour authorized users. If you\npermit to use your Account. You revoke an authorized user, we\nmust notify us to revoke an\nmay close your Account and issue\nauthorized user\'s permission to\na new Card(s) with a different\nuse your Account. You are\nAccount number.\nresponsible to recover from that\nauthorized user and destroy any\nCards, checks and other devices\nthat can be used as a means of\naccessing your Account.\n\nIMPORTANT DEFINITIONS\nCash Advance\nThe following transactions will be treated as Cash Advances: all advances to\nget cash over the counter, through an ATM, or other "cash-like" transactions\n(such as purchasing a money order, traveler\'s check, casino betting chip, or a\nlottery ticket) as determined by us. We sometimes call these Cash\nEquivalents.\nDaily Periodic Rate (DPR) The daily periodic rate for a given balance is equal to the APR for that\nbalance divided by 365. It is a daily interest rate.\nPayment Due Date\nThis is the date by which we must receive the minimum payment in order for\nit to be on time. Your monthly billing statement will list the Payment Due\nDate.\nDefault\nAn Account will be in default if:\n1) you fail to make at least the minimum payment when due; 2) you violate\nany other provision of this Agreement; 3) we believe you may be unwilling or\nunable to pay your debts on time; 4) you file for bankruptcy; or 5) you\nbecome incapacitated or die.\nIf your Account is in default, we may close your Account or terminate or\nsuspend your credit privileges without notice and require full payment of your\noutstanding balance immediately.\nWe can also begin collection activities. To the extent permitted by law, if you\nare in default because you have failed to pay us, we will require you to pay\nour collection costs, attorneys\' fees, court costs and all other expenses of\nenforcing our rights under this Agreement.\n\nUSING YOUR ACCOUNT\nYou may use your Account only for personal, family or household purposes. You may not use your\nAccount for illegal purposes, and you may not use your Account for internet gambling (even if legal).\nHowever, you are still responsible for any transactions that you enter into in violation of this Agreement.\nUSE\n\nWHAT IT MEANS\n\nPurchases\n\nYou may use the Account to buy\ngoods and services.\n\nBalance Transfers and Fees\n\nYou can transfer balances to your\nAccount by contacting us. We will\ncharge a Balance Transfer fee on\nthe amount of each Balance\nTransfer, as set forth in the Rates\nand Fees table.\n\nHOW IT AFFECTS THE\nACCOUNT\nWe authorize charges to your\nAccount in accordance with the\nterms of the Agreement.\nWe permit Balance Transfers from\nmost accounts issued by other\nbanks. We do not permit Balance\nTransfers from other accounts or\nloans with us or any of our\naffiliates.\n\n\x0cCash Advances and Fees\n\nYou may obtain cash from ATMs\nor at banks.\nWe will charge a Cash Advance\nfee or Cash Equivalent fee on the\namount of each Cash Advance, as\nset forth in the Rates and Fees\ntable.\n\nChecks and Fees\n\nYou may use checks provided by\nus to access your Account\n(sometimes referred to as\n"convenience checks"). Checks\nwill be added to your Purchase\nbalance (but there is no grace\nperiod to avoid interest charges).\n\nWe treat certain transactions as\nCash Advances. See the Cash\nAdvance section under Your\nAccount Terms, above.\n\nWe may provide checks for your\nuse; we have the right not to pay a\ncheck for any reason. You may\nnot use a convenience check to\nmake a payment on the Account\nor any other Account with us.\n\nWe will charge a Convenience\nCheck Advance Fee on the\namount of each Convenience\nCheck Advance, as set forth in the\nRates and Fees table.\nOverdraft Protection Advances\nand Fees\n\nYou may set up this Account to\ncover overdrafts on your checking\naccount at KeyBank ("Checking\nAccount"). Overdraft Protection\nAdvances ("OD Advances") will be\ntreated as Cash Advances.\n\nWe allow your Card Account to be\nlinked to a KeyBank Checking\nAccount. Only one OD Advance\nwill be made each day. The terms\nof this Agreement and your\nchecking account agreement will\napply. In order to link your Card\nOverdraft protection is typically\navailable within ten business days Account to your Checking\nAccount, all persons who applied\nof receipt of the request. To\nconfirm your request for overdraft for the Card Account or who are\nliable on the Card Account must\nprotection has been processed\nbe owners of the Checking\nand is available:\n1. Call or visit your local branch. Account. If at any time for any\n2. Check your account at Key.com reason the persons who applied\nfor the Card Account or who are\non the financial details tab.\nliable on the Card Account and the\n3. Call our Client Satisfaction\nowners of the Checking Account\nCenter at 1-800-KEY2YOU (1800-539-2968) or for our hearing are different, your right to take OD\nimpaired clients TDD/TTY 1-800- Advances will terminate.\n539-8336.\nWe will charge an Overdraft\nProtection Transfer Fee to your\nCard Account each day an\nOverdraft Protection Advance\noccurs as set forth in the Rates\nand Fees Table.\n\nAt the end of each business day,\nan automatic OD Advance will be\nmade on your Card Account when\nthe total amount of withdrawals\nfrom your Checking Account made\nduring the day and service\ncharges we post to your Checking\nAccount for the day, exceed the\namount of funds in your Checking\nAccount that is available for\nwithdrawal. You request that these\nautomatic OD Advances be made\nand agree that the amount of the\nOD Advances will be advanced\n\n\x0cfrom your Card Account up to the\namount that is available under\nyour Cash Advance limit. The\nCash Advance limit amount used\nfor authorization of OD Advances\nis calculated as of the end of the\nprior business day and may be\nupdated with current day\ninformation if available. Cash\nAdvances occurring during the day\nwill reduce the amount of the Cash\nAdvance limit available for OD\nAdvances. The automatic OD\nAdvance will equal the lesser of\nthe amount needed to cover the\nunpaid amount of withdrawals and\nservice charges in your Checking\nAccount, or the amount of\navailable funds under your Cash\nAdvance limit, rounded up to the\nnearest $50.00 increment. Please\nnote that we may pay items into\noverdraft, at our discretion, and\ncharge an overdraft fee on your\nChecking Account if you do not\nhave available funds under your\nCash Advance limit for an OD\nAdvance of the total overdraft\namount.\nIf you fail to properly maintain your\naccounts, in addition to other\nrights and remedies we have, we\nmay terminate your Overdraft\nProtection. You may cancel the\nOverdraft Protection services at\nany time by giving us written\nnotice at the address printed on\nyour Card Account monthly\nstatement. We may cancel your\nOverdraft Protection and stop\nmaking OD Advances at any time.\nRecurring Transactions\n\nPromotions\n\nYou may authorize a third party to\nbill charges on a recurring basis to\nyour Account. To withdraw your\nauthorization, you must contact\nthe third party. If your Account is\nclosed or suspended, your\nAccount number is changed, or to\nwithdraw authorization, you will\nneed to contact the third party.\nYou may receive special offers\nrelated to your Account.\n\nWe are not responsible for\nrecurring transactions if your\nAccount is closed, suspended, or\nthe Account number changes. You\nagree that we may (but are not\nrequired to) provide the third party\nyour current Account status, Card\nnumber and/or expiration date to\nfacilitate payments.\nAny special offer is subject to this\nAgreement, unless specified\notherwise.\n\n\x0cRewards\n\nIf your Account provides you with We will provide you with all\nthe opportunity to earn rewards, information and terms about your\npoints may be redeemed for brand rewards separately. We will\nnamed merchandise, gift cards,\ninclude on your billing statement\ntravel rewards, or other\nall rewards you have earned.\nredemption items as we determine\nfrom time to time.\nForeign Transaction Fee and\n\xe2\x80\xa2 A Foreign Transaction is a\n\xe2\x80\xa2 Transactions you initiate in the\nExchange Rate\nPurchase and/or Cash Advance United States through the internet\nthat you either (i) make in a\nmay be considered made outside\nforeign currency or (ii) make\nthe United States if the merchant\noutside of the United States or its is located outside of the United\nterritories, even if made in U.S.\nStates, and therefore may be\ndollars. Regardless of the above considered a Foreign Transaction\nlanguage, Key will not treat as a and subject to a Foreign\nForeign Transaction any\nTransaction Fee.\ntransaction that is both (i) made in \xe2\x80\xa2 Mastercard International\nCanadian dollars or U.S. dollars, ("Mastercard") will convert foreign\nand (ii) made with a merchant\ncurrency transactions using a\nwhose business is located in\ngovernment-mandated or\nCanada and/or the United States wholesale rate in effect on the\nor the territories of the United\nprocessing date (which may differ\nStates.