Preferred Credit Line Agreement and Disclosure 
Date:__________________________ 

Account number: _________________________ 

DISCLOSURE 

INTEREST RATES AND INTEREST CHARGES 

Annual Percentage Rate (APR) for 
purchases and cash advances 

Paying interest 

This APR will vary with the market based on the Prime Rate. 

No grace period is provided. You will be charged interest from the transaction 
date. 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore 

FEES 

Annual Fee 

Transaction Fees 

$50.00 

Overdraft Advance Fee 

$10.00 each day an Automatic Advance is made   
(Maximum fee: $100.00 per billing cycle)  

Penalty Fees 

Late Payment Fee 

Up to $35.00 

Return Item Fee 

Up to $35.00 

How We Calculate Your Balance: We use a method called "daily balance". See your account agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your 
account agreement. 

Congratulations and Welcome to KeyBank’s Preferred Credit Line! 

This Preferred Credit Line Agreement (“Agreement”) is the contract between you and KeyBank National Association 
regarding your KeyBank Preferred Credit Line Account (“Account”). The Account is a variable rate, open-end revolving line 
of credit.  By opening your Account, you accept the terms and conditions as set forth in this Agreement and assume 
responsibility to repay all credit extended through the use of the Account as well as all charges and fees imposed on or in 
connection with the Account. 

Definitions: As used in Agreement, the words “you” and “your” mean each applicant and/or co-applicant for the Account or 
any person responsible for paying the Account; and the words “we”, “us”, “our” and “Bank” refer to KeyBank National 
Association.  

Page 1 of 13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WELCOME TO YOUR PREFERRED CREDIT LINE ACCOUNT 

1. General Information. 
Your Account can be accessed in a variety of ways as outlined in this Agreement.  Your Account may only be used for 
personal, family, or household purposes.  Your Account may not be used for illegal purposes, and it may not be used for 
internet gambling or marijuana purchases even if legal.  You are responsible for paying all amounts outstanding on your 
Account, including any fees and/or charges we impose. 

2. Joint Accounts.   
If more than one person signs this Agreement or applies for this account, you agree that (i) we can enforce our rights 
against each of you individually or against both of you together and (ii) we can send Account statements, notices and any 
other correspondence to either of you.  Additionally, 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).   

3. Credit Limit. 
An approved line of $______________________ (“Credit Limit”) is established for your Account. Your Credit Limit is the 
maximum principal amount of credit that you can have outstanding on your Account at any time. You agree not to make a 
credit request that would cause your Account balance to exceed the Credit Limit. At our sole discretion, we may choose to 
approve or deny a credit request that would cause the Account to exceed the Credit Limit. If the Account’s principal 
balance exceeds the Credit Limit at any time you shall immediately pay us the excess amount, or at our discretion we may 
include the excess amount as part of your next minimum payment amount.  We may increase or decrease the Credit Limit 
at any time, for any reason as permitted by law.  

USING YOUR ACCOUNT 

4. Advances.   
Subject to the terms of this Agreement, we will make advances of funds to you or for your benefit from time to time upon 
your request (“Advances”). Advances include purchases and credit extended to you or for your benefit by use of a Card 
(See Section 5, Under the Heading “Using your Account for Credit Card Transactions”). Advances also include any 
amounts extended as Overdraft Protection (See Section 18). You may request Advances: a) at any of our designated 
branches; b) by writing Checks, which we post to your Account as an Advance; c) using Key’s online banking platform to 
transfer funds to your KeyBank Checking account; or, if applicable, d) by using the issued KeyBank Preferred Credit Line 
Gold MasterCard ("Card"). 

5. Convenience Checks.   
We may send you Convenience Checks (“Checks”) from time-to-time for use in borrowing under this Agreement. All 
Checks you use will be treated as Advances under this Agreement unless we advise you otherwise. We are not liable to 
you for any Checks returned or delay in posting any convenience check, nor are we required to pay any such Check or 
other credit request that would cause your Credit Limit to be exceeded. You may not use the Checks to make payments on 
this Account or any other account you have with us or with any of our affiliates. You understand that Checks will not be 
returned to you. We will not certify your Convenience Check. 

INTEREST CHARGES 

6. Variable Annual Percentage Rate.  
Your Account has a variable rate and the Daily Periodic Rate, Annual Percentage Rate (“APR”) and minimum monthly 
payment can change as a result. The APR is based on the value of the Index described below. To determine the APR that 
applies to your Account we add a margin of __________% to the value of the Index. The Daily Periodic Rate and APR on 
your Account may change as frequently as daily. If the Index increases in value (assuming the unpaid balance remains the 
same), the Daily Periodic Rate, APR and minimum payment will also increase. If the Index decreases in value (assuming 
the unpaid balance remains the same), the Daily Periodic Rate, APR and minimum payment may decrease. In addition, the 
Daily Periodic Rate, APR and minimum payment will increase if a discounted APR or introductory APR on your Account 
has expired or was terminated. 

