Here is your new Cardmember Agreement (the "Agreement"). It is the contract between you and us regarding your credit card account (the "Account"). This Agreement is being sent to you and each Authorized User so that each of you is aware of the terms that apply to the use of the Account and Cards. This Agreement is effective as soon as you, or any of your Authorized Users, activate a Card or use the Account. It also applies if you have not closed your Account within 30 days after we issue the Card(s).Definitions:
We have provided a glossary containing definitions of the terms used in this Agreement. Our definitions rely heavily on, but deviate slightly from, the definitions used by the Consumer Financial Protection Bureau ("CFPB") in connection with its December 2011 prototype credit card agreement.Rates and Fees Table:
This Agreement references a separate document entitled "Rates and Fees Table" that explains the different APR's and fees that apply to your Account. Such Rates and Fees Table is made a part of this Agreement between us.1. ACCESSING AND USING YOUR ACCOUNT
a. Generally. Your Account can be accessed by a Card issued to you or to any Authorized User. 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 any use of, and Charges to, your Account by you and/or your Authorized User(s), even if the use or Charge is prohibited by this Agreement.
b. Authorized User(s).
c. Joint Accounts. If more than one person applied for, or is liable on, the Account, we may send any communications to either 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).
d. Convenience Checks.
a. Generally. All Cards accessing your Account are subject to your Account's credit and cash advance limits. Your initial credit limit and cash advance limit are located on the card carrier that was sent to you with your Card.
b. Credit Limit. Your credit limit is the maximum amount that you can have outstanding on your Account at any time. You agree not to initiate any Charges that would cause your Account balance to exceed the credit limit. At our discretion, we may approve a Charge that causes your Account balance to exceed the credit limit, but we do not treat such a Charge as a request for an increase to your credit limit. You are responsible for paying all Charges in excess of your credit limit immediately. All Charges in excess of your credit limit will be included as part of your Minimum Payment.
c. Cash Advance Limit. Your Cash Advance limit is only a portion of your total available unused credit limit. If no separate Cash Advance limit is listed on your Bill, then your credit limit and your Cash Advance limit are the same.
d. Changes to Your Credit Limit and Cash Advance Limit. Without advance notice, we may change your credit limit at any time (which may also affect your Cash Advance limit). We will notify you of any changes through your Bill or by sending you a separate notice, which may be after the change occurs.3. USING YOUR CARD FOR CHARGES
a. Generally. You may use your Account for Purchases, Cash Advances, or Balance Transfers. Each type of Charge will have its own Balance. Each Balance may have a separate APR. Certain Charges will also incur a transaction fee (as set forth in the Rates and Fees Table) (e.g. a Balance Transfer will incur a Balance Transfer Fee). You must refer to the Rates and Fees Table for a complete listing of transaction fees specific to your Account. Other non-transaction based fees may apply to your Account. Please see Section 7 below for an explanation of such fees.
b. Authorization of Charges. We do not guarantee this Card will be accepted by any merchant. We may refuse to authorize any Charge at our sole discretion, even if there is sufficient available credit. We are not responsible for any losses associated with a declined Charge.
c. Balance Transfers. You can transfer balances to your Account by Notifying Us. We will charge a Balance Transfer fee on the amount of each Balance Transfer. We permit Balance Transfers from most accounts issued by other banks. We do not permit Balance Transfers from other accounts or loans with us or any of our affiliates. Note however, that if you transfer a balance using a Convenience Check, such Charge will be treated like any other Charge completed by a Convenience Check. (See Section 1(d) regarding Convenience Checks).
d. Recurring Charges. Cardholders may authorize a third-party to bill Charges on a recurring basis to your Account. If you want to stop these Charges, you must contact the third-party and direct the third-party that it is no longer authorized to make Charges to your Account. Recurring Charges may not process if your Card number, expiration date or security code changes. You agree that we may, but are not required to, transfer recurring Charges to any replacement Card or Account. If your Account is closed or suspended or we suspend making certain recurring Charges on your Account, you are responsible for making alternate payment arrangements with the affected third-party.4. INTEREST CHARGES
a. Your APR's are on the Rates and Fees Table. Variable Rates are calculated by adding together an index and a margin. The index is the Prime Rate as published in the "Money Rates" section of The Wall Street Journal. At the end of your billing period, we look at the Prime Rate as published on the last business day of the previous calendar month to determine your index. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates effective as of the first day of your billing cycle that begins in the same month in which such change in the index is published. Your Rates and Fees Table will indicate the "margin" applicable to your Account. If the APR increases you will pay a higher interest Charge and may have a higher Minimum Payment. If The Wall Street Journal ceases to publish the Prime Rate, or it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index.
