CARDMEMBER AGREEMENT
Please take the time to review the following important information about your Account and
retain it for future reference. This document, including the accompanying Rates and Fees
Table and the Additional Terms of Your Cardmember Agreement, is an agreement
between you, the Cardmember, and us, KeyBank National Association, and is referred to
throughout this document as the "Cardmember Agreement" or "Agreement." If you have
any questions, please call us using the number on the back of your Card or on your billing
statement.
Your Agreement and Promise to Pay: By using the Account, making a payment on the Account, or signing
an application for any Card we send you, you agree to the terms of this Agreement. You agree to pay us all
amounts that we lend to you on your Account, together with Interest Charges and fees as provided in this
Agreement.
YOUR ACCOUNT TERMS
IMPORTANT TERMS
WHAT IT MEANS
HOW IT AFFECTS THE
ACCOUNT
You and your
All persons who applied for the
If there are joint Cardmembers, we
Account or who are liable on the
may send communications to either
Account by any other means
of you, we may disclose information
about the Account to either of you,
and we may accept instructions
from either of you (even if you have
a disagreement).
We, us, our and KeyBank
KeyBank National Association
We are the creditor of your Account
and the issuer of your Card.
Credit Limit
Your credit limit is the maximum
We will advise you of the total credit
amount that you can have
limit on your Account when we first
outstanding on your Account at any
send you your Card and when we
time. You agree not to request any
post it on your monthly billing
transactions that would cause your
statement. Your Cash Advance limit
Account balance to exceed the
is only a portion of your total
credit limit. You are responsible for
available (unused) credit limit. Your
balances on your Account including
total credit limit and Cash Advance
amounts charged in excess of your
limit may change from time to time.
credit limit.
We will notify you of any such
changes through your billing
statement or by sending you a
separate notice, which may be after
the change occurs. If no separate
Cash Advance limit is listed on our
billing statement, then the amount of
your credit limit available for Cash
Advances is your total credit limit.
We may cancel, change, or rescind
your credit availability at any time.
We may approve a transaction that
causes your Account balance to
exceed the credit limit, but we do
not treat such a transaction as a
request for an increase in your credit
limit.
Authorized Users
You are responsible for any use of
If you request, we may issue Cards
your Account by an authorized user
that access your Account to your
or anyone else that you permit to
authorized users. If you revoke an
use your Account. You must notify
authorized user, we may close your
us to revoke an authorized user's
Account and issue a new Card(s)
permission to use your Account.
with a different Account number.
You are responsible to recover from
that authorized user and destroy any
Cards, checks and other devices
that can be used as a means of
accessing your Account.
IMPORTANT DEFINITIONS
Cash Advance
The following transactions will be treated as Cash Advances: all advances to get
cash over the counter, through an ATM, or other "cash-like" transactions (such
as purchasing a money order, traveler's check, casino betting chip, or a lottery
ticket) as determined by us. We sometimes call these Cash Equivalents.
Daily Periodic Rate (DPR)
The daily periodic rate for a given balance is equal to the APR for that balance
divided by 365. It is a daily interest rate.
Payment Due Date
This is the date by which we must receive the minimum payment in order for it to
be on time. Your monthly billing statement will list the Payment Due Date.
Default
An Account will be in default if:
1) you fail to make at least the minimum payment when due; 2) you violate any
other provision of this Agreement; 3) we believe you may be unwilling or unable
to pay your debts on time; 4) you file for bankruptcy; or 5) you become
incapacitated or die.
If your Account is in default, we may close your Account or terminate or suspend
your credit privileges without notice and require full payment of your outstanding
balance immediately.
We can also begin collection activities. To the extent permitted by law, if you are
in default because you have failed to pay us, we will require you to pay our
collection costs, attorneys' fees, court costs and all other expenses of enforcing
our rights under this Agreement.
USING YOUR ACCOUNT
You may use your Account only for personal, family or household purposes. You may not use your Account for
illegal purposes, and you may not use your Account for internet gambling (even if legal). However, you are still
responsible for any transactions that you enter into in violation of this Agreement.
USE
WHAT IT MEANS
HOW IT AFFECTS THE
ACCOUNT
Purchases
You may use the Account to buy
We authorize charges to your
goods and services.
Account in accordance with the
terms of the Agreement.
Balance Transfers and Fees
You can transfer balances to your
We permit Balance Transfers from
Account by contacting us. We will
most accounts issued by other
charge a Balance Transfer fee on
banks. We do not permit Balance
the amount of each Balance
Transfers from other accounts or
Transfer, as set forth in the Rates
loans with us or any of our affiliates.
and Fees table.
Cash Advances and Fees
We treat certain transactions as
You may obtain cash from ATMs or
at banks.
Cash Advances. See the Cash
Advance section under Your
We will charge a Cash Advance fee
Account Terms, above.
or Cash Equivalent fee on the
amount of each Cash Advance, as
set forth in the Rates and Fees
table.
Checks and Fees
You may use checks provided by us
We may provide checks for your
to access your Account (sometimes
use; we have the right not to pay a
referred to as "convenience
check for any reason. You may not
use a convenience check to make a
checks"). Checks will be added to
your Purchase balance (but there is
payment on the Account or any
other Account with us.
no grace period to avoid interest
charges).
We will charge a Convenience
Check Advance Fee on the amount
of each Convenience Check
Advance, as set forth in the Rates
and Fees table.
Overdraft Protection Advances and
Fees
You may set up this Account to
We allow your Card Account to be
cover overdrafts on your checking
linked to a KeyBank Checking
account at KeyBank ("Checking
Account. Only one OD Advance will
Account"). Overdraft Protection
be made each day. The terms of
Advances ("OD Advances") will be
this Agreement and your checking
treated as Cash Advances.
account agreement will apply. In
We will charge an Overdraft
order to link your Card Account to
Protection Transfer Fee to your
your Checking Account, all persons
Card Account each day an
who applied for the Card Account or
Overdraft Protection Advance
who are liable on the Card Account
occurs as set forth in the Rates and
must be owners of the Checking
Fees Table.
Account. If at any time for any
reason the persons who applied for
the Card Account or who are liable
on the Card Account and the
owners of the Checking Account are
different, your right to take OD
Advances will terminate.
At the end of each business day, an
automatic OD Advance will be
made on your Card Account when
the total amount of withdrawals from
your Checking Account made during
the day and service charges we
post to your Checking Account for
the day, exceed the amount of funds
in your Checking Account that is
available for withdrawal. You
request that these automatic OD
Advances be made and agree that
the amount of the OD Advances will
be advanced from your Card
Account up to the amount that is
available under your Cash Advance
limit. The Cash Advance limit
amount used for authorization of OD
Advances is calculated as of the
end of the prior business day and
may be updated with current day
information if available. Cash
Advances occurring during the day
will reduce the amount of the Cash
Advance limit available for OD
Advances. The automatic OD
Advance will equal the lesser of the
amount needed to cover the unpaid
amount of withdrawals and service
charges in your Checking Account,
or the amount of available funds
under your Cash Advance limit,
rounded up to the nearest $50.00
increment. Please note that we may
pay items into overdraft, at our
discretion, and charge an overdraft
fee on your Checking Account if you
do not have available funds under
your Cash Advance limit for an OD
Advance of the total overdraft
amount.
If you fail to properly maintain your
accounts, in addition to other rights
and remedies we have, we may
terminate your Overdraft Protection.
You may cancel the Overdraft
Protection services at any time by
giving us written notice at the
address printed on your Card
Account monthly statement. We
may cancel your Overdraft
Protection and stop making OD
Advances at any time.
Recurring Transactions
You may authorize a third party to
We are not responsible for recurring
bill charges on a recurring basis to
transactions if your Account is
your Account. To withdraw your
closed, suspended, or the Account
authorization, you must contact the
number changes. You agree that we
third party. If your Account is closed
may (but are not required to) provide
or suspended, your Account number
the third party your current Account
is changed, or to withdraw
status, Card number and/or
authorization, you will need to
expiration date to facilitate
contact the third party.
payments.
Promotions
You may receive special offers
Any special offer is subject to this
related to your Account.
Agreement, unless specified
otherwise.
Rewards
If your Account provides you with
We will provide you with all
the opportunity to earn rewards,
information and terms about your
points may be redeemed for brand
rewards separately. We will include
named merchandise, gift cards,
on your billing statement all rewards
travel rewards, or other redemption
you have earned.
items as we determine from time to
time.
Foreign Transaction Fee and
For transactions that take place
Mastercard International
Exchange Rate
outside the United States, a fee
("Mastercard") will convert
may be assessed on the U.S. Dollartransactions made in a foreign
amount of the transaction. See the
country using a government-
Rates and Fees Table above for the
mandated or wholesale rate in effect
fee applicable to the Account.
on the processing date (which may
differ from the rate on the date of
your transaction). The rate used
may differ from the rate that
Mastercard actually receives.