7. Initial Interest Rate Disclosure. 
 If this box is checked, the APR as of ______________ is __________%, which is a Daily Periodic Rate of 
____________________%. This rate may change daily.  

8. Discounted or Promotional Rate.  

Page 2 of 13 

 
 
 
 
 
 
 
 
 
 
 If this box is checked, the initial APR is __________%, which results in a Daily Periodic Rate of 
____________________%. The initial APR is discounted. This initial APR is based on the Index plus a margin of 
_________%. The initial APR will remain in effect through ______________________________. After that, the APR that 
will apply to your Account is the Index then in effect plus a margin of __________% which, as of ______________, is 
__________% and a Daily Periodic Rate of ____________________%. 

9. Calculating Interest. 
You agree to pay finance charges on Advances (hereinafter referred to as “interest”), from the day we post the Advance to 
your Account until the Advance is paid in full. We charge interest on your Account using the “Daily Balance” method. This 
means we take the beginning balance in your Account each day and add any new Advances. Then, we subtract any 
payments and credits, and any unpaid interest and other fees and charges. This gives us the Daily Balance. We figure the 
interest by multiplying the Daily Periodic Rate by the Daily Balance. The Daily Periodic Rate is the Annual Percentage Rate 
(“APR”) divided by the number of days in a year (365 or 366). Then we add all of the daily interest charges together to get 
the total accrued interest charged for the billing cycle. Payment in full of the “New Balance” as shown on your Account 
statement by the due date will not avoid the assessment of interest on the balances from the date shown on your monthly 
statement through the date paid.  

10. Determining the Prime Rate. 
The APR applied to an Advance will never exceed 25%, which is a Daily Periodic Rate of ____________________%. 
The index used to determine the interest charged is the “Prime Rate” as published in The Wall Street Journal “Money 
Rates” table (“Index”). The Index is published in each daily edition of the Wall Street Journal. When more than one Prime 
Rate is published in any edition, the Index will be the highest of the Prime Rates set forth. We may also change the margin 
if the Index becomes unavailable. The selection of any replacement index and margin will be done in compliance with 
applicable law. The Prime Rate Index is just a pricing index and is not necessarily the lowest rate charged by the Bank or 
any other lender. Your APR may change daily and equals the value of the Index plus a margin. 
In the event of a default on your Account, the Daily Periodic Rate and corresponding APR in effect immediately before 
such default will be the Daily Periodic Rate and APR in effect after default. 

MAKING PAYMENTS 

11. General Payment Instructions.  
You agree to pay interest on the unpaid balance on your Account at the periodic interest rates, together with fees and 
charges, and to pay the Minimum Payment Due (“Required Minimum Payment”) on your Account, in accordance with this 
Agreement. You agree to pay us such amounts in U.S. currency denominations. We will send you a monthly Account 
statement as of the Closing Date of your billing cycle. Advances, payments and adjustments made since the Closing Date 
on your previous statement will appear on your next billing statement. You may pay your entire Account balance at any 
time. Payments must be drawn on funds in the U.S.  

12. Monthly Statements and Minimum Payments. 
We will send you a monthly statement showing each Advance made, the minimum payment due and the date your 
payment is due. The minimum monthly payment will be an amount equal to 1/120th of the outstanding principal balance, 
plus interest and fees or ____________, whichever is greater.  The minimum monthly payment may also include any past 
due amounts and/or any amount outstanding under this Agreement in excess of your Credit Limit. You may pay more than 
the minimum monthly payment due but you will still need to make future minimum payments so long as any amount is 
outstanding on your Account. You can pay the balance on your Account in full at any time. If your balance is 
____________ or less, your minimum monthly payment will be the full amount due.  

13. Making Payments.  
Payments by Check.  Payments made by check that are received at the location specified on the front of the Account 
statement will be credited as of the date of receipt to the Account specified on the payment stub. You authorize us to use 
the information from your check to make a one-time electronic fund transfer from your account or to process the payment 
as a check transaction. Payments received at locations other than the address specified or payments that do not conform 
to the requirements set forth on the Account statement (e.g. missing payment stub, payment envelope other than as 
provided with your statement, multiple checks or multiple payment stubs in the same envelope) may be subject to delay in 
crediting, but shall be credited within five (5) days of receipt. 