b. Minimum Interest Charge. If the interest calculation for the Billing Period (using the formula explained in Section 5 below) renders an amount greater than zero, but less than the "Minimum Interest Charge" (as set forth in the Rates and Fees Table), we will add the Minimum Interest Charge to your Account in lieu of the interest from the interest calculation. The Minimum Interest Charge is labeled as a fee on your Bill (rather than interest), and is added to the Purchase Balance.5. INTEREST CALCULATION
a. Generally. Even though your Account may be accruing interest Charges during the entire Billing Period, we only post interest Charges to your Account once, at the end of each Billing Period. (See formula below in subsection 5(b) for how we do this.) Because we do not post interest Charges until the end of the Billing Period, if you make a payment mid-Billing Period intending to pay off the entire Account, be aware that you may not have taken into account interest accruing on Balances not entitled to a Grace Period.
b. Interest Charge Calculation Formula. We charge interest on your Account using the Average Daily Balance Method with Compounding (including new transactions). Note: the Glossary also contains a definition of Daily Periodic Rate (referred to as "DPR" in the formula below) and Average Daily Balance ("ADB" in the formula below). For each Balance that makes up your Account we use the formula below:(DPR) x (ADB) x (# of days in Billing Period) = Interest Charges
To arrive at the ADB used in the formula above, we perform the following calculation during the Billing Period for each specific Balance to come up with a Daily Balance:
Beginning Balance (i.e. the previous day’s Daily Balance)
+ New transactions
+ Fees specific to a particular transaction
+ Interest applicable to the previous day’s Daily Balance‡ using the DPR to calculate the interest
- Payments or credits
= Daily Balance
‡We treat any credit balance as a zero balance
We add together all of the Daily Balances for the Billing Period and then divide the number of days in the Billing Period to arrive at the ADB. The ADB amount can then be used in the formula above to determine the actual interest Charges that will be added to (i.e. posted to) your Account.
You will be able to see the Interest Charges for each of the Balances on your Bill under the section entitled "Interest Charge Calculation". We then add up all of the interest Charges for each Balance to get the total interest Charges for the Billing Period, which total can be found on the first page of your Bill in the box labeled "Summary of Card Activity" under the heading of "Interest Charged".
c. Interest Charges and Fees Are Added to the Balances to Which They Apply. We add the applicable interest Charges to the Balances to which they apply (for example, we add interest Charges on Purchases to the Purchase Balance). Likewise, we add the particular fees to the Balances to which they apply (for example, we add the Balance Transfer Fee to the Balance Transfer Balance). Note that Cash Advance Fees, Overdraft Protection Transfer Fees and Convenience Check Fees are added to the Cash Advance Balance. Fees that do not apply to a particular Balance are added to the Purchase Balance.
d. Grace Period Applies Only to Purchases. Only the portion of the Purchase Balance attributable to Purchases will be provided a Grace Period. Other Charges in the Purchase Balance (such as Convenience Checks) will be charged interest from the date of the transaction at the disclosed APR. (For more information, see Section 1(d) regarding Convenience Checks). Also, there is no Grace Period for Balance Transfers or Cash Advances.
e. How the Grace Period Works to Avoid Interest on Purchases. In order to receive a Grace Period on your Purchases, you will need to pay in full on or before the Due Date the "New Balance" on your Bill. As long as you continue to pay the entire "New Balance" on your Bill on or before the Due Date each consecutive Billing Period, your Purchases will receive a Grace Period. If you do not pay your Bill in full (including the amount of any special promotions, Convenience Check offers, etc.), you will lose your Grace Period. If you lose your Grace Period by making only a partial payment that is at least equal to the Minimum Payment on or before the Due Date, then in the next Billing Period, we will apply your partial payment as of the first day of that next Billing Period. If you lose your Grace Period, you may earn it back by paying the entire "New Balance" listed on any subsequent Bill. Once you have paid the New Balance on your Bill in full on or before its Due Date, you will receive a Grace Period for any Purchases made in the next Billing Period (subject to loss as set forth above). Note: in this section, the "next" Billing Period means the Billing Period which started immediately following the Billing Period for which you paid your Bill in full on or before the Due Date, which Due Date falls in the Billing Period identified in this section as the "next" Billing Period.