Authorization of
You may close your Account at any
We may refuse to authorize any
Transactions/Closing the Account
time by notifying us either in writing
transactions at our sole discretion,
at the address shown on your billing
even if there is sufficient available
statement or by phone at the
credit. We are not responsible for
number provided on your billing
any losses associated with a
statement. We will not honor any
declined transaction. We may close
convenience check or authorize any
your Account or terminate your
transactions after your Account is
credit privileges at any time for any
closed. You remain responsible for
reason, subject to applicable law.
any balance on your Account.
Your Account balance will continue
to accrue Interest Charges and fees
and remain subject to all terms of
this Agreement. If we do so, you
may not use your Card or any
checks we have issued.
MAKING PAYMENTS
You will receive a billing statement each month, if one is required. It will show your minimum payment and the
Payment Due Date, and will provide instructions for making your payment.
IMPORTANT INFORMATION
WHAT IT MEANS
HOW IT AFFECTS THE
ACCOUNT
Payment Instructions
You must follow the payment
As long as you make your payment
instructions provided on your
in accordance with the instructions
monthly billing statement. All
on your billing statement by the date
payments made by check must be
and time payments are due, we will
drawn on a U.S. financial institution
credit your payment as of the day it
in U.S. Dollars. You authorize us to
is received. We may accept and
either use information from your
process late, partial and payments
check to make a one-time electronic
marked as "paid in full" without
fund transfer from your account or
losing our rights under this
process the payment as a check
Agreement. Any such payment
transaction.
must be sent to the special address
identified on your statement.
Minimum Payment
You agree to pay at least the
We will calculate your minimum
minimum payment when due. You
payment based on the method
also agree to pay any past due
described in the Additional Terms of
amounts and also any amounts in
Your Cardmember Agreement. The
excess of your credit limit when
minimum payment will appear on
billed on your monthly billing
your monthly billing statement, and
statements or sooner if we ask.
may include any past due amounts
and any amounts in excess of your
credit limit.
How to Avoid Paying Interest on
If you paid the New Balance that
Except as described in the column
Purchases and When We Begin to
was shown on your previous billing
on the left, we add new Purchases
Charge Interest
statement by the Payment Due
to your Account, and they begin to
Date on that statement, then:
accrue Interest Charges, on the
date of the transaction.
We will not impose
Interest Charges on
There is no grace period for Balance
Purchases during your
Transfers or Cash Advances. We
current billing period if
add new Balance Transfers,
you pay the New
Overdraft Protection Advances,
Balance on your current
Checks or Cash Advances to your
billing statement by the
Account no earlier than the date of
Payment Due Date in
the transaction (for Checks, the
the current billing period,
date the payee deposits the Check).
and
We may choose to add fees to your
We will credit any
Account on the date of the related
payment applied toward
transaction, the date they are
Purchases as of the first
posted, or the last day of the billing
day in your current
period.
billing period if you make
Amounts added to your Account
a payment by the
remain subject to Interest Charges
Payment Due Date in
until paid in full.
the current billing period
that is less than the
New Balance.
If a New Balance was shown on
your previous billing statement and
you did not pay the New Balance by
the Payment Due Date on that
statement, then we will not impose
Interest Charges on any Purchases
during the current billing period if
you pay the New Balance shown on
your current billing statement by the
Payment Due Date in the current
billing period.
Application of Payments
If you make more than the minimum
We may apply the amount of your
payment when due, the excess
payment less than or equal to your
above the minimum payment is
minimum payment and any credits
applied to balances with the highest
to your Account in any way we
APRs first.
choose. We generally apply these
payments to lower APR balances
first, which means you may pay
higher Interest Charges.
Credit Balances
You may request a refund of credit
If no refund is requested, we will
balances at any time.
apply credit balances to new
transactions, unless prohibited by
law.
INTEREST CHARGES
CALCULATION
HOW WE DO THIS
We calculate the Daily
by taking the beginning balance for each type of transaction each day, adding any
Balance for each day
new transactions and any accrued but unpaid interest for the prior day, and then
subtracting any payments and/or credits and other adjustments. We treat any
daily balance that is a credit balance as a zero balance.
We calculate the Average
by adding all of the Daily Balances for each day in the billing period and then
Daily Balance
dividing by the total number of days in the billing period.
We calculate the Interest
by applying the daily periodic rate (DPR) for that balance to the "average daily
Charges for each balance
balance" for that balance. We multiply the result by the number of days in the
billing cycle. That gives us the total Interest Charges for that balance for that
billing period.
We add the Interest
by adding the Interest Charges to the balance to which it applies (for example, we
Charged to the Account
add Interest Charges on the Purchases balance to the Purchases balance). Cash
Advance, Overdraft Protection Transfer, and convenience check fees are added to
the Cash Advance balance and Balance Transfer fees are added to the Balance
Transfer balances, as applicable, and all other fees are added to the Purchases
balance.
We add the Minimum
by adding the amount set forth in the Rates and Fees table to one or more of the
Interest Charge
categories of transactions in which there are balances. We apply the Minimum
Interest Charge for any month where Interest Charges are due but are calculated
as less than the Minimum Interest Charge.
FEES AND OTHER ACTIONS
There may be times when circumstances result in a fee or other action being assessed on the Account. The
Rates and Fees Table lists the amounts of these fees. All such fees will be added to the Purchase balance,
unless otherwise indicated. Additional fees for special services you request may apply. You will be advised of
the amount of such fees at the time of your request.
TO AVOID
ACTIONS YOU MUST TAKE
WHAT WE WILL CHARGE YOU
Late Payment Fee
Ensure that we receive at least the
If any payment is late, we may
minimum payment by the Payment
charge you a late payment fee. See
Due Date shown on the monthly
the Rates and Fees Table for the
billing statement.
late payment fee applicable to your
Account. In no event will your late
payment fee exceed the amount of
your minimum payment due.
Stop Payment Fee
Do not stop payment on checks.
We may charge a stop payment fee
of $34.00 if we stop payment on a
check at your request.
Collections
Do not default.
If the Account is in default, we may
take the actions described above in
the Default section under Important
Definitions, above.
Statement Reprint Fee
You can request a copy of your
We will add a Statement Reprint fee
statement.
of $6 to your purchase balance if
you request a copy of your monthly
statement.
Rush Order Fee -
You can request that a new or
We will add a Rush Order fee of $25
replacement card be sent to you on
to your Purchase balance if you
Card Replacement
an expedited basis.
request that a new or replacement
card be sent to you on an expedited
basis.
FAQ
WHAT YOU MUST DO
HOW IT AFFECTS THE
ACCOUNT
My Card is lost or stolen, or my
Contact us immediately and stop
You will not be liable for any
Account has been compromised?
using your Account. Contact us at
unauthorized use that occurs after
the address or telephone number
you notify us. You may, however, be
liable for unauthorized use that
listed on your billing statement or
occurs before your notice to us. In
Card.
any case, your liability will not
exceed $50.
My Account is closed or
You must still repay all amounts you
You remain responsible for your
suspended?
owe under this Agreement.
balance.
My name, address, telephone
Notify us of any change.
We may also ask you to provide us
number of other information has
updated financial information about
changed.
you, and you agree to do SO.
ARBITRATION AND WAIVER OF JURY TRIAL RIGHTS
Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which a
Claim or Claims (as defined below) may be arbitrated instead of litigated in court. This Arbitration Provision
supersedes and replaces any existing arbitration provision between you and us. This Arbitration
Provision will apply to the Account(s) unless you notify us in writing that you reject the Arbitration
Provision within 60 days of opening the Account(s). Send your rejection notice to KeyBank N.A., PO
Box 93752, Cleveland, Ohio 44101-5752. Your notice must be legible and include your name, the
names of any joint account holders and the account number(s), the last four digits of your card
number, the date of your notice, your address (street, city, state and zip code), your daytime telephone
number, and must be signed by at least one of the joint account holders. Your rejection notice should
not include any other correspondence. Calling us to reject the Arbitration Provision or providing
notice by any other manner or format than as described above will not operate as a rejection of this
Arbitration Provision and consequently this Arbitration Provision will become part of this Agreement.
Rejection of this Arbitration Provision does not serve as a rejection of any other term or condition of
the Agreement with us governing your Account(s).
As used in this Arbitration Provision, the word "Claim" means any claim, dispute, or controversy between you
and us arising from or relating to this Agreement or the Account(s), including without limitation, the validity,
enforceability, or scope of this Arbitration Provision or this Agreement. "Claim" or "Claims" include claims of
every kind and nature, whether pre-existing, present or future, including without limitation, initial claims,
counterclaims, cross-claims, and third-party claims, and claims based upon contract, tort, fraud, and other
intentional torts, constitutions, statutes, regulation, common law, and equity (including, without limitation, any
claim for injunctive or declaratory relief). The word "Claim" or "Claims" is to be given the broadest possible
meaning and includes, by way of example, and without limitation, any claim, dispute, or controversy that
arises from or relates to (a) any Account subject to the terms of this Agreement (b) any electronic funds
transfer from or to any account (c) advertisements, promotions, or oral and written statements related to this
Agreement or the Account, (d) your application for the Account; and (e) the collection of amounts owed by you
to us.