Payments by Phone.  If you call us to make a payment to us over the phone, you authorize us to make such payment in 
accordance with your instructions.  You agree that we may either record your oral authorization during the call or send you 
notice by mail or e-mail of the authorization.    

Page 3 of 13 

 
 
 
 
 
 
 
 
Online or Mobile Payments. When you schedule a payment with us through our online banking website or our mobile site 
before the cut-off time published on our website or mobile site, we consider the payment received by us on the date that 
the payment is scheduled even though the funds associated with the payment have not yet been collected by us.  When 
you send us a check to the address specified that conforms to the requirements on your statement, and the physical check 
arrives before our cut off times, we consider it received upon arrival.  However, if you initiate a payment to us through 
another institution or third party we will not post the payment to your Account until we receive the funds associated with the 
payment.  If you send us a payment that is reversed for any reason, you may be charged a late fee.   

Cut-off Times for Payments by Mail.  Cut-off times are specified on your Account statement. Cut-off times for payments 
made by mail may differ from cut-off times for other methods of payment. Please review your Account statement for 
accurate cut-off times. Payments received by mail at the location specified on the front of your Account statement no later 
than the cut-off time will be credited as of the date of receipt to the account specified on the payment stub. Payments 
received by mail after the cut-off time will be credited the next day. Again, payments received at locations other than the 
address specified or payments that do not conform to the requirements set forth on the Account statement (e.g. missing 
payment stub, payment envelope other than as provided with your statement, multiple checks or multiple payment stubs in 
the same envelope) may be subject to delay in crediting, but shall be credited within five (5) days of receipt.  

HOW WE APPLY YOUR PAYMENTS 

14. Posting Payments to Your Account. 
As long as we receive your Minimum Payment Due by our cut-off times (as discussed in the previous section) you will not 
be charged late fees.  As long as your payment conforms to the requirements set forth on the Account statement, we will 
credit your payment on the date it is received, even though there may be delays in posting the payment to your Account.  
We will adjust any interest accrual, if applicable, to the date the payment was received. 
Depending on the payment amount and other factors, you may not be able to re-borrow the principal portion of the 
payment amount for up to 10 business days. This allows time to ensure your payment has been collected from the account 
from which it was drawn. 

15. Irregular Payments. We may accept late payments, partial payments or checks and money orders marked “payment 
in full” and by doing so, we will not lose any rights under this Agreement if such irregular payments are accepted. 

16. Application of Payments. 
Payments made in excess of the Minimum Payment. If you pay more than the Minimum Payment amount when due, 
the  excess above the required minimum payment will be applied first to balances with the highest rate of interest and then 
any remaining portion of the amount of the excess payment to other balances in descending order based on applicable 
APR. 
Payments less than or equal to the Minimum Payment. We may apply the amount of your payments less than or equal 
to your Minimum Payment and any credits to your account in any way we choose.  We generally apply these payments to 
lower APR balances first, which means you may pay more in interest.  

 USING YOUR ACCOUNT AS OVERDRAFT PROTECTION 

17. Overdraft Protection. 

 If this box is checked, you elect to use your Preferred Credit Line Account as overdraft protection on your KeyBank 
Checking Account Number _______________________________.  

If you have a deposit account with us, you may choose to link your deposit account (“the Checking Account’) to this 
Account which will then act as overdraft protection.  You may have up to three deposit accounts linked to your Account for 
overdraft protection at any one time. The person(s) who signed or accepted this Agreement, or activated this Account as 
Borrower(s) must also be identified as owner(s) of the Checking Account. 

18. Overdraft Advances. Subject to the terms of this Agreement, we will make an Overdraft Advance to you when the 
total amount of withdrawals from your Checking Account (including checks, automatic transfers, pre-authorized charges or 
other written, electronic or telephonic withdrawals, and debit card transactions) and service charges we post to your 
Checking Account exceeds the amount of funds in your Checking Account that is available for withdrawal by $5.00 or 
more. By linking your Account to your Checking Account, you request that these Advances be made and agree that the 
amount of these Advances be added to your Preferred Credit Line Account. In addition you agree that you are responsible 
for Overdraft Advances made by us to cover withdrawals from the Checking Account (including checks, automatic 
transfers, pre-authorized charges or other written, electronic or telephonic withdrawals, and debit card transactions) by any 
Page 4 of 13 

 
 
 
 