\nfrom the rate on the date of your\n\xe2\x80\xa2 Foreign Transactions may be\ntransaction or the posting date).\nassessed a Foreign Transaction The rate used may differ from the\nFee as set forth in the Rates and rate that Mastercard actually\nFees Table.\nreceives.\nAuthorization of\nYou may close your Account at\nWe may refuse to authorize any\nTransactions/Closing the Account any time by notifying us either in transactions at our sole discretion,\nwriting at the address shown on even if there is sufficient available\nyour billing statement or by phone credit. We are not responsible for\nat the number provided on your\nany losses associated with a\nbilling statement. We will not\ndeclined transaction. We may\nhonor any convenience check or close your Account or terminate\nauthorize any transactions after\nyour credit privileges at any time\nyour Account is closed. You\nfor any reason, subject to\nremain responsible for any\napplicable law. Your Account\nbalance on your Account.\nbalance will continue to accrue\nInterest Charges and fees and\nremain subject to all terms of this\nAgreement. If we do so, you may\nnot use your Card or any checks\nwe have issued.\n\nMAKING PAYMENTS\nYou will receive a billing statement each month, if one is required. It will show your minimum payment and\nthe Payment Due Date, and will provide instructions for making your payment.\nIMPORTANT INFORMATION\nPayment Instructions\n\nWHAT IT MEANS\n\nHOW IT AFFECTS THE\nACCOUNT\nYou must follow the payment\nAs long as you make your\ninstructions provided on your\npayment in accordance with the\nmonthly billing statement. All\ninstructions on your billing\npayments made by check must be statement by the date and time\ndrawn on a U.S. financial\npayments are due, we will credit\ninstitution in U.S. Dollars. You\nyour payment as of the day it is\n\n\x0cauthorize us to either use\ninformation from your check to\nmake a one-time electronic fund\ntransfer from your account or to\nprocess the payment as a check\ntransaction.\n\nreceived. We may accept and\nprocess late, partial and payments\nmarked as "paid in full" without\nlosing our rights under this\nAgreement. Any such payment\nmust be sent to the special\naddress identified on your\nstatement.\nMinimum Payment\nYou agree to pay at least the\nWe will calculate your minimum\nminimum payment when due. You payment based on the method\nalso agree to pay any past due\ndescribed in the Additional Terms\namounts and also any amounts in of Your Cardmember Agreement.\nexcess of your credit limit when\nThe minimum payment will appear\nbilled on your monthly billing\non your monthly billing statement,\nstatements or sooner if we ask.\nand may include any past due\namounts and any amounts in\nexcess of your credit limit.\nHow to Avoid Paying Interest on \xe2\x80\xa2 You need to pay in full on or\nExcept as described in the column\nPurchases and When We Begin to before the Due Date the "New\non the left, we add new Purchases\nCharge Interest\nBalance" on your Bill in order to\nto your Account, and they begin to\nreceive a Grace Period on your\naccrue Interest Charges, on the\nPurchases. As long as you\ndate of the transaction.\ncontinue to pay the entire "New\nBalance" on your Bill on or before There is no grace period for\nBalance Transfers or Cash\nthe Due Date each consecutive\nBilling Period, your Purchases will Advances. We add new Balance\nreceive a Grace Period. If you do Transfers, Overdraft Protection\nnot pay your Bill in full (including Advances, Checks or Cash\nAdvances to your Account no\nthe amount of any special\npromotions, Convenience Check earlier than the date of the\ntransaction (for Checks, the date\noffers, etc.), you will lose your\nthe payee deposits the Check).\nGrace Period.\nWe may choose to add fees to\n\xe2\x80\xa2 If you lose your Grace Period by your Account on the date of the\nmaking only a partial payment that related transaction, the date they\nis at least equal to the Minimum are posted, or the last day of the\nPayment due on or before the Due billing period.\nDate, then in the next Billing\nPeriod, we will apply your partial Amounts added to your Account\npayment as of the first day of that remain subject to Interest Charges\nuntil paid in full.\nnext Billing Period.\n\xe2\x80\xa2 If you lose your Grace Period,\nyou may earn it back by paying\nthe entire "New Balance" listed on\nany subsequent Bill. Once you\nhave paid the New Balance on\nyour Bill in full on or before its Due\nDate, you will receive a Grace\nPeriod for any Purchases made in\nthe next Billing Period (subject to\nloss as set forth above). Note: in\nthis section, the "next" Billing\nPeriod means the Billing Period\nwhich started immediately\nfollowing the Billing Period for\nwhich you paid your Bill in full on\n\n\x0cApplication of Payments\n\nCredit Balances\n\nor before the Due Date, which Due\nDate falls in the Billing Period\nidentified in this section as the\n"next" Billing Period.\nIf you make more than the\nWe may apply the amount of your\nminimum payment when due, the payment less than or equal to your\nexcess above the minimum\nminimum payment and any credits\npayment is applied to balances\nto your Account in any way we\nwith the highest APRs first.\nchoose. We generally apply these\npayments to lower APR balances\nfirst, which means you may pay\nhigher Interest Charges.\nYou may request a refund of credit If no refund is requested, we will\nbalances at any time.\napply credit balances to new\ntransactions, unless prohibited by\nlaw.\n\nINTEREST CHARGES\nCALCULATION\nWe calculate the Daily\nBalance for each day\n\nHOW WE DO THIS\nby taking the beginning balance for each type of transaction each day, adding\nany new transactions and any accrued but unpaid interest for the prior day,\nand then subtracting any payments and/or credits and other adjustments. We\ntreat any daily balance that is a credit balance as a zero balance.\nWe calculate the Average by adding all of the Daily Balances for each day in the billing period and then\nDaily Balance\ndividing by the total number of days in the billing period.\nWe calculate the Interest by applying the daily periodic rate (DPR) for that balance to the "average daily\nCharges for each balance balance" for that balance. We multiply the result by the number of days in the\nbilling cycle. That gives us the total Interest Charges for that balance for that\nbilling period.\nWe add the Interest\nby adding the Interest Charges to the balance to which it applies (for example,\nCharged to the Account we add Interest Charges on the Purchases balance to the Purchases\nbalance). Cash Advance, Overdraft Protection Transfer, and convenience\ncheck fees are added to the Cash Advance balance and Balance Transfer\nfees are added to the Balance Transfer balances, as applicable, and all other\nfees are added to the Purchases balance.\nWe add the Minimum\nby adding the amount set forth in the Rates and Fees table to one or more of\nInterest Charge\nthe categories of transactions in which there are balances. We apply the\nMinimum Interest Charge for any month where Interest Charges are due but\nare calculated as less than the Minimum Interest Charge.\n\nFEES AND OTHER ACTIONS\nThere may be times when circumstances result in a fee or other action being assessed on the Account.\nThe Rates and Fees Table lists the amounts of these fees. All such fees will be added to the Purchase\nbalance, unless otherwise indicated. Additional fees for special services you request may apply. You will\nbe advised of the amount of such fees at the time of your request.\nTO AVOID\nLate Payment Fee\n\nACTIONS YOU MUST TAKE\nWHAT WE WILL CHARGE YOU\nEnsure that we receive at least the If any payment is late, we may\nminimum payment by the Payment charge you a late payment fee.\nDue Date shown on the monthly See the Rates and Fees Table for\nbilling statement.\nthe late payment fee applicable to\nyour Account. In no event will your\nlate payment fee exceed the\namount of your minimum payment\ndue.\n\n\x0cStop Payment Fee\n\nDo not stop payment on checks.\n\nCollections\n\nDo not default.\n\nStatement Reprint Fee\n\nYou can request a copy of your\nstatement.\n\nRush Order Fee Card Replacement\n\nYou can request that a new or\nreplacement card be sent to you\non an expedited basis.\n\nFAQ\n\nWHAT YOU MUST DO\n\nWe may charge a stop payment\nfee of $34.00 if we stop payment\non a check at your request.\nIf the Account is in default, we\nmay take the actions described\nabove in the Default section under\nImportant Definitions, above.\nWe will add a Statement Reprint\nfee of $6 to your purchase balance\nif you request a copy of your\nmonthly statement.\nWe will add a Rush Order fee of\n$25 to your Purchase balance if\nyou request that a new or\nreplacement card be sent to you\non an expedited basis.\n\nHOW IT AFFECTS THE\nACCOUNT\nMy Card is lost or stolen, or my\nContact us immediately and stop You will not be liable for any\nAccount has been compromised? using your Account. Contact us at unauthorized use that occurs after\nthe address or telephone number you notify us. You may, however,\nlisted on your billing statement or be liable for unauthorized use that\nCard.