This Arbitration Provision will not apply to Claims previously asserted, or which are later asserted, in lawsuits
filed before the effective date of this Arbitration Provision or any prior arbitration provisions between you and
us, whichever is earlier. However, this Arbitration Provision will apply to all other Claims, even if the facts and
circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.
Any Claim shall be resolved, upon the election of you or us, by binding arbitration pursuant to this Arbitration
Provision and the applicable rules of either the American Arbitration Association or J.A.M.S/Endispute in
effect at the time the Claim is filed (the "Arbitration Rules"). You may select one of these organizations to
serve as the arbitration administrator if you initiate an arbitration against us or if either you or we compel
arbitration of a Claim that the other party has brought in court. In addition, if we intend to initiate an arbitration
against you, we will notify you in writing and give you twenty (20) days to select one of these organizations to
serve as the arbitration administrator. If you fail to select an administrator within that twenty (20)-day period,
we will select one. In all cases, the arbitrator(s) should be a lawyer with more than ten (10) years of
experience or a retired judge. If for any reason the selected organization is unable or unwilling or ceases to
serve as the arbitration administrator, you will have twenty (20) days to select a different administrator from
the above list; if you fail to select a different administrator within the twenty (20)-day period, we will select
one. In all cases, a party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to
any Claim(s) subsequently asserted in that lawsuit by any other party or parties.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON
THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN
THE APPLICABLE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO
PARTICPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING
TO ANY CLAIM SUBJECT TO ARBITRATION EXCEPT AS SET FORTH BELOW. THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING. YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE
FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES
CHARGED BYA COURT.
There shall be no authority for any Claims to be arbitrated on a class action or private attorney general basis.
Furthermore, arbitration can only decide your or our Claim(s) and may not consolidate or join the claims of
other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for
in
the applicable Arbitration Rules. Any arbitration hearing that you attend shall take place in the federal
judicial district of your residence. At your written request, we will pay all fees charged by the arbitration
administrator for any Claim(s) asserted by you in the arbitration, after you have paid an amount equivalent to
the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in
which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be
required to pay that amount again.) If the arbitrator issues an award in our favor, you will not be required to
reimburse us for any of the fees we have previously paid to the administrator or for which we are responsible.
Each party shall bear the expense of that party's attorneys', experts', and witness fees, regardless of which
party prevails in the arbitration, unless applicable law and/or this Agreement gives you the right to recover any
of those fees from us. In the event you do not prevail in the arbitration, we will not seek to recover our
attorneys', experts' or witness fees from you. This Arbitration Provision is made pursuant to a transaction
involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C.
Sections 1 et. seq. The arbitrator shall apply applicable substantive law consistent with the FAA and
applicable statutes of limitations and shall honor claims of privilege recognized at law, and at the timely
request of any party, shall provide a brief written explanation of the basis for the award. In conducting the
arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of
evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA and
except that, if the amount in controversy exceeds $10,000.00 any party can appeal to a three-arbitrator panel
administered by the arbitration administrator which shall reconsider de novo (i.e. without regard to the original
arbitrator's findings) any aspect of the initial award requested by the appealing party. The decision of the panel
shall be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the
outcome of the appeal.
This Arbitration Provision shall survive termination of all Accounts subject to this Agreement. If any portion of
this Arbitration Provision is deemed invalid or unenforceable under any law or statute consisted with the FAA,
it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement. In the event of a
conflict or inconsistency between the applicable Arbitration Rules and this Arbitration Provision, this
Arbitration Provision shall govern.
Contacting Arbitration Administrators
If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like
to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as follows: American
Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019, www.adr.org, (800) 778-
7879. Commercial or Consumer Rules, J.A.M.S./Endispute, 222 South Riverside Plaza, Suite 1850,
Chicago, IL 60606; www.jamsadr.com (800) 352-5267, Financial Services Arbitration Rules and Procedures.
OTHER TERMS OF THE RELATIONSHIP
Communications
We may send Cards, statements, and other communications to you at any
mailing or email address in our records. By providing a telephone number for a
cellular telephone, other wireless device, or a landline number that was later
converted to a wireless device, you are expressly consenting to receiving
communications at that number, including, but not limited to, prerecorded or
artificial voice message calls, text messages, and calls made by an automatic
telephone dialing system from KeyBank and its affiliates and agents. This
express consent applies to each such telephone number that you provide to us
now or in the future and permits such calls regardless of their purpose. These
calls and messages may incur access fees from your cellular provider.
We may also send an email to any address where we reasonably believe we
can contact you. Some of the legal purposes for calls and messages include:
suspected fraud or identity theft, obtaining information; transaction on or
servicing of the Account; collecting on the Account, and providing you
information about product and services. Notify us immediately of any changes
to your contact information using the address or phone number shown on your
billing statement.
Telephone Monitoring
We may listen to and record your telephone calls with us.
Credit Information
We may obtain and review your credit history from credit reporting agencies
and others, including in connection with the servicing and collection of your
Account. We may also provide information about your Account to credit
reporting agencies and others. We may provide information to credit reporting
agencies about this Account in the name of an authorized user. If you think we
provided incorrect information, write to us at the address provided on your
billing statement and we will investigate.
Enforcement
We may choose to delay enforcing or waive any of our rights under this
Agreement. We can delay enforcing or waive any of our rights without affecting
our other rights. If we waive a right, we do not thereby waive the same right in
other situations.
Applicable Law
This Agreement and the Account will be governed by federal law, and to the
extent state law is applicable, the laws of the state of Ohio, and these laws
will apply no matter where you live or use this Account.
Amendments
We may change or terminate all or any part of this Agreement, including APRs
and fees, at any time. We may also add new terms or delete terms. Any
changes will be in accordance with applicable law, and we will provide notice
as required by law.
Assignment
We may sell, assign or transfer the Agreement and the Account or any portion
thereof without notice to you, and the purchaser, assignee, or transferee shall
have the same rights as we do under this Agreement. You may not sell assign,
or transfer the Account.
Severability
Except as specifically provided in the arbitration section above, if any provision
of this Agreement is finally determined to be void or unenforceable under any
law, rule or regulation, all other provisions of this Agreement will remain valid
and enforceable.
Restrictions on Use
KeyBank may restrict use of your Card in any jurisdiction or country where
such use would be contrary to U.S. law or regulation, or which is identified as
presenting a high risk of fraud. Please call 1-800-KEY2YOU for the current list
of countries where transactions are restricted.
YOUR BILLING RIGHTS - Keep this document for future use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What to Do If You Find A Mistake On Your Statement
If 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
following information.
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of the problem: If you think there is an error on your bill, describe what you believe is
wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment
on the amount you think is wrong.
You must notify us of any potential errors in writing, You may call us, but if you do we are not required to
investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also
tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we
believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you
interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of
your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or other
fees related to that amount.
If we do not believe there was a mistake: You have to pay the amount in question, along with
applicable interest and fees. We will send you a statement of the amount you owe and the date
payment is due. We may then report you as delinquent if you do not pay the amount we think you
owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us
that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting you are
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we
must let those organizations know when the matter has been settled between us.
If
we do not follow all of these rules above, you do not have to pay the first $50 of the amount you question
even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have
tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining
amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing
address, and the purchase price must have been more than $50. (Note: Neither of these are
necessary if your purchase was based on an advertisement we mailed to you, or if we own the
company that sold the good or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from
an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the
address shown on your billing statement.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we 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 delinquent.
Additional Disclosures for Residents of Specific States
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available
to all credit worthy customers and that credit reporting agencies maintain separate credit histories on each
individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
New York and Maine Residents: You agree to give us permission to obtain one or more credit reports from
consumer reporting agencies in connection with the application, any transaction or extension of credit that
may result from this application, and on an ongoing basis, for the purposes of performing a routine and
occasional verification of credit on the Account, taking collection action on the Account, or for any other
legitimate purposes associated with the Account. Upon your request, you will be informed of whether or not a
consumer credit report was ordered, and if it was, you will be given the name and address of the consumer
reporting agency that furnished the report.
New York Residents: New York residents may contact the New York State Department of Financial Services
by telephone at 1-800-342-3736 or visit its website (www.dfs.ny.gov/consumer/creditdebt.htm for free
information on comparative credit card rates, fees.