 
 
 
owner of the Checking Account who is not responsible for repayment of this Account or not a party to this Agreement. The 
amount of these Advances will be added to your Account and will be covered by this Agreement as though you had made 
the withdrawal resulting in the Overdraft Advance. 
The Overdraft Advance will equal the amount needed to cover the unpaid amount of withdrawals and service charges, but 
not to exceed the amount available to you on your Preferred Credit Line Account, except that the minimum advance is 
$50.00.  We will deposit the Overdraft Advance in your Checking Account.  We will charge an Overdraft Protection Transfer 
Fee of $10 to this Account for each linked deposit account on which an Overdraft Advance occurs. No Overdraft Advance 
will be made when the total amount of withdrawals from your Checking Account (including checks, automatic transfers, 
pre-authorized charges or other written, electronic or telephonic withdrawals, and debit card transactions) and service 
charges we post to your Checking Account exceeds the amount of funds in your Checking Account that is available for 
withdrawal by less than $5.00. 

19. Timing of Overdraft Advances.   
Automatic Advances to pay unpaid withdrawals are generally made on the day the Checking Account withdrawal is made. 
Automatic Advances to pay service charges are made on the day after service charges are posted. Consequently, if your 
Checking Account balance is not sufficient to cover these service charges, the balance shown on your Checking Account 
statement for the last day of the monthly statement period may be negative (-). 

20. Changes to Your Overdraft Protection. 
Cancelling Overdraft Protection.  You may cancel Overdraft Protection at any time by notifying us in writing at the 
address printed on your statement, or by calling us at the number on your statement.  We may cancel your Overdraft 
Protection and stop making Overdraft Advances at any time.   
Maintaining Your Checking Account.  You agree to maintain your Checking Account according to the terms and 
conditions of that deposit account, in accordance with all applicable laws and regulations, without fraud, and in such 
manner so as to not cause us to close your Checking Account. If you fail to properly maintain your Checking Account, or 
your Checking Account is closed for any reason, we may unlink your Checking Account, or close your Preferred Credit Line 
Account to future Advances and may cancel your Account as described in Section 23 of this Agreement. 

FEES 

21. Fees. 
You agree to pay the following fees which we assess against your Account: 

Annual Fee. We assess a non-refundable annual fee in the amount of _____________ for making the Account available. 
This fee will be automatically assessed to your Account in the first billing cycle after you have opened your Account and on 
the anniversary date of the Account opening each year thereafter.  (Refer to Section 36 Amendments of this Part A 
General Terms, Conditions, and Disclosures for information concerning preferred pricing.) 

Overdraft Advance Fee. We will assess an Overdraft Advance Fee each day an Automatic Advance is made to pay 
overdrafts to your KeyBank Checking Account(s).  If an Overdraft Advance is made to more than one linked deposit 
account on the same day, each transfer will incur the Overdraft Protection Transfer Fee. The Overdraft Advance Fee will 
be assessed to your Preferred Credit Line and it will be displayed on your monthly statement as an “Overdraft Advance 
Fee”. The Overdraft Advance Fee will be $10.00 each time an Automatic Advance is made, with a maximum fee of 
$100.00 per linked account per billing cycle. (Refer to Section 36 Amendments of this Part A General Terms, Conditions, 
and Disclosures for information concerning preferred pricing.) 

Late Fee. If we do not receive at least the required minimum payment within five (5) days after the date your payment is 
due, you agree to pay us a late fee. This fee is ____________ or the amount of the required minimum payment that is late, 
whichever is less.  If a late fee was assessed during the prior six (6) billing cycles, the late fee is ____________ or the 
amount of the required minimum payment that is late, whichever is less.  
Return Item Fee. We charge a fee if any check or other instrument given for payment on the Account is dishonored for any 
reason. This fee is ____________ or the amount of the required minimum payment due immediately prior to the dishonor 
of the item, whichever is less. If a return item fee was assessed during the prior six (6) billing cycles, the return item fee is 
____________ or the amount of the required minimum payment due immediately prior to the dishonor of the item, 
whichever is less.  This fee will appear on your statement as a “Rtn. Item Fee”.   

CLOSING YOUR ACCOUNT 

22. Default/Acceleration. 

Page 5 of 13 

 
 
 
 
 
 
 
 
 
 
You are in default on the account if: (1) you do not make at least the Minimum Payment when it is due, (2) you have 
exceeded your credit limit, (3) you provide us with false, misleading, or fraudulent information, (4) you fail to comply with 
any term of the Agreement, (5) you are bankrupt or insolvency proceedings are filed against you, (6) we believe you may 
be unwilling or unable to pay your debts on time, (7) you die or are legally declared incompetent or incapacitated, or (8) we 
become aware that you are using your Account for illegal or fraudulent purposes.   