\noccurs before your notice to us. In\nany case, your liability will not\nexceed $50.\nMy Account is closed or\nYou must still repay all amounts You remain responsible for your\nsuspended?\nyou owe under this Agreement.\nbalance.\nMy name, address, telephone\nNotify us of any change.\nWe may also ask you to provide\nnumber of other information has\nus updated financial information\nchanged.\nabout you, and you agree to do\nso.\nARBITRATION AND WAIVER OF JURY TRIAL RIGHTS\nThis Arbitration Provision will not apply to new accounts opened on or after October 3, 2017 by\nCovered Borrowers as such term "Covered Borrower" is defined by the Military Lending Act, 10\nU.S.C. 987 e. seq. and its implementing regulations.\nArbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which\na Claim or Claims (as defined below) may be arbitrated instead of litigated in court. This Arbitration\nProvision supersedes and replaces any existing arbitration provision between you and us. This\nArbitration Provision will apply to the Account(s) unless you notify us in writing that you reject\nthe Arbitration Provision within 60 days of opening the Account(s). Send your rejection notice to\nKeyBank N.A., PO Box 93752, Cleveland, Ohio 44101-5752. Your notice must be legible and\ninclude your name, the names of any joint account holders and the account number(s), the last\nfour digits of your card number, the date of your notice, your address (street, city, state and zip\ncode), your daytime telephone number, and must be signed by at least one of the joint account\nholders. Your rejection notice should not include any other correspondence. Calling us to reject\nthe Arbitration Provision or providing notice by any other manner or format than as described\nabove will not operate as a rejection of this Arbitration Provision and consequently this\nArbitration Provision will become part of this Agreement. Rejection of this Arbitration Provision\ndoes not serve as a rejection of any other term or condition of the Agreement with us governing\nyour Account(s).\n\n\x0cAs used in this Arbitration Provision, the word "Claim" means any claim, dispute, or controversy between\nyou and us arising from or relating to this Agreement or the Account(s), including without limitation, the\nvalidity, enforceability, or scope of this Arbitration Provision or this Agreement. "Claim" or "Claims"\ninclude claims of every kind and nature, whether pre-existing, present or future, including without\nlimitation, initial claims, counterclaims, cross-claims, and third-party claims, and claims based upon\ncontract, tort, fraud, and other intentional torts, constitutions, statutes, regulation, common law, and\nequity (including, without limitation, any claim for injunctive or declaratory relief). The word "Claim" or\n"Claims" is to be given the broadest possible meaning and includes, by way of example, and without\nlimitation, any claim, dispute, or controversy that arises from or relates to (a) any Account subject to the\nterms of this Agreement (b) any electronic funds transfer from or to any account (c) advertisements,\npromotions, or oral and written statements related to this Agreement or the Account, (d) your application\nfor the Account; and (e) the collection of amounts owed by you to us.\nThis Arbitration Provision will not apply to Claims previously asserted, or which are later asserted, in\nlawsuits filed before the effective date of this Arbitration Provision or any prior arbitration provisions\nbetween you and us, whichever is earlier. However, this Arbitration Provision will apply to all other\nClaims, even if the facts and circumstances giving rise to the Claims existed before the effective date of\nthis Arbitration Provision.\nAny Claim shall be resolved, upon the election of you or us, by binding arbitration pursuant to this\nArbitration Provision and the applicable rules of either the American Arbitration Association or\nJ.A.M.S/Endispute in effect at the time the Claim is filed (the "Arbitration Rules"). You may select one of\nthese organizations to serve as the arbitration administrator if you initiate an arbitration against us or if\neither you or we compel arbitration of a Claim that the other party has brought in court. In addition, if we\nintend to initiate an arbitration against you, we will notify you in writing and give you twenty (20) days to\nselect one of these organizations to serve as the arbitration administrator. If you fail to select an\nadministrator within that twenty (20)-day period, we will select one. In all cases, the arbitrator(s) should\nbe a lawyer with more than ten (10) years of experience or a retired judge. If for any reason the selected\norganization is unable or unwilling or ceases to serve as the arbitration administrator, you will have\ntwenty (20) days to select a different administrator from the above list; if you fail to select a different\nadministrator within the twenty (20)-day period, we will select one. In all cases, a party who has asserted\na Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in\nthat lawsuit by any other party or parties.\nIF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR\nWE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON\nTHAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN\nTHE APPLICABLE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO\nPARTICPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS\nPERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION EXCEPT AS SET FORTH BELOW. THE\nARBITRATOR\'S DECISION WILL BE FINAL AND BINDING. YOU UNDERSTAND THAT OTHER\nRIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN\nARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE\nGREATER THAN THE FEES CHARGED BYA COURT.\nThere shall be no authority for any Claims to be arbitrated on a class action or private attorney general\nbasis. Furthermore, arbitration can only decide your or our Claim(s) and may not consolidate or join the\nclaims of other persons that may have similar claims. There shall be no pre-arbitration discovery except\nas provided for in the applicable Arbitration Rules. Any arbitration hearing that you attend shall take place\nin the federal judicial district of your residence. At your written request, we will pay all fees charged by the\narbitration administrator for any Claim(s) asserted by you in the arbitration, after you have paid an\namount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in\nthe judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in\ncourt, you will not be required to pay that amount again.) If the arbitrator issues an award in our favor,\nyou will not be required to reimburse us for any of the fees we have previously paid to the administrator\nor for which we are responsible. Each party shall bear the expense of that party\'s attorneys\', experts\',\nand witness fees, regardless of which party prevails in the arbitration, unless applicable law and/or this\nAgreement gives you the right to recover any of those fees from us. In the event you do not prevail in the\n\n\x0carbitration, we will not seek to recover our attorneys\', experts\' or witness fees from you. This Arbitration\nProvision is made pursuant to a transaction involving interstate commerce, and shall be governed by the\nFederal Arbitration Act ("FAA"), 9 U.S.C. Sections 1 et. seq. The arbitrator shall apply applicable\nsubstantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of\nprivilege recognized at law, and at the timely request of any party, shall provide a brief written\nexplanation of the basis for the award. In conducting the arbitration proceeding, the arbitrator shall not\napply the federal or any state rules of civil procedure or rules of evidence. Judgment upon the award\nrendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator\'s decision will be\nfinal and binding, except for any right of appeal provided by the FAA and except that, if the amount in\ncontroversy exceeds $10,000.00 any party can appeal to a three-arbitrator panel administered by the\narbitration administrator which shall reconsider de novo (i.e. without regard to the original arbitrator\'s\nfindings) any aspect of the initial award requested by the appealing party. The decision of the panel shall\nbe by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the\noutcome of the appeal.\nThis Arbitration Provision shall survive termination of all Accounts subject to this Agreement. If any\nportion of this Arbitration Provision is deemed invalid or unenforceable under any law or statute consisted\nwith the FAA, it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement.\nIn the event of a conflict or inconsistency between the applicable Arbitration Rules and this Arbitration\nProvision, this Arbitration Provision shall govern.