Vermont Residents: By signing below you consent to KeyBank obtaining and verifying information about you
(which may include a consumer credit report) that we deem necessary in evaluating your loan application,
including information about your employment, banking, and credit relationships. If your application is approved
and the loan is made, you also authorize us to obtain additional credit reports or other information about you in
connection with reviewing the account, increasing the credit line on the account, for the purpose of taking
collection action on the account, or for other legitimate purposes associated with the account.
Utah Residents: As required by Utah law, you are hereby notified that a negative credit report reflecting on
your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit
obligations.
Key2More Rewards Mastercard R Credit Card
As of June 12, 2017
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases
00.00 % Introductory APR for the first 6
monthly billing cycles. After that, your APR will be
13.74 % to 22.74 % based on your
creditworthiness. This APR will vary with the market
based on Prime Rate.
APR for Cash Advances
24.74 %. This APR will vary with the market based
on Prime Rate.
APR for Balance Transfers
00.00 % Introductory APR for the first 6 monthly
billing cycles following account opening when
balance is transferred within the first 60 days
following account opening. After that, your APR will
be 13.74 % to 22.74 % based on your
creditworthiness. This APR will vary with the market
based on Prime Rate.
Paying Interest
Your payment due date is at least 25 days after the
close of each billing cycle. We will not charge you
any interest on purchases if you pay your entire
balance by the due date of each month. We will
begin charging interest on cash advances,
convenience check advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no
less than $00.50
For Credit Card Tips from the Consumer Financial
To learn more about factors to consider when
Protection Bureau
applying for or using a credit card, visit the website
of the Consumer Financial Protection Bureau
http://www.consumerfinance.gov/learnmore
Fees
Annual Fee
None
Transaction Fees:
Balance Transfer Fee
Either $10.00 or 4% of the amount of each
transaction, whichever is greater.
Cash Advance Fee
Either $10.00 or 4% of the amount of each
transaction, whichever is greater.
Convenience Check Advance Fee
Either $10.00 or 4% of the amount of each
transaction, whichever is greater.
Cash Equivalent Fee
Either $10.00 or 4% of the amount of each
transaction, whichever is greater.
Overdraft Protection Transfer Fee
$10.00
Foreign Transaction Fee
3% of the amount of each foreign transaction after
its conversion into U.S. dollars
Penalty Fees:
Late Payment Fee
Up to $37.00
How We Calculate Your Balance: We use a method called the average daily balance method (including new
purchases).
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided
in your Cardmember Agreement.
Loss of Introductory APR: If you make a late payment, we may end offering you a lower introductory APR
and begin charging you the higher APR (for both Purchases and Balance Transfers) that is specified in the
table above and scheduled to take effect after the introductory APR is no longer effective.
KeyBank Rewards Program Terms and Conditions
These terms and conditions (the "Program Rules") are provided by KeyBank National Association ("KeyBank") to govern the use of
the KeyBank Rewards Program (the "Program"). Services provided by the KeyBank Rewards Program are additionally governed by
any other separate agreement(s) Customer may have with KeyBank, and any amendments or changes made to these Program Rules.
By enrolling in the Program, Customer agrees to be bound by these Program Rules. From time to time we may change the Program
Rules. 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
responsibility to review the Program Rules to be aware of any changes. Your continued participation or failure to terminate your
participation in the Program will evidence your acceptance of the changes and your agreement to be bound by them.
"Customer," "you" or "your" shall mean the person, persons or entities in whose name the Rewards Account is carried on the books of
KeyBank and shall include the masculine and feminine genders and the plural as well as the singular wherever the context so permits.
"Us," "our" and "we" shall mean collectively KeyBank and all of its affiliates and subsidiaries. "Consumer" means an individual non-
business Customer and a "Business" means a business Customer. Notices and other communications to a Business Customer will be
made to the Business.
I. Reward Programs
Under the Program, you may earn and use points ("Rewards Point(s)") to obtain a variety of rewards ("Rewards") including
merchandise, gift cards, travel rewards, cash back and domestic U.S. air travel rewards as full payment for goods or services available
through us. You may earn Rewards Points as set forth in Section III below.
Until April 2015 KeyBank maintained two rewards programs, the "Basic Rewards Program", and an enhanced rewards program with
additional ways to earn points known as the KeyBank Relationship Rewards Program ("Relationship Rewards Program" or
"Relationship Rewards"). As of April 2015, the Basic Rewards Program was terminated and all enrolled Customers are now
Customers of the Relationship Rewards Program. The Program Rules will govern the Program, as may be amended from time to time.
If you are enrolled in the Program, you will have a rewards account ("Rewards Account") as further described in Section IV.1
II. Enrollment & Access to Rewards Account.
1. Generally. To receive benefits under the Program, enrollment of one or more Eligible Products is necessary. Any Signer on an
Eligible Product may enroll such Product into the Program, and once an Eligible Product is enrolled, then all other Signers of such
enrolled Eligible Product will automatically be enrolled into the Program. Annual Fees are assessed based upon the Eligible Product(s)
which is/are enrolled and the type of Program chosen. The ability to earn points varies upon the Eligible Products which are enrolled in
the Program all as further detailed below in Section III entitled Earning Points.
2. Enrollment. Enrollment enables Rewards Points to begin accruing relative to an Enrolled Product and/or an Enrolled Signer.
a. Eligible Checking Accounts. To enroll, any Signer on an Eligible Checking Account may call Key's Customer Service (1-
800-KEY2YOU or 1-888KEY4BIZ), log into Key's Online Banking (if such Signer is enrolled in Online Banking), or visit a
KeyBank branch. KeyBank will process your enrollment request as to the Eligible Checking Account and thereafter enroll all
Signers of such Eligible Checking Account. An Eligible Checking Account that has been enrolled in the Program will be referred
to in this Agreement as an "Enrolled Checking Account."
b. Eligible Credit Card Accounts. All Signers on a credit card issued by KeyBank on or after May 24, 2013, and bearing a
plastic number with the first 6 digits of 524924, 519945, 552356, or 519731, (herein an "Eligible Credit Card"), are
automatically enrolled in the Relationship Rewards Program and the Eligible Credit Card is also automatically enrolled. From
time to time KeyBank may determine that other credit card accounts, which it has acquired or which it may hereafter acquire,
are eligible to join the Program, subject to additional terms and conditions.
C. Conversion Credit Card Accounts. Key has converted, and will from time to time convert various credit card portfolios to
KeyBank's Relationship Rewards Program all as set forth in Section II of Schedule II.2 (herein the "Conversion Accounts").
All Conversion Accounts will both be a subset of Eligible Credit Cards and unless specifically designated otherwise, will have
the same terms and conditions of all other Eligible Credit Cards.
3. Access. You may access your Rewards Account by the following methods, subject to the limitations set forth below.
a. Electronic access. You must be enrolled in Key's electronic online banking which is known as Online Banking for consumer
customer access and Key Business Online for business customers. For information on how to access KeyBank's Online Banking or
Key Business Online website, and enroll if you are not yet enrolled, please visit www.key.com. Once you have entered Key's Online
Banking website or Key Business Online, you can click on the rewards link to access your Rewards Account which will take you to
KeyBank's rewards website (herein referred to as the "Rewards Website"). The only way to electronically access the Rewards
Website is through Online Banking or Key Business Online websites.
b. Telephone access You may call 1-888-333-7780 to access the KeyBank Rewards Center ("herein the "KeyBank Rewards
Center") to redeem Rewards Points. Representatives are available Monday through Friday, 7 a.m. to 9 p.m. EST and Saturday
through Sunday, 9 a.m. to 6 p.m. EST.
C. Limitations.
i. For certain Conversion Accounts, until your Credit Account has been issued new Credit Cards with multi-card functionality,
only the Primary Signer on the Credit card will have the ability to access the Rewards Website electronically and all other
Signers of such Credit Card Account will need to access the Rewards Website through telephonic access. Once your Credit
Card Account has been provided multi-card functionality, all Signers will be able to access the Rewards Website through
electronic access.
ii. For all Business Credit Card Accounts that use Key Business Online to access their Credit Card Account, only the Primary
Signer, and if applicable the administrator designated pursuant to section 11.5(b)(ii) above, will be able to sign into the
Rewards Website.
4. Eligible Products. A product eligible for enrollment in the Program is a checking account or a credit card account listed in Table 1 of
this Section II (referred to singularly as an Eligible Checking Account or an Eligible Credit Card Account or an "Eligible Product" or
collectively as "Eligible Products"), except that a checking account listed in Table 1 will not be considered an Eligible Checking Account if
such account is opened as an agency account, custodial account, estate account, or guardianship account. Eligible Products may
become ineligible as set forth in Section VI below. Debit cards are no longer eligible for enrollment on a stand alone basis; rather, usage
of a debit card that accesses an Enrolled Checking Account (herein a "Debit Card") is permitted to earn points as set forth in Section
III.