f. When We Begin to Charge Interest. Except as set forth in the previous section entitled "How the Grace Period Works to Avoid Interest on Purchases", all Charges begin to accrue interest from the date of the transaction (which may be earlier than the posting date). Such Charges will continue to accrue interest until paid in full.
g. When We Add Charges. We add Charges to your Account no earlier than the date of the transaction. Generally the date of the transaction will be the sale date for the Purchases, the date you request a Balance Transfer or a Cash Advance, or the date the payee deposits a Convenience Check. There may be delays in posting Charges to your Account. Although we generally add the fees associate with a specific Charge on the same date that we add the Charge, for non-transaction related fees, we post them when the service is requested (e.g. when a statement reprint is requested) or when the assessment occurs (e.g. late fees at the end of the Billing Period). Note that any Balance may be subdivided to accommodate for special terms Convenience Checks or other promotional Balances.6. OVERDRAFT PROTECTION ADVANCE ("OD ADVANCES")
a. Generally. You may elect to set up this Account to cover overdrafts on your KeyBank checking account by Notifying Us. Only one OD Advance will be made each day. Additionally, we will charge an Overdraft Protection Transfer Fee (as set forth in the Rates and Fees Table) to this Account each day an OD Advance occurs. OD Advances will be treated as Cash Advances. The terms of this Agreement and your checking account agreement will apply.
b. Overdraft Protection Set-Up. Overdraft Protection is typically available within ten business days of receipt of the request. To confirm your request for Overdraft Protection has been processed and is available:
c. Limitations on Eligibility. In order to link this Account to your checking account, all persons who applied for this Account or who are liable on this Account must be owners of the checking account. If at any time for any reason the persons who applied for this Account or who are liable on this Account and the owners of the checking account are different, your right to take OD Advances will terminate.
d. OD Advances. Once you activate this feature we will link this Account to your KeyBank checking account. When specified below, a Charge will be made to this Account (here an "Overdraft Protection Advance" or "OD Advance") and the funds represented by such Charge will be transferred to your linked checking account. You request and agree that these automatic OD Advances be made.
e. Timing of OD Advances. At the end of each business day, an automatic OD Advance will be made on this Account when the total amount of withdrawals from your linked checking account made during the day and service charges we post to your linked checking account for the day, exceed the amount of funds in such linked checking account that is available for withdrawal.
f. Amount of OD Advances. You agree that the amount of the OD Advances will be advanced from this 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.
g. Our Reservation of Rights. 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.
h. Cancellation of OD Protection. You may cancel the Overdraft Protection services at any time by giving us written notice at the address printed on your Bill. We may cancel your Overdraft Protection and stop making OD Advances at any time.7. FEES
a. Transaction Fees. We charge fees in connection with specific Charges you have initiated. For example, we charge a Balance Transfer Fee, when you request a Balance Transfer. Please see the Rates and Fees Table for a full listing of all of our transaction fees. The fees for Foreign Currency Transactions (as set forth in the Rates and Fees Table) are calculated as set forth in the definition in the Glossary.
b. Late Payment Fee. If you make a Late Payment, we may charge you a Late Payment fee. For a detailed explanation of this fee, please see the Rates and Fees Table (particularly the additional language following such table which contains additional terms of your Cardmember Agreement). The Late Payment Fee will not exceed the Minimum Payment amount.8. PAYING US
a. Your Bill. You agree to pay us all amounts that we lend you on your Account, together with the interest Charges and fees as provided in this Agreement. Additionally, you may pay all or part of your Account balance at any time. For each Billing Period, you agree to pay at least the Minimum Payment on or before the Due Date in accordance with our Standard Payment Instructions. If you don't receive a Bill by the date when you usually receive it, Notify Us at once.
b. Minimum Payment. If you do not pay the Minimum Payment by the Due Date, we may charge you a Late Fee and you will be in Default.