If you are in default, we can stop all Advances and/or declare the full unpaid balance on your Account immediately due and 
payable. We may also take any other collection action allowed by applicable law. If we need to hire an attorney to collect 
any part of your Account and applicable law permits us to charge you for attorneys’ fees, you agree to pay us our 
reasonable attorneys’ fees incurred in collecting your Account, subject to any limits under applicable law. We do not charge 
attorneys’ fees in Maine. 

23. Cancellation. 
If there is an outstanding balance on your Preferred Credit Line Account, it may not be closed, however, you may close this 
Account as to future Advances at any time by giving us written notice at the address printed on your monthly statement. 
We may continue to honor Advances until we have had reasonable time to act upon your request. You agree that we do 
not guarantee that every request for a future Advance will be rejected after your request. If you use Checks hereunder, you 
agree to be liable for all Advances obtained by any person who uses the Checks with your permission. If we terminate your 
Account or you close your Account, you must destroy your Card and any unused Checks.  
In addition to our other rights under this Agreement, we may cancel your Account and stop making Advances at any time. 
In deciding whether or not to do so, we may elect, but are not required, to make an annual (or more frequent) credit review 
on your Account. You agree to provide us with updated financial information including but not limited to personal financial 
statements, upon request. This requirement constitutes a material obligation under this Agreement. Failure to provide any 
such requested updated financial information to us within thirty (30) days of the request shall constitute a default under this 
Agreement.  
The closing or cancellation of your Account for whatever reason will not affect obligations arising prior to such closing or 
cancellation and the terms of this Agreement will continue to apply until the unpaid balance due on your Account is paid in 
full.  

24. Stop Future Advances. 
You may request the Bank not to permit any additional Advances under the Account. We may continue to honor Advances 
until we have had reasonable time to act upon your request. You agree that we do not guarantee that every request for a 
future Advance will be rejected after your request. If your request is given by telephone, we may require you to confirm the 
request in writing. You will hold us harmless from any claim by any party for either stopping payment on checks or for 
ceasing to honor requests for Advances. You will resolve any such claims and will reimburse us for all expenses that we 
incur in defending any actions or claims brought against us, including reasonable attorneys' fees, whether or not a lawsuit 
is commenced.  

COMMUNICATIONS 

25. Telephone Monitoring.  
As part of our continuing effort to maintain a high quality of service to our customers, telephone calls between our 
employees and our customers are periodically monitored, on a random basis, by our supervisory personnel. You 
understand this and give your consent to any such monitoring for any telephone calls you may have with us. 

26. Wireless Express Consent 
By providing a telephone number for a cellular telephone, other wireless device, or a landline number that is 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 National Association 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 cause you to incur access fees from your cellular provider. 

27. Notices and Changes of Name, Address or Employment.  
We will send Account statements, renewal or replacement Cards, Checks, or other notices to you at the U.S. postal 
address shown in our records. If this is a joint Account, we can send these items to any joint account holder. You agree to 
promptly notify us of any change in your name or employment and to provide us with a notice of any change of your 
address at least 10 days prior to the change in address. Notices to us shall be in writing by U.S. postal service, effective 
when received by us at the address indicated for receipt of payments on any Account statement mailed to you within the 
preceding 60 days. Notices by email to us are not permitted and if given will not be effective. Notices to you, if mailed, shall 
be deemed given when mailed to you at the address given on the application or authorization form or to such other 
address in our records.  

Page 6 of 13 

 
 
 
 
 
 
 
CREDIT INFORMATION 

28. Account Statement Disputes.  
You agree to review promptly your monthly Account statements. If you believe there is an error, please contact us 
immediately at the number listed on your Account statement. If you believe your Account has been compromised you 
agree to contact us immediately by calling the number listed on your Account statement.    

29. Credit Reports.  
We may review your credit record from time-to-time in connection with your application and any resulting Account, our 
administration of your Account, any change in the interest rate or Credit Limit on your Account, or update, renewal, or 
extension of the Account. As a part of servicing, we will review your Account on a regular basis to determine if you are 
eligible for certain promotional offers related to your Account and you authorize us to do so.  Upon your request, we will 
advise you if we obtained a credit report and we will give you the credit bureau’s name and address. You understand that 
WE PROVIDE INFORMATION ABOUT THIS Account to consumer reporting agencies which may include negative 
information if you fail to fulfill the terms of your credit obligations under this Agreement. If you believe information related to 
this extension of credit reflected on your credit report is inaccurate, you may notify us of the same by writing to us at the 
address on your statement.  