5. Signers and Primary Signers. A "Signer" always refers to an individual and not to an entity, organization, trust or other business.
Signers for Eligible Checking Accounts and Eligible Credit Card Accounts are further defined as follows:
a. Signer on an Eligible Checking Account. A signer is an individual who signs a signature card (i) in his or her own
individual capacity, or (ii) on behalf of an entity, organization or trust. Additionally, a signer may be a person designated on
KeyBank's systems, books or records as being a signer. The owner of an account may be different than the actual signers. A
signer includes sole owners, co-owners, powers of attorney, authorized minor users and trustees. An authorized user of a
Debit Card who has not signed the signature card, is not a Signer for the purposes of this Agreement or the Program.
b. Signer on an Eligible Credit Card Account. A signer is an individual who is obligated to repay the outstanding amount
under an Eligible Credit Card. A signer includes a borrower, co-borrower or guarantor of the Eligible Credit Card. Additionally,
if the Eligible Credit Card is a business credit card for which the business is the obligor, then signer shall also include (i) the
individual who is the legal representative of the business who applied for the business to receive the Eligible Credit Card and/or
(ii) an administrative person the Business has designated to manage the Rewards Account including viewing and redeeming
Points earned by the business. Additionally, a signer may be a person designated on KeyBank's systems, books or records as
being a signer. An authorized user of an Eligible Credit Card who is not a signer as defined in this subsection is not a Signer
for the purposes of this Agreement or the Program.
C.
Primary Signer. The "Primary Signer" is the Signer whose name appears first on our records for the Eligible Checking
Account. For an October 2013 Conversion Account, an October 2014 Conversion Account or an October 2016 Conversion
Account, the Primary Signer will be the borrower, and all co-borrowers and/or guarantors will be considered other Signers.
6. Annual Fee. The annual membership fee will depend on the type of Eligible Product you have enrolled and the Rewards Program
you are enrolled in as set forth in the chart below. There is no annual membership fee if you are enrolling in the Program solely by virtue
of being a signer on an Eligible Credit Card; however, should you wish to also enroll an Eligible Checking Account to be eligible to earn
additional points pursuant to the Program's terms and conditions, you will need to pay the associated annual fee for the Eligible
Checking Account. The annual membership fee is charged on an Eligible Product basis and not on a Signer basis. Therefore,
regardless of the numbers of Signers on an Eligible Product, only one annual membership fee will be charged to a particular Eligible
Checking Account. If you enroll more than one Eligible Checking Account in the Program, you will be charged the corresponding annual
membership fee for each Eligible Checking Account enrolled.
a) This membership fee is subject to change without notice.
b) If a Program annual membership fee applies, you authorize KeyBank to charge this fee automatically to your Enrolled
Checking Account on the first Checking Account statement cycle date after enrollment and then annually thereafter on the
statement that includes the anniversary date of enrollment unless you notify KeyBank of cancellation of participation in the
Program at least 60 days prior to the enrollment anniversary. This annual membership fee is non-refundable.
Table 1: Eligible Accounts and Related Annual Fees
Relationship Rewards
Account Type - Non-Business
Annual Fee
Key Privilege Select Checking
Fee waived
Key Privilege Checking
Fee waived
Sweep Checking
Fee waived
Key Private Bank Personal Checking
Fee waived
Key Private Bank Money Market Checking
Fee waived
Key Advantage Checking
$30
Key Coverage Checking
$40
Key Express Checking
$40*
Key Student Checking
$40*
KeyBank Hassle-Free Account
$40*
Other Non-Business Checking Accounts Not Listed
$40*
Any Credit Card listed in Section I.A. of Schedule II.2
Fee waived
Conversion Accounts
Fee waived
Account Type - Business
Relationship Rewards
Annual Fee
Key Business Rewards Checking
Fee waived
KeyBank Basic Business Checking
$40*
KeyBank Business Interest Checking
$40*
Other Business Checking Accounts Not Listed
$40*
Any Credit Card listed in Section I.B. of Schedule II.2
Fee Waived
Conversion Accounts
Fee waived
*For Customers who were enrolled in Basic Rewards Program, the fee will remain $30 until on or after April 1, 2016, then the fee will be
$40 per year. The change in annual fee will be assessed based on the Rewards anniversary date.
III. Earning Points.
1. Generally. If you are in the Program and have an Enrolled Checking Account (defined in Section II), you may earn points for certain
transactions or bonus activities outlined below and for opening new Relationship Products (defined below) and/or increasing the balance
of certain of the Relationship Products as specified below. If you have an enrolled Eligible Credit Card Account, but do not have an
enrolled Eligible Checking Account, then you may earn points for certain transactions and bonus activities outlined in the Guide (defined
below), but you will be limited in your ability to earn points for opening new Relationship Products. Transactions of authorized users of
both Debit Cards and Eligible Credit Cards may earn Rewards Points; however, such an authorized user will not be able to view or
redeem Rewards Points as set forth in Section IV.
2. Guide. KeyBank publishes guides to set forth qualification criteria for earning Rewards Points for particular transactions and events.
The KeyBank Relationship Rewards Points Guide includes information concerning Activity and Bonus Points, Relationship Rewards
Product Points and general Rewards Points, applicability to Enrolled Checking Accounts and enrolled Eligible Credit Cards, and further
qualification and earn rates as specified therein (hereinafter referred to as the "Guide"). The Guide is specifically incorporated into and
made a part of the Program Rules and may be modified by KeyBank at any time. The Guide is available at www.key.com under the
rewards tab. KeyBank reserves the right, in its sole discretion to determine (1) whether any product or service is a Relationship Product
eligible to earn Rewards Points, (2) whether any transaction, product or service is eligible to earn Activity and Bonus Points (defined
below), and (3) whether to provide any product or service to any person or Customer. Important additional information regarding
Activity and Bonus Event types, qualifications, and amount of points earned, is contained in the Guide. Different Activity and Bonus
Events may apply for Consumer and Business Customers, and for Customers in KeyBank's Private Bank. Activity and Bonus Points may
be earned for single transactions and for recurring activity, and are subject to monthly caps. Please refer to the Guide for details.
3. Net Purchases. The term Net Purchases is defined as the dollar value of goods and services purchased with a Debit Card or Eligible
Credit Card after the enrollment date, minus (a) any credits, returns or other adjustments as reflected on the monthly statements, (b)
the value of all Excluded Transactions, and (c) all annual membership fees, late payment fees, over-limit fees, insurance charges, card-
related service charges, finance charges, fees and/or unauthorized charges.
4. Activity and Bonus Points with Enrolled Checking Account. If you are enrolled in the Relationship Rewards Program, in
addition to earning points by use of your Debit Card, you may earn Rewards Points when you perform certain activities associated with
your Enrolled Checking Account and upon the occurrence of certain events ("Activity and Bonus Events"). These Rewards Points
will be known as "Activity and Bonus Points." Important additional information, including without limitation, qualification requirements,
point amounts and monthly point caps for Activity and Bonus Points are contained in the Guide. Subject to inclusion in the Guide, Activity
and Bonus Events may include the activities enumerated below dependent upon whether the Enrolled Checking Account associated with
the particular activity is consumer or business in nature.
Consumer Enrolled Account
Business Enrolled Account
Use of online statements
Use of online statements
Debit card transactions
Debit card transactions
Automated debit or credit transactions
Automated debit or credit transactions
Online bill payments
Online bill payments
ATM deposits
N/A
Birthday Bonus
N/A
Mobile Deposit
N/A
A Birthday Bonus is an award of Rewards Points associated with your Enrolled Checking Account on the birthday of the Primary Signer
on the Eligible Checking Account.
5. "Relationship Product" and Relationship Rewards Product Points for Consumer Customers with Enrolled Checking
Account. Product Point(s) with respect to a Consumer are Rewards Points which are awarded as set forth below for expanding the
Consumer Relationship with KeyBank by opening or establishing a new eligible product or service, such eligible products or services may
include the products or services set forth below, but will be limited to the actual products or services set forth in the Guide, and Product
Point awards will be subject to all requirements set forth in the Guide, including, but not limited to qualification criteria, point amounts,
annual point caps and other relevant information contained in the guide which may change from time to time as set forth in Section III.2
above:
"Relationship Product(s)" to Expand a Consumer Enrolled Checking Account Relationship
Savings Accounts (Key Gold Money Market Savings® Account and Key Silver Money Market Savings® Account)
Personal Certificates of Deposit
Loans for Autos, Boats, Recreational Vehicles and Motorcycles
Personal Secured and Unsecured Loans (includes home improvement and other collateral secured installment loans)
Home Equity Lines of Credit and Loans
Preferred Credit Line
Mortgages
Regardless of who opens the Relationship Product, Product Point(s) with respect to Consumer Enrolled Checking Accounts will be
awarded to each Consumer Enrolled Checking Account which has a Signer in common with said Relationship Product, provided
however that the number of awards shall never exceed the lesser of (i) the number of Consumer Enrolled Checking Accounts, or (ii) the
number of Signers on said Relationship Product. Product Point awards will be made with respect to Enrolled Checking Accounts bearing
the lowest sequential account number to highest until the maximum number of awards is reached. Additionally, from time to time
through special offers from KeyBank, Relationship Rewards Product Points may be awarded for increasing the balance in your savings
account or Certificate of Deposit or for renewing your Certificate of Deposit. Only products or services opened or established after your
enrollment in the Relationship Rewards Program qualify for Relationship Rewards Product Points. Relationship Products may differ for
Consumer and Private Bank Customers. Please refer to the Guide for details.