Your Minimum Payment will include any amount in excess of your credit limit plus the greater of:
In any case, your Minimum Payment will not exceed the New Balance on your Bill.
c. Making a Payment.
d. Cut off Times, Weekends, and Holidays. You must follow the payment instructions (including cut off times) provided on your Bill, as well as the Standard Payment Instructions defined in the Glossary. To be credited on day of receipt, payments must be received by the cut-off time. We are not required to, but may, extend the cut-off time at our discretion for certain electronic payment channels. If your Due Date falls on a weekend or holiday, we will treat mailed payments received by us by the cut off time on our next business day as being received by us on the Due Date.9. HOW WE APPLY YOUR PAYMENTS
a. Crediting Payments to Your Account. As long we receive your Minimum Payment on or before the Due Date in accordance with our Standard Payment Instructions and before our cut off times, you will not be charged late fees. We will credit your payment as of the day it is received, even though there may be delays in posting the payment to your Account. If we post a payment after the Due Date that was received by us before the Due Date, we will adjust your Account for late fees and interest accrual, if applicable. We may accept and process late, partial and payments marked as "paid in full" without losing our rights under this Agreement. Any such payments must be sent to the special address identified on your Bill.
b. Payments in Excess of the Minimum Amount. If you make more than the Minimum Payment when due, the excess above the Minimum Payment is applied to Balances with the highest APRs first, unless otherwise required by law.
c. Payments Less Than or Equal to the Minimum Payment. We may apply the amount of your payment 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 higher interest Charges.
d. How Payments Affect Your Credit Limit. We do not immediately increase the amount of total available credit under your Credit Limit upon receipt of your payment. Depending upon your payment amount and other factors you may not be able to reborrow the payment amount for a reasonable amount of time to ensure your payment has cleared, depending upon the payment method you chose. This allows us a reasonable amount of time to collect the funds associated with your payment and help you manage your Credit Limit to avoid over limit situations. When you make a payment to us from an account that is not controlled by us, you should reference the disclosures provided in connection with such payment channel to determine the approximate amount of time that it takes such payment to reach us.
e. Credit Balances. You may request a refund of credit balances at any time. If no refund is requested, we will apply credit balances to new Charges, unless prohibited by law.10. DEFAULT AND ENFORCEMENT
a. Generally. 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.
b. 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.11. CLOSING YOUR ACCOUNT
a. Closing Your Account. You may close your Account at any time by Notifying Us. We may close or suspend your Account at any time for any reason without telling you first. If there are any unpaid amounts on your Account when it is closed, you remain responsible for paying all unpaid amounts. After closure, we will no longer authorize Purchases, Balance Transfers, Cash Advances or other Charges initiated by you, but your Account Balances will continue to accrue interest Charges and fees and remain subject to all other terms of this Agreement. As long as your Account is not in Default, you will be permitted to pay your Bill monthly until your Account is paid in full. If your Account is in Default when it is closed please refer to Section 10 of this Agreement regarding Default and Enforcement for further information as to payment responsibilities.12. LOST, STOLEN, OR COMPROMISED CARDS/ACCOUNT
a. Notify Us. You must Notify Us immediately and stop using your Account.
b. Liability. You will not be liable for any unauthorized use that occurs after you Notify Us. You may, however, be liable for unauthorized use that occurs before you Notify Us. In any case, your liability will not exceed $50. A Charge that falls into the definition of an Authorized Charge will not be considered unauthorized use.13. COMMUNICATIONS
a. Mailings. We will send Bills and other Account related communications to your Address On File, which may also include an alternate address you have provided us for specific purposes we agree upon. We will not send a new or replacement Card to a post office box or to your Address On File if it has recently changed.
b. Mobile Communications. You expressly authorize KeyBank National Association and its service providers, affiliates, agents, successors, assigns, and third party debt collectors to contact you on any of your mobile phone numbers, whether you provide those numbers to KeyBank (now or in the future) or whether KeyBank identifies those mobile numbers via other sources including, but not limited to, those obtained via skip tracing or those provided by third parties. This consent applies to all calls including text messages or telephone calls made via or using an automatic telephone dialing system, autodialer, and/or an automated or prerecorded voice. This consent applies to any and all accounts including, but not limited to, depository accounts, loans, lines of credit, credit cards, or other relationships you have with KeyBank (including business accounts upon which you are identified as a point of contact or an authorized user), including those you already have or any that you may obtain in the future, and this consent permits calls regardless of their purpose. These calls and messages may incur access fees from your cellular provider.