OTHER PROVISIONS 

30. Prohibited Activity.  
It is your responsibility and you agree to use the Account only for valid and lawful purposes. If you use the Account for any 
other purpose or transaction, including, without limitation unlawful gambling activities and marijuana purchases 
(collectively, herein called a “Prohibited Activity”), you must immediately reimburse us for all amounts or expenses incurred 
as a result of such use. We reserve the right to block Prohibited Activity and to cause non-approval of any authorization 
request for a Prohibited Activity. Account Advances for any Prohibited Activity made by you or for your benefit shall be 
considered authorized by you, and you assume all responsibility and liability for all losses, costs and expenses you incur as 
a result of such use. If our investigation of any billing error asserted by you shows, in our sole determination, a Prohibited 
Activity, you authorize us to immediately reverse any provisional credit we gave you pending completion of our 
investigation.  

31.  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 your Account unless you notify us in writing 
that you reject the Arbitration Provision within 60 days of the Agreement Date. The rejection notice must be sent 
to KeyBank National Association, Attn: Loan Client Services, P.O. Box 5788, Cleveland, Ohio 44101-0788. Your 
notice must include your name, the names of any joint account holders, co-borrowers and co-signers, as 
applicable, and your Account number and must be signed by at least one of the borrowers. The 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 rejection of any other term or condition of your Agreement with us governing your 
Account. 
As used in this Arbitration Provision, the word "Claim" or "Claims" means any claim, dispute, or controversy between you 
and us arising from or relating to this Agreement or your Account, including, without limitation, the validity, enforceability, or 
scope of this Arbitration Provision or this  Agreement. "Claim" or "Claims" includes 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, statute, 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) the Account subject to the terms of this Agreement (b) any 
electronic funds transfer from or to any account, (c) advertisements, promotions, or oral or written statements related to this 
Agreement or your Account, (d) your application for the Account, and (e) the collection of amounts owed by you to us. 
Notwithstanding this Arbitration Provision, if you have a Claim that is within the jurisdiction of the small claims court or your 
state’s equivalent court, you may file my Claim there. If that Claim is transferred, removed or appealed to a different court, 
then we have the right to choose arbitration.  
Page 7 of 13 

 
 
 
 
 
 
 
This Arbitration Provision will not apply to Claims previously asserted, or which are later asserted, in lawsuits filed before 
the date of this Agreement or any prior arbitration provision 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 date of this Agreement.  
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 PARTICIPATE 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 
BY A 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 the award 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 closure of your Account subject to this Agreement. If any portion of this Arbitration 
Provision is deemed invalid or unenforceable under any law or statute consistent 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.jams-endispute. com, (800) 352-
5267, Financial Services Arbitration Rules and Procedures. 

32. Limitation on our Liability.  
Page 8 of 13 

 
 
If a court or arbitrator finds we are liable to you in connection with this Agreement, you may recover only your actual 
damages. IN NO EVENT WILL YOU BE ABLE TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, 
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES.  

33. Disclosure of Account Information.  
We may share information within the KeyCorp family of companies as well as with unaffiliated third parties external to 
KeyCorp as described in our Privacy Policy. You specifically consent to us sharing information within the KeyCorp family of 
companies and with external unaffiliated third parties.  
NOTE: You may elect to opt out of information sharing, or may be automatically opted-out under your state law, as 
described in our Privacy Policy. If you are opted out, that election will override this consent to share, except for those 
instances in which we are otherwise permitted to share by law without your consent. 
We will not disclose information about your Account or the transactions or transfers you make related to your Account 
under this Agreement except: (a) if the information is provided to help complete a transaction you initiated; (b) when you 
request or consent to the disclosure; (c) for the exchange of information with reputable credit reporting agencies to 
maximize the accuracy and security of such information; (d) in performance of bona fide corporate due diligence and/or in 
connection with a merger, acquisition or divestiture that involves your account; (e) in order to comply with applicable law, 
government regulation, or legal process (such as a court order or subpoena); or (f) if you have been informed about the 
possibility of such disclosure.  

34. Internet Access; Websites; Security.  
If you use the Internet to obtain information on your Account, you agree to and will be responsible for obtaining, installing, 
maintaining and operating all computer hardware, software and Internet access and security services necessary for 
performing online services. We will not be responsible and shall have no liability for any errors nor for any failures resulting 
from the malfunction or failure of your hardware, software or any Internet access services, or for any breach of security or 
other activity resulting in any unauthorized access to your computer, Account data or any resulting unauthorized 
transaction in your Account resulting from such breach of security or other adverse activity. 