6. "Relationship Product" and Relationship Reward Product Points for Business Customers with Enrolled Checking
Account. Product Point(s) with respect to a Business are Rewards Points which are awarded as set forth below for expanding the
Business Relationship with KeyBank by opening or establishing new eligible business products or services, which may include the
products or services set forth below, but will be limited to the actual products or services set forth in the Guide, and Product Point
awards will be subject to all requirements set forth in the Guide, including, but not limited to qualification criteria, point amounts, annual
point caps and other relevant information contained in the Guide which may change from time to time as set forth in Section III.2 above.
"Relationship Product(s)" to expand a Business Enrolled Checking Account Relationship
Savings Accounts (Key Business Gold Money Market Savings® and Key Business Silver Money Market Savings® Account)
Business and Small Business Certificates of Deposit
Key Equipment Finance Loan/Lease (excluding Competitive Equality Banking Act of 1987 (CEBA) Leases)
Commercial Term Loan
Commercial Lines of Credit
Small Business Line of Credit
Key Merchant Services
Regardless of who opens the business Relationship Product, Product Point(s) with respect to a Business Enrolled Checking Account will
be awarded to each Business Enrolled Checking Account which has a Signer in common with said Relationship Product, provided
however, that the number of Product Point awards shall never exceed the lesser of (i) the number of Business Enrolled Checking
Accounts, or (ii) the number of Signers on said Relationship Product. Product Point awards will be made with respect to Enrolled
Checking Accounts bearing the lowest sequential account number to highest until the maximum number of awards is reached.
Additionally, from time to time through special offers from KeyBank, Relationship Rewards Product Points may be awarded for
increasing the balance in your savings account or Certificate of Deposit or for renewing your Certificate of Deposit. Only products or
services opened or established after your enrollment in the Relationship Rewards Program qualify for Relationship Rewards Product
Points.
7. Points for Enrolled Credit Card Accounts. KeyBank offers varying levels of Rewards Points depending upon your credit card
type. Subject to the terms of the Guide, Rewards Points will be awarded for the amount of credit card transaction activity, including
bonuses for recurring payments and choosing online statement delivery. Additionally, to reward customers who also have an Eligible
Checking Account with KeyBank (regardless of enrollment status), when you open an Eligible Credit Card, KeyBank will provide
Rewards Points to a Signer on an Eligible Credit Card as long as the qualification criteria in the Guide are met.
8. Bonus Offers and Incentives. From time to time KeyBank may provide offers to Signers to (i) earn additional Rewards Points for
shopping at a particular retailer, or (ii) use Rewards Points to purchase a particular retailer's gift card at a discounted amount (herein
collectively referred to as the "Bonus Offer(s)"). These Bonus Offers may be presented to Signers by KeyBank through various venues,
including without limitation, through KeyBank's Online Banking site, KeyBank's Rewards Website, or e-mail. Signers will be able to turn
off viewing of these offers in Online Banking and the Rewards website by following the instructions set forth on the website. Additionally,
Signers will be able to unsubscribe from the Bonus Offer e-mails by following the unsubscribe directions in any such Bonus Offer e-mails.
Once a Signer has accepted a Bonus Offer to earn Rewards Points by shopping at a particular retailer, then the transactions of any
Signer or Authorized User of the account for which the Bonus Offer was accepted will be used to determine whether the criteria have
been met to earn the additional Rewards Points set forth in the Bonus Offer. Authorized Users will not be presented Bonus Offers.
9. Excluded Transactions. Excluded Transactions will not be included in the Reward Point calculation. The term Excluded
Transactions is defined as and includes: ATM cash disbursements, manual financial institution cash advances, KeyBank's Cash Reserve
Credit transactions, person-to-person money transfers, a quasi cash transaction including the purchase of traveler's checks, foreign
currency, money orders or convenience checks, truck stop transactions (any transactions at a truck stop other than an ATM at fuel
desks, weigh stations, public scales, or ports of entry), gaming transactions, tax payments, balance transfers, annual membership fees,
point-of-sale cash back transactions greater than the purchase amount, returned checks, and any credit, return or other adjustment to
your Enrolled Checking Account and/or Credit Card Account. If you are enrolled in the Relationship Rewards Program, the term
"Excluded Transactions" as defined above will apply to the Reward Point calculation for transactions made using your Eligible Credit
Card (if applicable) and your Debit Card if your Eligible Checking Account is enrolled.
IV. Rewards Account and Point Redemption
1. Rewards Account Generally. Each enrolled Eligible Product will have an associated internal rewards account established by
KeyBank to track the Rewards Points earned under the Program. If you are a Signer and are enrolled in the Program, you will have
a
rewards account ("Rewards Account"), which you may access after you have registered (as set forth in Section II above). Your
Rewards Account number will appear on your statement and will be available online and elsewhere as determined by KeyBank from
time to time. Your Rewards Account will allow you to view the available point balance relating to any Enrolled Checking Account or
Eligible Credit Card for which you are a Signer. The available point balance is an aggregation of Rewards Points available to any Signer,
subject to certain exceptions, on an enrolled Eligible Product for activities and behaviors engaged in by the Signers of such accounts as
set forth in Section III entitled "Earning Points". Notwithstanding the foregoing, certain Points are awarded only to the Primary Signer of
an Enrolled Checking Account, all as set forth in Section III above entitled "Earning Points". You shall have no interest in or rights to the
Rewards Account except as provided in these Program Rules, and the Rewards Account cannot be assigned or transferred by you. Any
assignment or transfer of the Rewards Account is null and void.
2. Rewards Account Mechanics. Your Rewards Account will allow you to view all of the Rewards Points which have been awarded
relative to any Enrolled Checking Account and/or Eligible Credit Card, for which you are a Signer. You will be able to redeem any and all
Rewards Points viewable in your Rewards Account. An authorized user of a Debit Card or an Eligible Credit Card will not be able to
view or redeem Rewards Points. However, activity of other Signers, who also may view and redeem from a common available point
balance for which you both are Signers, may reduce the availability of Rewards Points in your Rewards Account. All Signers on an
enrolled Eligible Product will be able to view and redeem all Rewards Points earned for the enrolled Eligible Products. With respect to
Enrolled Checking Accounts, any Signer will be able to view and redeem all Rewards Points earned for the Enrolled Checking Account,
both for Bonus and Activity Points and Relationship Rewards Points. For example, if a Signer on a joint Enrolled Checking Account
opens a Relationship Product in his or her own name only, Relationship Rewards Points would appear in the available points balance of
the Enrolled Checking Account and could be viewed and redeemed by any and all Signers on the Enrolled Checking Account.
Relationship Rewards Points for any Relationship Product opened by a Business or by any Signer on a Business Enrolled Checking
Account will be displayed in the available point balance relating to the Business Enrolled Checking Account and could be viewed and
redeemed by any and all Signers on the Business Enrolled Checking Account.
3. Redemption. Rewards Points must be redeemed by a Signer on an Eligible Product that is enrolled in the Program. Except as
specified in II.3 above, to redeem Rewards Points for rewards, log into KeyBank's Rewards Website, or contact the KeyBank Rewards
Center.
4. Reservation of Rights. KeyBank reserves the right, in its sole discretion, to change how Rewards Points are earned and allocated
at any time.
5. Contacting Key. As set forth in Section II.3 above, your available Rewards Points balance is available at KeyBank's Rewards
Website, on KeyBank's Online Banking or Key Business Online, as applicable, or by calling the KeyBank Rewards Center. Additionally,
the Rewards Points balance for the Eligible Credit Card is available on the credit card billing statement; the Rewards Points balance for
the Enrolled Checking Account is available on the checking account statement as well as on branch receipts. Important information
regarding the Relationship Rewards Program ("KeyBank Rewards Information") can be found at www.key.com/rewards
6. Redemption Allocation and Expiration. If unused, the Rewards Points carry a 4-year expiration limitation based on the date the
Rewards Points were earned, and upon expiration all unused Rewards Points shall be forfeited immediately. Rewards Points redeemed
and/or expired, if applicable, will be based on a first-in, first-out process. For October 2013 Conversion Accounts and October 2014
Conversion Accounts, converted Rewards Points will retain the same expiration date as they had under your previous rewards program.