\nContacting Arbitration Administrators\nIf you have a question about the arbitration administrators mentioned in this Arbitration Provision or\nwould like to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as\nfollows: American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019,\nwww.adr.org, (800) 778-7879. Commercial or Consumer Rules, J.A.M.S./Endispute, 222 South\nRiverside Plaza, Suite 1850, Chicago, IL 60606; www.jamsadr.com (800) 352-5267, Financial Services\nArbitration Rules and Procedures.\nOTHER TERMS OF THE RELATIONSHIP\nCommunications\n\nWe may send Cards, statements, and other communications to you at any\nmailing or email address in our records. You expressly authorize KeyBank\nNational Association and its service providers, affiliates, agents,\nsuccessors, assigns, and third party debt collectors to contact you on any of\nyour mobile phone numbers, whether you provide those numbers to\nKeyBank (now or in the future) or whether KeyBank identifies those mobile\nnumbers via other sources including, but not limited to, those obtained via\nskip tracing or those provided by third parties. This consent applies to all\ncalls including text messages or telephone calls made via or using an\nautomatic telephone dialing system, autodialer, and/or an automated or\nprerecorded voice. This consent applies to any and all accounts including,\nbut not limited to, depository accounts, loans, lines of credit, credit cards, or\nother relationships you have with KeyBank (including business accounts\nupon which you are identified as a point of contact or an authorized user),\nincluding those you already have or any that you may obtain in the future,\nand this consent permits calls regardless of their purpose. These calls and\nmessages may incur access fees from your cellular provider.\nWe may also send an email to any address where we reasonably believe\nwe can contact you. Some of the legal purposes for calls and messages\ninclude: suspected fraud or identity theft, obtaining information; transaction\non or servicing of the Account; collecting on the Account, and providing you\ninformation about product and services. Notify us immediately of any\nchanges to your contact information using the address or phone number\nshown on your billing statement.\n\n\x0cTelephone Monitoring\n\nWe may listen to and record your telephone calls with us.\n\nCredit Information\n\nWe may obtain and review your credit history from credit reporting agencies\nand others, including in connection with the servicing and collection of your\nAccount. We may also provide information about your Account to credit\nreporting agencies and others. We may provide information to credit\nreporting agencies about this Account in the name of an authorized user. If\nyou think we provided incorrect information, write to us at the address\nprovided on your billing statement and we will investigate.\n\nEnforcement\n\nWe may choose to delay enforcing or waive any of our rights under this\nAgreement. We can delay enforcing or waive any of our rights without\naffecting our other rights. If we waive a right, we do not thereby waive the\nsame right in other situations.\n\nApplicable Law\n\nThis Agreement and the Account will be governed by federal law, and to the\nextent state law is applicable, the laws of the state of Ohio, and these laws\nwill apply no matter where you live or use this Account.\n\nAmendments\n\nWe may change or terminate all or any part of this Agreement, including\nAPRs and fees, at any time. We may also add new terms or delete terms.\nAny changes will be in accordance with applicable law, and we will provide\nnotice as required by law.\n\nAssignment\n\nWe may sell, assign or transfer the Agreement and the Account or any\nportion thereof without notice to you, and the purchaser, assignee, or\ntransferee shall have the same rights as we do under this Agreement. You\nmay not sell assign, or transfer the Account.\n\nSeverability\n\nExcept as specifically provided in the arbitration section above, if any\nprovision of this Agreement is finally determined to be void or unenforceable\nunder any law, rule or regulation, all other provisions of this Agreement will\nremain valid and enforceable.\n\nRestrictions on Use\n\nKeyBank may restrict use of your Card in any jurisdiction or country where\nsuch use would be contrary to U.S. law or regulation, or which is identified\nas presenting a high risk of fraud. Please call 1-800-KEY2YOU for the\ncurrent list of countries where transactions are restricted.\n\nYOUR 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 us at the address shown on your billing statement. In your letter, give us the\nfollowing information.\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nAccount information: Your name and account number.\nDollar amount: The dollar amount of the suspected error.\nDescription of the problem: If you think there is an error on your bill, describe what you believe is\nwrong and why you believe it is a mistake.\n\nYou must contact us:\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nWithin 60 days after the error appeared on your statement.\nAt least 3 business days before an automated payment is scheduled, if you want to stop payment on\nthe amount you think is wrong.\nYou must notify us of any potential errors in writing, 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.\n\n\x0cWhat 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\nyou if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we\nbelieve the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, 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, you are responsible for the remainder of your\nbalance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any interest or other fees\nrelated to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You have to pay the amount in question, along with\napplicable interest and fees. We will send you a statement of the amount you owe and the date\npayment is due. We may then report you as delinquent if you do not pay the amount we think you\nowe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10\ndays telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also\nreporting you are questioning your bill. We must tell you the name of anyone to whom we reported you\nas delinquent, and we must let those organizations know when the matter has been settled between us.\nIf we do not follow all of these rules above, you do not have to pay the first $50 of the amount you\nquestion even if your bill is correct.\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\nhave tried in good faith to correct the problem with the merchant, you may have the right not to pay the\nremaining amount 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 or within 100 miles of your current mailing\naddress, and the purchase price must have been more than $50. (Note: Neither of these are\nnecessary if your purchase was based on an advertisement we mailed to you, or if we own the\ncompany that sold the good or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from\nan ATM or with a check 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 at\nthe address shown on your billing statement.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish\nour investigation, we will tell you our decision. At that point, if we think you owe an amount and you do\nnot pay, we may report you as delinquent.\nAdditional Disclosures for Residents of Specific States\nOhio Residents: The Ohio laws against discrimination require that all creditors make credit equally\navailable to all credit worthy customers and that credit reporting agencies maintain separate credit\nhistories on each individual upon request. The Ohio Civil Rights Commission administers compliance\nwith this law.\n\n\x0cNew York and Maine Residents: You agree to give us permission to obtain one or more credit reports\nfrom consumer reporting agencies in connection with the application, any transaction or extension of\ncredit that may result from this application, and on an ongoing basis, for the purposes of performing a\nroutine and occasional verification of credit on the Account, taking collection action on the Account, or for\nany other legitimate purposes associated with the Account. Upon your request, you will be informed of\nwhether or not a consumer credit report was ordered, and if it was, you will be given the name and\naddress of the consumer reporting agency that furnished the report.\nNew York Residents: New York residents may contact the New York State Department of Financial\nServices by telephone at 1-800-342-3736 or visit its website (www.dfs.ny.gov/consumer/creditdebt.htm)\nfor free information on comparative credit card rates, fees.\nVermont Residents: By signing below you consent to KeyBank obtaining and verifying information\nabout you (which may include a consumer credit report) that we deem necessary in evaluating your loan\napplication, including information about your employment, banking, and credit relationships. If your\napplication is approved and the loan is made, you also authorize us to obtain additional credit reports or\nother information about you in connection with reviewing the account, increasing the credit line on the\naccount, for the purpose of taking collection action on the account, or for other legitimate purposes\nassociated with the account.