c. Telephone Monitoring. We may listen to and record your telephone calls with us.
d. Authenticating Your Identity. When you call us, we may ask you certain information to be comfortable it is you we are talking to. We may also ask for such information when you are writing to us via mail or signing on to our online banking site or our mobile site. We will not ask you via e-mail to provide us any identifying information so be aware not to respond to any phishing e-mails.
e. E-Mail Communications. We may also send an email to any e-mail address you have provided us or any e-mail address where we reasonably believe we can contact you.
f. Changes to Your Information. You are required to Notify Us any time you move or otherwise want to change your Address On File. Notify Us immediately of any changes to your phone numbers, e-mail address, Address On File or other contact information. Please see definition of "Notify Us" for methods of contacting us.14. CREDIT INFORMATION
a. Credit Information We Receive About You. 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. 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.
b. Credit Reporting We Do on Your Account. We provide information about this Account to consumer reporting agencies and others for you as well as for any Authorized User. As Authorized Users are not liable for repayment of this Account, an Authorized User may request that we cease reporting this Account for him or her. If an Authorized User makes such a request, we will remove the Authorized User from the Account.
c. Disputes. If you think we provided incorrect information, write to us at the address provided in the section of your Bill labeled "What To Do If You Think You Find A Mistake On Your Statement" and we will investigate.
15. OTHER PROVISIONS
a. 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.
b. Amendments. We may change or terminate all or any part of this Agreement, including without limitation 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.
c. 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.
d. Severability. Except as specifically provided in Section 16 below, 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.
e. 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 Charges are restricted.16. ARBITRATION PROVISION
This Arbitration Provision will not apply to new accounts opened on or after October 3, 2017 by Covered Borrowers as such term "Covered Borrower" is defined by the Military Lending Act, 10 U.S.C. 987 e. seq. and its implementing regulations.
a. Agreement to Arbitrate. 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 between you and us.
b. Opt-Out and Rejection Notice. You have a limited right to opt-out of this Arbitration Provision. If you do not follow the opt-out procedures set forth in this section exactly, the Arbitration Provision section will apply. This Arbitration Provision will apply to this Account unless you notify us in writing that you reject the Arbitration Provision within 60 days of opening this Account. 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).
c. Definition of Claim. 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 the Account, including without limitation, the validity, enforceability, or scope of the 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, 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. 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 your Claim there. If that Claim is transferred, removed or appealed to a different court, then we have the right to choose arbitration.
d. Arbitration Process Generally. This Arbitration Provision will not apply to Claims previously, or which are later asserted, in lawsuits filed before the effective date of this Arbitration Provision 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 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 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.
e. Arbitration Fees. 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.
f. Attorney Fees. 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.
g. FAA. 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.
h. Survival. 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 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.
i. 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.17. YOUR BILLING RIGHTS
a. Keep This Document for Future Use. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
b. 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 Monthly Statement. In your letter, give us the following information:
You must contact us:
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.
c. What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
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.
d. 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:
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.18. ADDITIONAL DISCLOSURES FOR RESIDENTS OF SPECIFIC STATES
a. 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.
b. 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.
c. 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.19. GLOSSARY OF DEFINITIONS
Each term that is capitalized in this Section 19 is defined by us, except that we do not capitalize the words "you, your, yours, we, us, our," but such terms will have the meanings set forth in the definitions below. All of the definitions in this Section 19 are a part of the Agreement between us.