For October 2016 Conversion Accounts, converted Rewards Points will receive a four year expiration period for such Rewards Points
commencing as of October 10, 2016. Notwithstanding the foregoing, Rewards Points earned with any of the following Eligible Credit
Cards will not expire: Key Private Bank Mastercard Credit Card, Key Private Bank World Elite Mastercard Credit Card and KeyBank
Select World Mastercard.
7. Transferability. Rewards Points earned are not transferable except as used in accordance with these Program Rules, have no cash
value and cannot under any circumstances be used as payment for any Customer account balance or any other liability or obligation you
have to KeyBank.
8. No Partial Awards. No partial awards will be issued upon redemption of Rewards Points.
9. Value. Rewards Points and rewards have no value, are not refundable or exchangeable and cannot be used except in accordance
with these Program Rules and applicable terms and conditions of rewards suppliers.
10. Availability. Rewards Points are available after transactions are posted and based on the specifications set forth in the Guide.
V. Transfer
Customers enrolled in Relationship Rewards can transfer all or part of their Rewards Points balance in their Relationship Rewards
Account to another Relationship Rewards Account at KeyBank ("Points Transfer"). In order to transfer Rewards Points, a Customer
must call the KeyBank Rewards Center as set forth in Section ll.3.b above. A Customer must know the recipient's Relationship Rewards
Account number in order to complete the transfer. If there is more than one Customer associated with a Relationship Rewards Account,
each Customer may only transfer Rewards Points that were earned by such Customer. Only Customers with Relationship Rewards
Accounts in good standing (as determined by KeyBank in its sole discretion) can participate in Points Transfers, either as a transferor or
transferee. Transferred points retain the expiration date assigned at the time the transferred points were originally earned, not the date
of transfer. All transfers are final. If Rewards Points subject to 1099 reporting are transferred, the 1099 reporting and associated tax
liability remains with the Customer who earned the points.
VI. General Program Details
1. Continuing Eligibility. Eligibility is limited to KeyBank's Customers, whose enrolled Eligible Products are in good standing. You will
only earn Rewards Points as long as KeyBank, in its sole discretion, determines that your enrolled Eligible Products are acceptable to
KeyBank and are eligible for participation in the Program. An ineligible Checking Account and/or Credit Card Account includes, without
limitation, an account that is frozen, restricted, closed, terminated, cancelled, expired, inactive, dormant, has a legal status, or an account
that is subject to litigation or any adverse (or conflicting) claim of any third party.
2. Cancellation and Discontinuation. If you voluntarily cancel enrollment in the Program or if KeyBank cancels the enrollment due to
the account not being eligible, all unused accrued Rewards Points and rewards shall be forfeited immediately. If you are terminated as a
Signer on an enrolled Eligible Product for any reason, whether due to your own action, action by KeyBank, or death, Activity and Bonus
Points and Relationship Rewards Points earned by you prior to termination will remain in the available point balance and will be available
for use by the Signers of the Eligible Product in connection with which the Points were earned. You may discontinue your participation in
the Program at anytime without notice. KeyBank's cancellation, change or suspension of the Program may result in the forfeiture of
earned points and a change in the redemption of any outstanding rewards.
3. Reservation of Rights. The Program and benefits are offered at the sole discretion of KeyBank. KeyBank reserves the right to
cancel, change or temporarily suspend the Program at any time without notice, including without limitation, to (a) terminate any
Customer's or Signer's membership in the Program for any reason; (b) reduce or eliminate all Rewards Points earned (but not yet
credited to your Rewards Account); (c) add to or modify the terms and conditions of these Program Rules, including, as to the
Relationship Rewards Program and the Guides, additions or modifications to the number of Rewards Points earned for any activity,
deletions or modifications to activities that earn Rewards Points, or modifications to qualifications for Activity and Bonus Events or
Relationship Products; (d) discontinue KeyBank's participation in the Program; (e) terminate or modify its Program; (f) modify the
formula to calculate Rewards Points earnings; and (g) in the event of any fraud or abuse of the Program privileges or violation of the
Program Rules (including any attempt to sell, exchange or otherwise transfer Rewards Points or any instrument exchangeable for the
Program). In regard to the Relationship Rewards Program, KeyBank reserves the right, in its sole discretion, to determine whether any
transaction, product or service is eligible to earn Rewards Points, and whether to allow any person or Customer to undertake any
transaction or to receive any product or service.
4. Governing Law. These Program Rules and Program are governed by the laws of the State of Ohio, without regard to its conflicts of
law principles. The Program is void where prohibited by federal, state or local law.
5. Availability Limitations. Airline tickets, travel rewards packages, merchandise rewards, travel vouchers, gift certificates/gift cards
and other rewards are subject to availability and certain restrictions and fulfillment fees apply.
6. Signer Disputes. KeyBank is not responsible for, and has no duty, obligation or liability regarding any disputes between joint Signers
of an Eligible Product (or authorized users of a Debit Card or Credit Card) relating to Rewards Points ownership, accessibility and/or
redemption rights under the Program.
7. Liability. Every effort has been made to ensure that the information provided is accurate. KeyBank is not responsible for errors or
omissions.
8. Taxes. When you redeem Rewards Points for a reward, you and the merchant are responsible for compliance with all laws related to
the reward, including the payment and collection of any federal, state, and local taxes.
9. 1099-INT Reporting. The fair market value of points earned for opening a savings account or a Certificate of Deposit, for increasing
the balance in your savings account or Certificate of Deposit or renewing your Certificate of Deposit along with interest earned on your
Savings account or Certificate of Deposit (further described in Section III above) will be reported to the IRS on Form 1099-INT. The
1099-INT is issued for the Savings Account or the Certificate of Deposit since the award of Rewards Points is for opening or increasing
the balance of such account and such an award is considered to be interest earnings. The issuance of the 1099-INT for the Savings
Account or Certificate of Deposit occurs even though the Rewards Points will be added to the available point balance for the Enrolled
Checking Account.
10. Travel Taxes and Fees. You are responsible for payment of any passenger facility charges, air segment taxes, departure taxes,
customs fees, baggage charges, security taxes or any other charges assessed by governmental entities or airline company as a result of
travel under the Program, as well as any shipping, courier, fulfillment or certificate fees associated with the Program.
11. Correspondence/Mailing. KeyBank shall not be responsible for any correspondence by you that is lost or delayed in the mail. All
travel tickets, travel packages, merchandise and other rewards will be sent to your address on file at KeyBank or otherwise in
accordance with your instructions. Merchandise shipments cannot be made to a post office box.
12. Finality. All questions regarding accrual of rewards or the fulfillment of rewards shall be resolved by KeyBank, and its decision will
be final. All questions or disputes regarding use of gift certificates/gift cards shall be resolved by the supplier or issuer of the gift
certificate/gift card by contacting customer service department disclosed with the certificate/card.
13. Release. Should KeyBank decide to terminate the Program, and the acceptance and use of the Program, Customer
hereby releases, discharges, and holds harmless KeyBank, Mastercard International Incorporated, doing business as
Mastercard Worldwide, and its affiliates and subsidiaries, (collectively, called "Mastercard"), and their respective
subsidiaries, affiliates, employees, officers, directors, successors and assigns from all claims, damages or liability
including but not limited to physical injury or death, arising out of participation in the Program.
14. Limitation of Liability. Neither KeyBank, Mastercard nor any other entity associated with the Program shall have any liability
arising from, or related to, such rewards of the Program, except as expressly stated herein. If you are denied a benefit of the Program
to
which you are entitled, liability of KeyBank and Mastercard shall be limited to your earned portion of the benefit. In no event shall
KeyBank or Mastercard be liable to you for any indirect, incidental, consequential, special or punitive damages arising from this Program
or performance of any obligations hereunder, or any other action or omission by it, even if such party is informed or is otherwise aware
or should be aware of the possibility or likelihood of such damages. KeyBank makes no warranty and hereby disclaims any and all
representations or warranties, express or implied, regarding any subject matter contemplated by these Program Rules, including any
implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from the course of dealing or course
of performance.
15. Third Parties. Suppliers of goods and services are independent contractors and are neither agents nor employees of KeyBank,
Mastercard, or any of their affiliates; or any group, organization, or entity endorsing a credit or debit card program by us. We neither
offer, endorse, nor guarantee any of the goods, services, information, or recommendations provided by third parties to you in
connection with the Program.
16. Intellectual Property. The KeyBank name, Key mark design and logo are registered trademarks of KeyCorp, an Ohio corporation.
Mastercard and World Mastercard are registered trademarks of Mastercard International Incorporated and are used by us pursuant to
a license. All other company, product, and service names may be trademarks or service marks of others and their use does not imply
endorsement or an association with this Program.