\nUtah Residents: As required by Utah law, you are hereby notified that a negative credit report reflecting\non your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your\ncredit obligations.\n\nKey2More Rewards Mastercard\xc2\xae Credit Card\nAs of August 30, 2021\nInterest Rates and Interest Charges\nAnnual Percentage Rate (APR) for Purchases\n\n00.00 % Introductory APR for the\nfirst 6 monthly billing cycles. After that, your APR\n\n12.99 % 21.99 %\n\nwill be\nto\nbased on\nyour creditworthiness. This APR will vary with the\nmarket based on Prime Rate.\nAPR for Cash Advances\n\n23.99 %.This APR will vary with the market based\non Prime Rate.\n\nAPR for Balance Transfers\n\n00.00 % Introductory APR for the first 6 monthly\nbilling cycles following account opening when\nbalance is transferred within the first 60 days\nfollowing account opening. After that, your APR will\nbe 12.99 % to 21.99 % based on your\ncreditworthiness. This APR will vary with the\nmarket based on Prime Rate.\n\nPaying Interest\n\nYour payment due date is at least 25 days after the\nclose of each billing cycle. We will not charge you\nany interest on purchases if you pay your entire\nbalance by the due date of each month. We will\nbegin charging interest on cash advances,\nconvenience check advances and balance\ntransfers on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged interest, the charge will be no\nless than $00.50 .\n\n\x0cFor Credit Card Tips from the Consumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when\napplying for or using a credit card, visit the website\nof the Consumer Financial Protection\nBureau http://www.consumerfinance.gov/learnmore\n\nFees\nAnnual Fee\n\nNone\n\nTransaction Fees:\nBalance Transfer Fee\n\nEither $10.00 or 4% of the amount of each\ntransaction, whichever is greater.\n\nCash Advance Fee\n\nEither $10.00 or 5% of the amount of each\ntransaction, whichever is greater.\n\nConvenience Check Advance Fee\n\nEither $10.00 or 4% of the amount of each\ntransaction, whichever is greater.\n\nCash Equivalent Fee\n\nEither $10.00 or 5% of the amount of each\ntransaction, whichever is greater.\n\nOverdraft Protection Transfer Fee\n\n$10.00\n\nForeign Transaction Fee\n\n3% of the amount of each foreign transaction after\nits conversion into U.S. dollars. Transactions\noriginating in Canada are excluded from this fee.\nRefer to Terms & Conditions.\n\nPenalty Fees:\nLate Payment Fee\n\nUp to $40.00 .\n\nHow We Calculate Your Balance: We use a method called the average daily balance method (including\nnew purchases).\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is\nprovided in your Cardmember Agreement.\nLoss of Introductory APR: If you make a late payment, we may end offering you a lower introductory\nAPR and begin charging you the higher APR (for both Purchases and Balance Transfers) that is specified\nin the table above and scheduled to take effect after the introductory APR is no longer effective.\n\nKeyBank Rewards\xc2\xae Program Terms and Conditions\nThese terms and conditions (the "Program Rules") are provided by KeyBank National Association ("KeyBank") to govern the use\nof the KeyBank Rewards\xc2\xae Program (the "Program"). Services provided by the KeyBank Rewards Program are additionally\ngoverned by any other separate agreement(s) Customer may have with KeyBank, and any amendments or changes made to these\nProgram Rules.\nBy enrolling in the Program, Customer agrees to be bound by these Program Rules. From time to time we may change the Program\nRules. When any change is made, we will post revisions at our website and/or we will notify you in writing, as applicable. It is your\nresponsibility to review the Program Rules to be aware of any changes. Your continued participation or failure to terminate your\nparticipation in the Program will evidence your acceptance of the changes and your agreement to be bound by them.\n"Customer," "you" or "your" shall mean the person, persons or entities in whose name the Rewards Account is carried on the books\nof KeyBank and shall include the masculine and feminine genders and the plural as well as the singular wherever the context s o\npermits. "Us," "our" and "we" shall mean collectively KeyBank and all of its affiliates and subsidiaries. "Consumer" means an\nindividual non-business Customer and a "Business" means a business Customer. Notices and other communications to a Business\nCustomer will be made to the Business.\nI. Reward Programs\n\n\x0cUnder the Program, you may earn and use points ("Rewards Point(s)") to obtain a variety of rewards ("Rewards") including\nmerchandise, gift cards, travel rewards, cash back and domestic U.S. air travel rewards as full payment for goods or services\navailable through us. You may earn Rewards Points as set forth in Section III below.\nThe only products eligible for this Program are credit cards as defined in Section II.2.\nIf you are enrolled in the Program, you will have a rewards account ("Rewards Account") as further described in Section IV.1.\nII. Enrollment & Access to Rewards Account.\n1. Generally. To receive benefits under the Program, enrollment is necessary. Once a product is enrolled, all Signers of such\nproduct are automatically enrolled into the Program.\n2. Enrollment. Enrollment enables Rewards Points to begin accruing relative to an Enrolled Product and/or an Enrolled Signer.\na. Eligible Credit Card Accounts. All Signers on a credit card issued by KeyBank on or after May 24, 2013, and bearing a\nplastic number with the first 6 digits of 524924, 519945, 552356, or 519731, (herein an "Eligible Credit Card"), are\nautomatically enrolled in the Rewards Program and the Eligible Credit Card is also automatically enrolled. From time to time\nKeyBank may determine that other credit card accounts, which it has acquired or which it may hereafter acquire, are eligible\nto join the Program, subject to additional terms and conditions. Once enrolled, an Eligible Credit Card may be referred to as\neither and Enrolled Credit Card specifically or an Enrolled Product generally.\nb. Conversion Credit Card Accounts. Key has converted, and will from time to time convert various credit card portfolios\nto KeyBank\'s Rewards Program all as set forth in Section II of Schedule II.2 (herein the "Conversion Accounts"). All\nConversion Accounts will both be a subset of Eligible Credit Cards and unless specifically designated otherwise, will have\nthe same terms and conditions of all other Eligible Credit Cards.\n3. Access. You may access your Rewards Account by the following methods, subject to the limitations set forth below.\na. Electronic access. You must be enrolled in Key\'s electronic online banking which is known as Online Banking for consumer\ncustomer access and KeyBank Business Online for business customers. For information on how to access KeyBank\'s Online\nBanking or KeyBank Business Online website, and enroll if you are not yet enrolled, please visit www.key.com. Once you have\nentered Key\'s Online Banking website or KeyBank Business Online, you can click on the rewards link to access your Rewards\nAccount which will take you to KeyBank\'s rewards website (herein referred to as the "Rewards Website"). The only way to\nelectronically access the Rewards Website is through the Online Banking or KeyBank Business Online websites.\nb. Telephone access. You may redeem Rewards Points by calling us at the number on the back of your Credit Card.\nc. Limitations.\ni. For certain Conversion Accounts, until your Credit Account has been issued new Credit Cards with multi -card\nfunctionality, only the Primary Signer on the Credit Card will have the ability to access the Rewards Website\nelectronically and all other Signers of such Credit Card Account will need to access the Rewards Website through\ntelephonic access. Once your Credit Card Account has been provided multi-card functionality, all Signers will be able\nto access the Rewards Website through electronic access.\nii. For all Business Credit Card Accounts that use KeyBank Business Online to access their Credit Card Account, only\nthe Primary Signer, and if applicable the administrator designated pursuant to Section II.4.a.ii below, will be able to\nsign into the Rewards Website.\n4. Signers and Primary Signers. A "Signer" always refers to an individual and not to an entity, organization, trust or other\nbusiness. Signers for Enrolled Products are further defined as follows:\na. Signer on an Eligible Credit Card Account. A Signer is an individual who is obligated to repay the outstanding amount\nunder an Eligible Credit Card. A Signer includes a borrower, co-borrower or guarantor of the Eligible Credit Card.