35. Assignment.  
We can assign, sell or transfer your Account, or any portion thereof and this Agreement without notice to you or your 
consent. You may not assign this Agreement, your Account or any portion of it. Your rights hereunder cannot be 
transferred by you or operation of law or otherwise without our consent, but your obligations shall be binding upon your 
estate or personal representatives. Any unauthorized transfer or assignment by you of this Agreement is null and void.  

36. Amendments. 
We, in our sole discretion, may change, amend, or add to the terms and conditions of this Agreement by sending you a 
written notice of the changes as may be required under applicable law. If the change is considered a significant material 
change to the terms of the Account, you will be given the right to reject the change, unless you become more than 60 days 
late on your account. However, if you do reject the changes, you will not be able to use your Account for new transactions. 
The notice provided prior to any significant material change in terms will include instructions for how to reject the changes. 
Preferred Pricing: You acknowledge and agree that the discounted margin, as well as partial or full waiver of the annual 
fee and/or overdraft advance fee, if applicable, disclosed in your Preferred Credit Line Agreement is preferred pricing 
based on your current participation in a relationship program offered by the Bank, in its discretion. If you elect to no longer 
participate in, or if you cease to satisfy the eligibility requirements established by the Bank for your participation in such 
program, we reserve the right to increase the margin, as well as assess the annual fee and/or Overdraft Advance Fee, if 
applicable.   

37. Applicable Law. 
You understand that KeyBank National Association is a national bank with its main office located in Cleveland, Ohio. 
Consequently, except as set forth to the contrary in the Arbitration Provision herein, this Agreement shall be governed by 
Federal law and the laws of the State of Ohio, without regard for conflict of law rules, whether or not you live in said state. 
With respect to all disclosures, fees and charges related to your Account, Federal law alone shall control. This Agreement 
is entered into between you and us in, is accepted by us in, and credit is extended by us from the State of Ohio.  

38. Severability.  If any of the terms of this Agreement is invalid, changed by applicable law or declared invalid by order of 
a court, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid 
terms had not been placed in this Agreement. 

YOUR BILLING RIGHTS 

Keep this Document for Future Use  

Page 9 of 13 

 
 
 
 
 
 
 
 
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 Account  
If you think there is an error on your statement, write us at the address shown on your Monthly 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 statement date of the statement on which the error first appeared.  
•  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 will 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 that 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 the 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 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 you the goods or services.) 
2. You must have used your Card for the purchase. Purchases made with cash advances from an ATM or with a Check 
that accesses your 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 Monthly 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 

Page 10 of 13 

 
 
 
 
NEW YORK AND VERMONT RESIDENTS:  You agree to give us permission to obtain one or more credit reports from 
consumer reporting agencies in connection with this 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, updating or renewing the Account, adjusting the credit limit 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. 
OHIO RESIDENTS:  The Ohio laws against discrimination require that all creditors make credit equally available to all 
creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon 
request.  The Ohio Civil Rights Commission administers compliance with the law. 
OREGON RESIDENTS: Under Oregon law, most agreements, promises and commitments made by us after October 3, 
1989, concerning loans and other credit extensions which are not for personal, family or household purposes or secured by 
the borrower’s residence must be in writing, express consideration and signed by us to be enforceable.  
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. This Agreement 
is a final expression of the Agreement between you and us and cannot be contradicted by evidence of any alleged oral 
agreement.  
WASHINGTON RESIDENTS: Oral agreements or oral commitments to loan money, extend credit, or to forebear from 
enforcing repayment of a debt are not enforceable under Washington law. 

USING YOUR ACCOUNT FOR CREDIT CARD TRANSACTIONS 

1. Definitions. 
“Card” means the KeyBank Gold MasterCard® branded Preferred Credit Line card issued by us to you as an access 
device linked to your Account. "Cardholder”, refers collectively to the person(s) who received a Card from us. 

2. Card Access to Account.  
Upon your receipt and activation of the Card you agree to promptly sign your name in the signature panel on the reverse 
side. You may obtain an Advance under your Account with your Card as follows: by purchasing goods or services and by 
obtaining an Advance from a financial institution including us or an automated teller machine or cash dispenser (“ATM”). 
We will pay merchants that participate in the payment network operated by MasterCard, Inc. and its subsidiaries 
(collectively “MasterCard”) for goods and services you obtain by use of this Card, and we may make Advances to you or 
for your benefit. You may use your Card to pay for purchases of goods and services at any merchant’s location or website 
that displays the service mark of MasterCard or its affiliates. Your Card may be used at any ATM that displays a service 
mark matching a brand mark on the back of your Card. 