VII. Airline, Hotel, Car Rental & Travel Packages
1. You may redeem Rewards Points for travel related items such as airline tickets, hotel stays, car rentals and travel packages (herein
"Travel Rewards"). In order to redeem Rewards Points for Travel Rewards, you must use the Travel Tool (the "Travel Tool") which is
accessed by selecting the Travel Tool icon with KeyBank Relationship Rewards Program available at the KeyBank Rewards website or
by calling 1-888-333-7780. The Travel Tool has additional specific terms and conditions relating to the booking and use of Travel
Rewards, which terms of use must be reviewed and accepted prior to each redemption of a Travel Reward. As the Travel Tool
terms of use (also known as terms and conditions) may change more frequently than these KeyBank Rewards Program Terms and
Conditions, you will be required to acknowledge your review and acceptance of the Travel Tool terms and conditions before completing
a redemption of a Travel Reward. When you make a reservation using the Travel Tool, you will be subject to the rules of each company,
agent or other entity supplying a Travel Reward (herein a "Supplier"). Each Supplier sets its own rules as to booking, cancellations,
changes and refunds, including any fees relating to same. Supplier fees (such as for booking cancellation, changes or refunds) may be
required to be paid via credit card, debit card or other another payment medium selected by Supplier. You must carefully read the rules
of each Supplier before booking as certain Suppliers may not permit cancellations, changes or refunds. Refunds, if permitted by the
Supplier, may take up to 90 days to process and are subject to the policies of the individual Supplier. All refund requests must be
submitted in accordance with the rules of the Supplier, and in any case no later than 30 days after the scheduled departure date and
any negotiable documents (i.e. airline tickets, redeemable certificates or vouchers, etc.) issued must be returned to the Supplier prior to
processing any refund. If Supplier permits a full or partial refund, such refund will be made by crediting your Reward Account with the
applicable amount of Reward Points determined by Supplier. If you are no longer a member of the Program, the Rewards Points will be
forfeit. Additionally, any redemption of a Travel Reward is also governed by these general KeyBank Rewards Program Terms and
Conditions. In the event of a conflict, the Travel Tool terms and conditions will control the governance of a transaction involving Travel
Rewards.
2. Prohibited Use. As a condition of your use of the Travel Tool and/or KeyBank's Rewards Website, you warrant that you will not use
the Travel Tool or KeyBank's Rewards Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
3. KeyBank is not responsible for products or services offered by other companies.
VIII. Merchandise
1. KeyBank may make substitutions of equal or greater value when necessary without notification.
2. Merchandise rewards include applicable sales tax, shipping and handling within the 48 contiguous United States.
3. Returns are only accepted for merchandise that is damaged, defective or shipped in error. The manufacturer's warranty applies to all
merchandise rewards offered, but KeyBank shall have no responsibility or liability in connection with this warranty. Merchandise rewards
shipments are your sole responsibility.
4. Delivery of merchandise will be made by ground delivery service-signature required or first-class mail. Please allow four to six weeks
from time of order.
5. Any additional shipping costs, including international shipping costs, will be your responsibility and will be charged to the Enrolled
Checking, unless you have no Enrolled Checking, in which case such costs will be charged to the Eligible Credit Card.
IX. Gift Certificates/Gift Cards
1. Gift certificates/gift cards have no value except when used in accordance with these Program Rules and applicable terms and
conditions of participating suppliers or card issuers.
2. Gift certificates/gift cards must be surrendered at redemption, are not refundable, exchangeable, unless required by applicable law.
Gift certificates/gift cards cannot be used against Customer's outstanding credit account balances. Gift certificates/gift cards may not be
resold.
3. KeyBank may make substitutions of equal or greater value when necessary.
4. KeyBank and participating suppliers are not responsible for replacing lost, stolen or expired gift certificates/gift cards.
5. Gift certificates/gift cards use is subject to the terms and conditions printed thereon.
6. Gift certificates/gift cards are valid only at participating suppliers through the expiration date printed on the gift certificate/gift card.
7. Delivery of gift certificate/gift card will be made by ground delivery service-signature required or first-class mail or email. Please allow
three to four weeks from time of order for direct mail.
8. Gift certificates/gift cards may not be combined with any other promotional offers from KeyBank or participating suppliers.
9 In the event the goods and services purchased are less than the face value of the gift certificate/gift card redeemed, the policy of the
supplier will determine whether credit or gift certificate/gift card value for the difference will be given.
10. Gift certificates/gift cards as rewards are void where prohibited by law.
11. Customer must notify the KeyBank Rewards center within 60 days to report non receipt of gift certificate/gift card.
12. Issuers of gift certificates/gift cards are solely responsible for compliance with any legal or regulatory requirements governing gift
certificates/gift cards.
X. Cash Back
1. You may redeem Rewards Points for cash back to be applied to your Debit Card or your Eligible Credit Card (either option being
referred to as "Cash Back"). If you choose to redeem Rewards Points for Cash Back you will need to select from the available options
on the website which Debit Card or Eligible Credit Card the Cash Back will apply to and such selection will remain in effect until changed
by you. KeyBank has sole discretion to determine which Debit Cards or Eligible Credit Cards will be available as a viable selection for the
Cash Back feature.
2. Cash Back is available only for accounts in good standing as determined by KeyBank in its sole discretion. Any Signer who has
registered is eligible to choose Cash Back as a Rewards Points redemption option, subject to the restrictions set forth in this Section X.
3. If you choose Cash Back to be applied to your Debit Card, then the Cash Back will be deposited to the Enrolled Checking Account
attached to the Debit Card. Cash Back will post to the account you selected within 1-3 business days and will appear on your monthly
checking account statement or your monthly credit card statement.
4. 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 feature.
5. You will be responsible for taxes related to Cash Back, if any.
6. You may only redeem Cash Back in increments set forth in the web site options available at the time of redemption.
Schedule II.2
To the KeyBank Relationship Rewards
Program Terms and Conditions
I. KeyBank Original Origination Credit Cards
A.
Consumer. Any Credit Card issued by KeyBank on or after May 24, 2013, and bearing a plastic number with the first 6 digits
of 524924, 519945, 552356, and bearing the name KeyBank Key2More Rewards Mastercard Credit Card, Key Private Bank
Mastercard Credit Card and KeyBank Platinum Mastercard Credit Card
B.
Business. Any Credit Card issued by KeyBank on or after May 24, 2013, and bearing a plastic number with the first 6 digits of
519731 including KeyBank Business Rewards Mastercard Credit Card
II. KeyBank Conversion Credit Cards. All of the credit card Accounts listed in this Section Il shall be deemed a Conversion Account.
A.
October 2013 Conversion Accounts Effective October 4, 2013 the following credit cards were converted from a separate
rewards program into the KeyBank Relationship Rewards Program(herein collectively referred to as the "October 2013
Conversion Accounts"):
(1) KeyBank World Mastercard with Rewards
(2) KeyBank Mastercard with Rewards
(3) Key Private Bank World Elite Mastercard
(4) Key Private Bank World Mastercard
(5) KeyBank Business Travel Rewards Mastercard
(6) KeyBank Business Rewards Mastercard bearing a plastic number with the first 6 digits of 547538
(7) KeyBank Key2More Rewards Mastercard bearing a plastic number with the first 6 digits of 548029, 552373 or 548853
B.
October 2014 Conversion Accounts Effective October, 2014 the following credit cards were converted from a separate
rewards program into the KeyBank Relationship Rewards Program(herein collectively referred to as the "October 2014
Conversion Accounts"):
(1) KeyBank Platinum Mastercard with Rewards bearing a plastic number with the first 6 digits of 521515
(2) KeyBan Select World Mastercard bearing a plastic number with the first 6 digits of 552470
(3) KeyBank Business Mastercard with Rewards bearing a plastic number with the first 6 digits of 519726 or 519727
C.
October 2016 Conversion Accounts Effective October 10, 2016, the following credit cards were converted from a
separate rewards program into the KeyBank Relationship Rewards Program (herein collectively referred to as the "October
2016 Conversion Accounts"):
(1) KeyBank World Mastercard Credit Card bearing a plastic number with the first 6 digits of 552437
(2) KeyBank Platinum Rewards Mastercard Credit Card bearing a plastic number with the first 6 digits of 532914 and 529079
(3) KeyBank Rewards Business Mastercard Credit Card bearing a plastic number with the first 6 digits of 552743
All of the credit cards listed on this Schedule II.2. will be deemed an Eligible Credit Card. Conversion Accounts will have the same terms
and conditions of all other Eligible Credit Cards under the Program unless specifically designated otherwise. The credit card names for
the Conversion Accounts are listed separately in the Points Guide.
Relationship Rewards Program Terms and Conditions - Effective October 10, 2016
(ID 1670-512)