\nAdditionally, if the Eligible Credit Card is a business credit card for which the business is the obligor, then signer shall also\ninclude (i) the individual who is the legal representative of the business who applied for the business to receive the Eligib le\nCredit Card and/or (ii) an administrative person the Business has designated to manage the Rewards Account including\nviewing and redeeming Points earned by the business. Additionally, a Signer may be a person designated on KeyBank\'s\nsystems, books or records as being a Signer. An authorized user of an Eligible Credit Card who is not a Signer as defined in\nthis subsection is not a Signer for the purposes of this Agreement or the Program.\nb. Primary Signer. For an Eligible Credit Card, the Primary Signer will be the borrower, and all co-borrowers and/or\nguarantors will be considered other Signers.\nIII. Earning Points.\n1. Generally. If you are in the Program you may earn Reward Points associated with your Enrolled Products.\na. Rewards Points associated with an Eligible Credit Card Account may be earned as set forth herein.\nb. Transactions of authorized users of En rolled Products may earn Rewards Points subject to the limitations set forth in this\nSection III; however, such an authorized user will not be able to view or redeem Rewards Points as set forth in Section IV.\n2. Guide. KeyBank publishes guides to set forth qualification criteria for earning Rewards Points for particular transactions and\nevents. The KeyBank Rewards Points Guide includes information concerning Activity and Bonus Points and general Rewards\nPoints, applicability to enrolled Eligible Credit Cards, and further qualification and earn rates as specified therein (hereinafter\nreferred to as the "Guide"). The Guide is specifically incorporated into and made a part of the Program Rules and may be modified\nby KeyBank at any time. The Guide is available at www.key.com under the Rewards tab. KeyBank reserves the right, in its sole\ndiscretion to determine (1) whether any product or service is a product eligible to earn Rewards Points, (2) whether any tran saction,\nproduct or service is eligible to earn Activity and Bonus Points (defined below), and (3) whether to provide any product or service to\n\n\x0cany person or Customer. Important additional information regarding Activity and Bonus Event types, qualifications, and amount of\npoints earned, is contained in the Guide. Different Activity and Bonus Events may apply for Consumer and Business Customers,\nand for Customers in KeyBank\'s Private Bank. Activity and Bonus Points may be earned for single transactions and for recurrin g\nactivity, and are subject to monthly caps. Please refer to the Guide for details.\n3. Net Purchases.The term \xe2\x80\x9cNet Purchases\xe2\x80\x9d is defined as the dollar value of goods and services purchased with an Eligible Credit\nCard, after the enrollment date, minus (a) any credits, returns, unauthorized charges, or other adjustments, as reflected on the\nmonthly statements, and (b) the value of all Excluded Transactions. For the avoidance of doubt, \xe2\x80\x9cNet Purchases\xe2\x80\x9d shall also exclude\nall annual membership fees, late payment fees, over-limit fees, insurance charges, finance charges, and any other card-related\nservice fees or charges.\n4. Points for Enrolled Credit Card Accounts. KeyBank offers varying levels of Rewards Points depending upon your credit card\ntype. Subject to the terms of the Guide, Rewards Points will be awarded for the amount of credit card transaction activity.\nAdditionally, for Business Customers that also have an Eligible Checking Account with KeyBank, (regardless of enrollment status),\nKeyBank will provide Rewards Points to a Signer on an Eligible Credit Card, upon opening of such Eligible Credit Card, so long as\nthe qualification criteria in the Guide are met.\n5. Bonus Offers and Incentives. From time to time KeyBank may provide offers to Signers to (i) earn additional Rewards Points for\nshopping at a particular retailer, or (ii) use Rewards Points to purchase a particular retailer\'s gift card at a discounted a mount (herein\ncollectively referred to as the "Bonus Offer(s)"). These Bonus Offers may be presented to Signers by KeyBank through various\nvenues, including without limitation, through KeyBank\'s Online Banking site, KeyBank\'s Rewards Website, or e-mail. Signers will be\nable to turn off viewing of these offers in Online Banking and the Rewards website by following the instructions set forth on the\nwebsite. Additionally, Signers will be able to unsubscribe from the Bonus Offer e-mails by following the unsubscribe directions in any\nsuch Bonus Offer e-mails. Once a Signer has accepted a Bonus Offer to earn Rewards Points by shopping at a particular retailer,\nthen the transactions of any Signer or authorized user of the account for which the Bonus Offer was accepted will be used to\ndetermine whether the criteria have been met to earn the additional Rewards Points set forth in the Bonus Offer. Authorized users\nwill not be presented Bonus Offers.\n6. Excluded Transactions. Excluded Transactions will not be included in the Reward Point calculation. The term Excluded\nTransactions is defined as and includes: ATM cash disbursements, manual financial institution cash advances, KeyBank\'s Cash\nReserve Credit transactions, person-to-person money transfers, a quasi cash transaction including the purchase of traveler\'s\nchecks, foreign currency, money orders or convenience checks, gaming transactions, balance transfers, annual membership fees,\npoint-of-sale cash back transactions greater than the purchase amount, returned checks, and any credit, return or other adjustment\nto your Enrolled Product. If you are enrolled in the Rewards Program, the term "Excluded Transactions" as defined above will apply\nto the Reward Point calculation for transactions made using your Enrolled Product.\nIV. Rewards Account and Point Redemption\n1. Rewards Account Generally. Each Enrolled Product will have an associated internal rewards account established by KeyBank\nto track the Rewards Points earned under the Program. If you are a Signer on an Enrolled Product you will have a rewards account\n("Rewards Account"), which is a pass-through account that allows access to the Rewards Points earned relative to any Enrolled\nProduct for which you are a Signer (as set forth in Section II above). Your Rewards Account number will be available online and\nelsewhere as determined by KeyBank from time to time. Your Rewards Account will allow you to view the available point balance\nrelating to any Enrolled Product for which you are a Signer. The available point balance is an aggregation of Rewards Points\navailable to any Signer, subject to certain exceptions, on an Enrolled Product for activities and behaviors engaged in by the Signers\nof such accounts as set forth in Section III entitled "Earning Points". You shall have no interest in or rights to the Reward s Account\nexcept as provided in these Program Rules, and the Rewards Account cannot be assigned or transferred by you. Any assignment or\ntransfer of the Rewards Account is null and void.\n2. Rewards Account Mechanics. Your Rewards Account will allow you to view all of the Rewards Points which have been earned\nrelative to any Enrolled Product for which you are a Signer. You will be able to redeem any and all Rewards Points viewable in your\nRewards Account. An authorized user of an Enrolled Product will not be able to view or redeem Rewards Points. However, activi ty\nof other Signers, who also may view and redeem from a common available point balance for which you both are Signers, may\nreduce the availability of Rewards Points in your Rewards Account. All Signers on an Enrolled Product will be able to view an d\nredeem all Rewards Points earned for the Enrolled Products.\n3. Redemption. Rewards Points must be redeemed by a Signer on an Enrolled Product. Except as specified in Section II.3 above,\nto redeem Rewards Points for rewards, log into KeyBank\'s Rewards Website, or contact us at the number on the back of your Credit\nCard.\n4. Reservation of Rights. KeyBank reserves the right, in its sole discretion, to change how Rewards Points are earned and\nallocated at any time.\n5. Contacting Key. As set forth in Section II.3 above, your available Rewards Points balance is available at KeyBank\'s Rewards\nWebsite, on KeyBank\'s Online Banking or KeyBank Business Online, as applicable, or by calling us at the number on the back of\nyour Credit Card. Additionally, the Rewards Points balance for the Enrolled Credit Card is available on the credit card billing\nstatement. Important information regarding the Rewards Program ("KeyBank Rewards Information") can be found\nat www.key.com/rewards.\n6. Redemption Allocation and Expiration.\na. Expiration Generally. If unused, the Rewards Points carry a 4-year expiration limitation based on the date the Rewards\nPoints were earned, and upon expiration all unused Rewards Points shall be forfeited immediately.\nb. Redemption Allocation. Rewards Points redeemed and/or expired, if applicable, will be based on a first-in, first-out\nprocess.