3. Acceptance; Signature.  
Each Cardholder hereby agrees to sign in the space provided for authorized signatures on the Card before the Card is 
used. Your signature on the Card, or on any charge slip intended for this Account, or any use of the Card by you or any 
other Card user authorized by you, is your agreement to comply with all the terms of this Agreement and your acceptance 
of the Card.  

4. Joint Account.  
All persons on your Account are jointly and individually bound by this Agreement, regardless of who received the benefit of 
your Account or by whom any Advance or purchase was made under your Account or with your Card. A default by any 
Account holder will be a default by all Account holders. Each of you are jointly and individually responsible to pay in full all 
amounts and liabilities due under this Agreement and on the Account. 

5. All Card Purchases Treated as Advances.  
We consider all Card transactions to be the equivalent of cash advances in the Account and are considered Advances for 
purposes of this Agreement, including but not limited to, using the Card or Account to purchase wire transfers, money 
orders in U.S. dollars or foreign currency, travelers checks, casino gaming chips, lottery tickets, off-track betting, wagers at 
race tracks, and tax payments. 

6. ATM Transactions.  
Upon your telephonic activation of the Card, you will be prompted to select an access code or personal identification 
number (“PIN”) to enable you to use the Card at an ATM. At an ATM you may use your Card for a balance inquiry or cash 
withdrawal from your Account. You cannot use the Card at any ATM to make any deposit, payment on, or transfer to or 
from, any account with us.  

Page 11 of 13 

 
 
 
 
 
 
 
 
 
7. Limitations on Card Transactions.  
A. PIN Transaction. You must manually sign the merchant’s sales receipt for all POS Card transactions, unless you are 
electronically authorizing the POS transaction over the telephone or Internet. You agree that charges imposed by third 
parties for use of their ATM facilities will be added to your Account balance as an Advance.  
B. Limits on Dollar Amounts of Transactions. We may establish limits on the dollar amounts and frequency of Card 
transactions per Account or per Card. We may change these restrictions at any time without notice. 

8. Awards and Other Services.  
You understand that from time-to-time third parties may offer additional Account features, services, and enhancements. 
You understand that we are not liable for these features, services, and enhancements and they are the sole responsibility 
of third parties. You will hold us harmless from any claims, actions, or damages resulting from your use of any of these 
features, enhancements, or services when permitted by applicable law. 

9. Merchant Disputes.  
We are not responsible if anyone refuses to honor this Card or any Convenience Check or for any failure of an ATM to 
process any Advance request. To the extent permitted by applicable law, if there is a problem with merchandise or services 
obtained with this Card, you may have the right not to pay the remaining amount due on such merchandise or services. 
This right does not, however, apply to merchandise or services obtained with Checks, with money from an Advance, or if 
your Account is used primarily for business purposes. The Billing Right section above contains an explanation of your 
rights to dispute billing errors. We will have no responsibility for or liability arising from any merchandise or services 
purchased with this Card. 

10. Expiration; Non-renewal; and Termination.  
Your Card is issued with an expiration date. We may elect, at our sole discretion, not to renew your Card. We have the 
right to revoke all privileges attached to all Cards, cancel the Cards as to future Advances at any time for any reason. Upon 
such cancellation you agree to immediately destroy all Cards (which you will cut in half). Your right to use your Card will 
terminate automatically, without notice, effective on any termination of the Agreement.  

11. Lost or Stolen Cards.  
If your Card is lost or stolen, or you believe that someone is using your Account or Card without your permission, notify us 
immediately. You can notify us by telephoning 1-800-KEY2YOU (1-800-539-2968) or by writing to us at the address listed 
on your Monthly Statement. 

12. Your Liability. 
In General. You agree to make your best efforts to protect your Card against loss, theft or unauthorized use. You agree to 
contact Customer Service AT ONCE if you believe your Card has been lost or stolen or you believe there is any 
unauthorized use of your Card. Telephoning Customer Service is the best way to keep your possible losses down. We may 
request that you confirm your notice to us in writing. You agree to cooperate completely with us in any of our attempts to 
recover amounts from unauthorized users and to assist in their prosecution under law.  
Unauthorized Use. You may be liable for the unauthorized use of your Card, not to exceed $50.00. You will not be liable 
for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft or possible unauthorized use.  

Page 12 of 13 

 
 
 
 
 
 
You agree to be bound by all of the above terms and conditions as set forth in this Agreement and acknowledge 
receipt of a completed copy of this Agreement. 

Borrower 

Date:   

Borrower 

Date: 

Page 13 of 13