\n\n\x0cc. For October 2013 Conversion Accounts and October 2014 Conversion Accounts, converted Rewards Points will retain\nthe same expiration date as they had under your previous rewards program. For October 2016 Conversion Accounts,\nconverted Rewards Points will receive a four year expiration period for such Rewards Points commencing as of October 10,\n2016. Notwithstanding the foregoing, Rewards Points earned with any of the following Eligibl e Credit Cards will not expire:\nKey Private Bank Mastercard Credit Card, Key Private Bank World Elite Mastercard Credit Card and KeyBank Select World\nMastercard.\n7. Transferability. Rewards Points earned are not transferable, have no cash value and cannot under any circumstances be used\nas payment for any Customer account balance or any other liability or obligation you have to KeyBank.\n8. No Partial Awards. No partial awards will be issued upon redemption of Rewards Points.\n9. Value. Rewards Points and rewards have no value, are not refundable or exchangeable and cannot be used except in\naccordance with these Program Rules and applicable terms and conditions of rewards suppliers. Your reward points have no cash\nvalue until redeemed, are not your property and may not be transferred or assigned by agreement or operation of law. You have no\nproperty rights or other legal interest in your reward points.\n10. Availability. Rewards Points are available after transactions are posted and based on the specifications set forth in the Guide.\nV. General Program Details\n1. Continuing Eligibility. Eligibility is limited to KeyBank\'s Customers, whose Enrolled Products are in good standing. You will onl y\nearn Rewards Points as long as KeyBank, in its sole discretion, determines that your Enrolled Products are acceptable to KeyB ank\nand are eligible for participation in the Program. An ineligible account includes, without limitation, an account that is fro zen,\nrestricted, closed, terminated, cancelled, expired, inactive, dormant, has a legal status, or an account that is subject to l itigation or\nany adverse (or conflicting) claim of any third party, or is otherwise unenrolled.\n2. Cancellation and Discontinuation. If you close your Credit Card, you will also be cancelling your enrollment in the Program, and\nall unused accrued Rewards Points and rewards must be redeemed within 30 days of cancellation (the "Redemption Grace Period")\nby calling the number on the back of your Credit Card. Any unused accrued Rewards Points or rewards not redeemed during the\nRedemption Grace Period will be forfeited. You may discontinue your participation in the Program at anytime without notice.\nKeyBank\'s cancellation, change or suspension of the Program may result in the forfeiture of earned points and a change in the\nredemption of any outstanding rewards.\n3. Reservation of Rights. The Program and benefits are offered at the sole discretion of KeyBank. KeyBank reserves the right to\ncancel, change or temporarily suspend the Program at any time without notice, including without limitation, to (a) terminate any\nCustomer\'s or Signer\'s membership in the Program for any reason; (b) reduce or eliminate all Rewards Points earned (but not yet\ncredited to your Rewards Account); (c) add to or modify the terms and conditions of these Program Rules, including, as to the\nRewards Program and the Guides, additions or modifications to the number of Rewards Points earned for any activity, deletions or\nmodifications to activities that earn Rewards Points, or modifications to qualifications for Activity and Bonus Events or Products; (d)\ndiscontinue KeyBank\'s participation in the Program; (e) terminate or modify its Program; (f) modify the formula to calculate Rewards\nPoints earnings; and (g) in the event of any fraud or abuse of the Program privileges or violation of the Program Rules (including any\nattempt to sell, exchange or otherwise transfer Rewards Points or any instrument exchangeable for the Program). In regard to the\nRewards Program, KeyBank reserves the right, in its sole discretion, to determine whether any transaction, product or service is\neligible to earn Rewards Points, and whether to allow any person or Customer to undertake any transaction or to receive any\nproduct or service.\n4. Governing Law. These Program Rules and Program are governed by the laws of the State of Ohio, without regard to i ts conflicts\nof law principles. The Program is void where prohibited by federal, state or local law.\n5. Availability Limitations. Airline tickets, travel rewards packages, merchandise rewards, travel vouchers, gift certificates/gift\ncards and other rewards are subject to availability and certain restrictions and fulfillment fees apply.\n6. Signer Disputes. KeyBank is not responsible for, and has no duty, obligation or liability regarding any disputes between joint\nSigners of an Enrolled Product (or authorized users of a Credit Card) relating to Rewards Points ownership, accessibility and/or\nredemption rights under the Program.\n7. Liability. Every effort has been made to ensure that the information provided is accurate. KeyBank is not responsible for errors or\nomissions.\n8. Taxes. When you redeem Rewards Points for a reward, you and the merchant are responsible for compliance with all laws\nrelated to the reward, including the payment and collection of any federal, state, and local taxes.\n9. Travel Taxes and Fees. You are responsible for payment of any passenger facility charges, air segment taxes, departure taxes,\ncustoms fees, baggage charges, security taxes or any other charges assessed by governmental entities or airline company as a\nresult of travel under the Program, as well as any shipping, courier, fulfillment or certificate fees associated with the Program.\n10. Correspondence/Mailing. KeyBank shall not be responsible for any correspondence by you that is lost or delayed in the mail.\nAll travel tickets, travel packages, merchandise and other rewards will be sent to your address on file at KeyBank or otherwi se in\naccordance with your instructions. Merchandise shipments cannot be made to a post office box.\n11. Finality. All questions regarding accrual of rewards or the fulfillment of rewards shall be resolved by KeyBank, and its decision\nwill be final. All questions or disputes regarding use of gift certificates/gift cards shall be resolved by the supplier or issuer of the gift\ncertificate/gift card by contacting customer service department disclosed with the certificate/card.\n12. Release. Should KeyBank decide to terminate the Program, and the acceptance and use of the Program, Customer\nhereby releases, discharges, and holds harmless KeyBank, Mastercard International Incorporated, doing business as\nMastercard Worldwide, and its affiliates and subsidiaries, (collectively, called "Mastercard"), and their respective\n\n\x0csubsidiaries, affiliates, employees, officers, directors, successors and assigns from all claims, damages or liability\nincluding but not limited to physical injury or death, arising out of participation in the Program.\n13. Limitation of Liability. Neither KeyBank, Mastercard nor any other entity associated with the Program shall have any liability\narising from, or related to, such rewards of the Program, except as expressly stated herein. If you are denied a benefit of the\nProgram to which you are entitled, liability of KeyBank and Mastercard shall be limited to your earned portion of the benefit. In no\nevent shall KeyBank or Mastercard be liable to you for any indirect, incidental, consequential, special or punitive damages a rising\nfrom this Program or performance of any obligations hereunder, or any other action or omission by it, even if such party is informed\nor is otherwise aware or should be aware of the possibility or likelihood of such damages. KeyBank makes no warranty and here by\ndisclaims any and all representations or warranties, express or implied, regarding any subject matter contemplated by these\nProgram Rules, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising\nfrom the course of dealing or course of performance.\n14. Third Parties. Suppliers of goods and services are independent contractors and are neither agents nor employees of KeyBank,\nMastercard, or any of their affiliates; or any group, organization, or en tity endorsing a credit program by us. We neither offer,\nendorse, nor guarantee any of the goods, services, information, or recommendations provided by third parties to you in connection\nwith the Program.\n15. Intellectual Property. The KeyBank name, Key mark design and logo are registered trademarks of KeyCorp, an Ohio\ncorporation. Mastercard and World Mastercard are registered trademarks of Mastercard International Incorporated and are used by\nus pursuant to a license. All other company, product, and service names may be trademarks or service marks of others and their\nuse does not imply endorsement or an association with this Program.\nVI. Airline, Hotel, Car Rental & Travel Packages\n1. You may redeem Rewards Points for travel related items such as airline tickets, hotel stays, car rentals and travel packages\n(herein "Travel Rewards"). You may redeem Rewards Points for Travel Rewards by selecting the "Travel" icon ("Travel Tool") on\nthe KeyBank Rewards Website, or by calling the phone number listed on the back of your card. The Travel Tool has additional\nspecific terms and conditions relating to the booking and use of Travel Rewards, which terms of use must be reviewed and\naccepted prior to each redemption of a Travel Reward. As the Travel Tool terms of use (also known as terms and conditions)\nmay change more frequently than these KeyBank Rewards Program Terms and Conditions, you will be required to acknowledge\nyour review and acceptance of the Travel Tool terms and conditions before completing a redemption of a Travel Reward. When you\nmake a reservation using the Travel Tool, you will be subject to the rules of each company, agent or other entity supplying a Travel\nReward (herein a "Supplier"). Each Supplier sets its own rules as to booking, cancellations, chan ges and refunds, including any\nfees relating to same. Supplier fees (such as for booking cancellation, changes or refunds) may be required to be paid via credit\ncard, or other another payment medium selected by Supplier. You must carefully read the rules of each Supplier before booking as\ncertain Suppliers may not permit cancellations, changes or refunds. Additionally, any redemption of a Travel Reward is also\ngoverned by these general KeyBank Rewards Program Terms and Conditions. In the event of a conflict, the Travel Tool terms and\nconditions will control the governance of a transaction involving Travel Rewards.\n2. Prohibited Use. As a condition of your use of the Travel Tool and/or KeyBank\'s Rewards Website, you warrant that you will not\nuse the Travel Tool or KeyBank\'s Rewards Website for any purpose that is unlawful or prohibited by these terms, conditions, and\nnotices.\n3. KeyBank is not responsible for products or services offered by other companies.\nVII. Merchandise\n1. KeyBank may make substitutions of equal or greater value when necessary without notification.\n2. Merchandise rewards include all taxes, standard shipping, handling and delivery charged. Merchandise cannot be shipped to\nP.O., APO, or FPO boxes, or outside the contiguous United States.\n3. Returns are only accepted for merchandise that is damaged, defective, or incorrectly shipped. You must notify us within 48 hou rs\nof delivery to start a return. Applicable items must be returned, in the original packaging, within 30 days from receipt of d elivery for\ncredit to your Rewards Account or shipment of replacement item(s).\n4. Delivery of merchandise will be made by ground delivery service-signature required or first-class mail. Please allow four to six\nweeks from time of order.\n5. Any additional shipping costs will be your responsibility and will be charged to the Eligible Credit Card.\nVIII. Gift Certificates/Gift Cards\n1. Gift certificates/gift cards have no value except when used in accordance with these Program Rules and applicable terms an d\nconditions of participating suppliers or card issuers.\n2. Gift certificates/gift cards must be surrendered at redemption, are not refundable, exchangeable, unless required by appli cable\nlaw. Gift certificates/gift cards cannot be used against Customer\'s outstanding credit account balances. Gift certificates/gift cards\nmay not be resold.\n3. KeyBank may make substitutions of equal or greater value when necessary.\n4. KeyBank and participating suppliers are not responsible for replacing lost, stolen or expired gift certificates/gift cards.\n5. Gift certificates/gift cards use is subject to the terms and conditions printed thereon.\n6. Gift certificates/gift cards are valid only at participating suppliers through the expiration date printed on the gift certificate/gift card.\n\n\x0c7. Delivery of gift certificate/gift card will be made by ground delivery service-signature required or first-class mail or email. Please\nallow three to four weeks from time of order for direct mail. Expedited or insured delivery may be available on request. If you elect\nexpedited, express, or international shipping, additional fees may apply.\n8. Gift certificates/gift cards may not be combined with any other promotional offers from KeyBank or participating suppliers.\n9. In the event the goods and services purchased are less than the face value of the gift certificate/gift card redeemed, the policy of\nthe supplier will determine whether credit or gift certificate/gift card value for the difference will be given.\n10. Gift certificates/gift cards as rewards are void where prohibited by law.\n11. Issuers of gift certificates/gift cards are solely responsible for compliance with any legal or regulatory requirements g overning gift\ncertificates/gift cards.\nIX. Cash Back\n1. You may redeem Rewards Points for cash back to be applied to your Enrolled Credit Card. You may elect to redeem your\nRewards Points either as a statement credit to your Account or as an electronic deposit into any eligible checking or savings\naccount at KeyBank. A statement credit will reduce your Account balance. Statement credits appear on your billing statement as an\nadjustment and not as a payment, so you must continue to pay your minimum payment due each month. Receipt of a statement\ncredit does not affect your responsibility to pay your minimum payment, as shown on your billing statement.\n2. Cash Back is available only for accounts in good standing as determined by KeyBank in its sole discretion. Any Signer who has\nregistered is eligible to choose Cash Back as a Rewards Points redemption option, subject to the restrictions set forth in this Section\nIX.\n3. Cash Back will post to the account you selected within 5-7 business days from the date of redemption and will appear on your\nmonthly statement.\n4. It may take up to two (2) business days after enrollment for an account to be eligible as a selection option for the Cash Back\nfeature.\n5. You will be responsible for taxes related to Cash Back, if any.\n6. You may only redeem Cash Back in increments set forth in the web site options available at the time of redemption.\nSchedule II.2\nI. KeyBank Original Origination Credit Cards\nA.\n\nConsumer. Any Credit Card issued by KeyBank on or after May 24, 2013, and bearing a plastic number with the first 6\ndigits of 524924, 519945, 552356, and bearing the name KeyBank Key2More Rewards Mastercard Credit Card, Key Private\nBank Mastercard Credit Card and KeyBank Platinum Mastercard Credit Card\n\nB.\n\nBusiness. Any Credit Card issued by KeyBank on or after May 24, 2013, and bearing a plastic number with the first 6 digits\nof 519731 including KeyBank Business Rewards Mastercard Credit Card\n\nII. KeyBank Conversion Credit Cards. All of the credit card Accounts listed in this Section II shall be deemed a Conversion\nAccount.\nA.\n\nOctober 2013 Conversion Accounts. Effective October 4, 2013 the following credit cards were converted from a separate\nrewards program into the KeyBank Rewards Program (herein collectively referred to as the "October 2013 Conversion\nAccounts"):\n(1) KeyBank World Mastercard with Rewards\n(2) KeyBank Mastercard with Rewards\n(3) Key Private Bank World Elite Mastercard\n(4) Key Private Bank World Mastercard\n(5) KeyBank Business Travel Rewards Mastercard\n(6) KeyBank Business Rewards Mastercard bearing a plastic number with the first 6 digits of 547538\n(7) KeyBank Key2More Rewards Mastercard bearing a plastic number with the first 6 digits of 548029, 552373 or 548853\n\nB.\n\nOctober 2014 Conversion Accounts. Effective October, 2014 the following credit cards were converted from a separate\nrewards program into the KeyBank Rewards Program(herein collectively referred to as the "October 2014 Conversion\nAccounts"):\n(1) KeyBank Platinum Mastercard with Rewards bearing a plastic number with the first 6 digits of 521515\n(2) KeyBank Select World Mastercard bearin g a plastic number with the first 6 digits of 552470\n(3) KeyBank Business Mastercard with Rewards bearing a plastic number with the first 6 digits of 519726 or 519727\n\nC.\n\nOctober 2016 Conversion Accounts. Effective October 10, 2016, the following credit cards were converted from a\nseparate rewards program into the KeyBank Rewards Program (herein collectively referred to as the "October 2016\nConversion Accounts"):\n(1) KeyBank World Mastercard Credit Card bearing a plastic number with the first 6 digits of 552437\n(2) KeyBank Platinum Rewards Mastercard Credit Card bearing a plastic number with the first 6 digits of 532914 and\n529079\n(3) KeyBank Rewards Business Mastercard Credit Card bearing a plastic number with the first 6 digits of 552743\n\n\x0cAll of the credit cards listed on this Schedule II.2. will be deemed an Eligible Credit Card. Conversion Accounts will have the same\nterms and conditions of all other Eligible Credit Cards under the Program unless specifically designated otherwise. The cre dit card\nnames for the Conversion Accounts are listed separately in the Points Guide.\n\nVersion Effective April 16, 2021.\n(ID 2024-512)\n\n\x0c'