|Account||Defined in the first paragraph of this Agreement.|
|Address On File||Your Address On File is the address that you provided on your application to open this credit card Account, unless (1) we have received and processed your written notice of a change of address provided in accordance with the terms disclosed on the back of your Bill, in which case that new address is the address of record; or (2) in the event that your address changes before we have sent out your first Bill, we have received and processed your written notice of a change of address sent to us at the address for mailing payments.|
|Agreement||Defined in the first paragraph of this Agreement.|
|APR or Annual Percentage Rate||APR or "annual percentage rate" is an annualized interest rate. Different APRs may apply to different balances on your Account, such as your Purchase Balance or your Cash Advance Balance. We use the APR that applies to each Balance to calculate the interest that you owe us on the Account.|
|Assign||We Assign your Agreement if we sell or pass to a third party any or all of our rights or obligations under the Agreement, including any amount that you owe under the Agreement. Subject to the extent of the assignment, any party to whom we Assign your Agreement will enjoy all our rights under the Agreement, including contractual rights to collect amounts that you owe on the Account.|
|Authorized User||If you ask us to issue a Card on this Account to another person, he or she is an Authorized User. In addition, if you give your Card or Card number to another person, he or she is an Authorized User.|
|Average Daily Balance Method With Compounding||
According to this method, we calculate the interest Charges for each Balance by applying the "daily periodic rate" for that Balance to the "average daily balance" for that Balance. We multiply the result by the number of days in the Billing Period. That gives us the total interest charges for that Balance for that Billing Period.
The "Daily Periodic Rate" is a daily interest rate. The Daily Periodic Rate for a given Balance is equal to the APR for that Balance divided by 365.
We calculate the "average daily balance" for each balance. We do this by starting with the beginning amount of that Balance for each day. We add any new Charges for that day, add any interest on the previous daily balance if there is one in that Billing Period, and subtract any payments or credits. This gives us the "daily balance." We calculate the "average daily balance" for each Balance by adding all the daily balances for each day in the Billing Period and then dividing by the total number of days in the Billing Period. The addition of the prior day's interest to the daily balance calculation causes interest to compound daily.
We add fees that are specific to a particular Charge to the same daily balance as that particular Charge. We add all other applicable fees to your Purchase Balance as of the first day of a Billing Period.
|Balance Transfer||You make a Balance Transfer when you contact us to transfer a Balance electronically or by phone.|
|Billing Period (also referred to by us as the Billing Cycle)||
(also referred to by us as your Monthly Statement)
|Card||Your Card is the physical Card, the Account number, or any device (including a Convenience Check) that can be used to access your Account.|
|Cardholder(s)||You and/or any Authorized User.|
You receive a Cash Advance when you use your Card or Account to do any of the following:
|Charge||Any transaction (i.e. a Purchase, Balance Transfer, or Cash Advance), interest, or fee, regardless of how such Charge is made (by Card, Convenience Check, automatic posting or otherwise).|
|Convenience Check||The terms checks or Convenience Checks are access devices used to make a Charge to your Account and are collectively referred to in this Agreement as a Convenience Check. Although Convenience Checks may be used to make Purchases, Cash Advances and Balance Transfers, the Charges resulting from the use of a Convenience Check may be posted to the Purchase Balance or a special promotional Balance, but they will begin to accrue interest immediately and will not be entitled to a Grace Period.|
|Daily Periodic Rate or DPR||DPR stands for "Daily Periodic Rate." This is a daily interest rate. The daily periodic rate or DPR for a given Balance is equal to the APR on that Balance divided by 365.|
You are in Default on the Account if:
|Late Payment||A Late Payment is your failure to make at least the Minimum Payment so that it reaches us by or before the time and Due Date on your Bill.|
(also referred to by us as the Minimum Monthly Payment)
|Refer to Section 8 of the Agreement for the definition and calculation of the Minimum Payment. We also list your Minimum Payment amount on your Bill.|
|Notify Us||Call us at the phone number provided on your Bill or the back of your Card, or write to us at the appropriate address indicated on your Bill (note there are multiple addresses on your Bill and you must choose the address appropriate to your reason for contacting us).|
|OD Advances||See definition for OD Advances set forth in Section 6 of the Agreement.|
|Prime Rate||This is the U.S. Prime Rate published in the Wall Street Journal. If the Wall Street Journal no longer publishes a prime rate, we will use a similar published rate that we choose.|
|Protected Balances||Protected Balances are amounts owing on the Account that under law are not subject to an increase in interest rates or fees. In general, a protected balance includes any charge incurred before or within 14 days after we send notice of such an increase. If you receive notice of an increase in an interest rate, the notice will tell you the Charges to which the new rate will apply.|
|Purchases||A Purchase is the use of your Card to buy or lease products or services. The purchase of cash or cash equivalents, like casino chips or lottery tickets, is a Cash Advance, not a Purchase.|
|Standard Payment Instructions||
You must pay your credit card Bill in a manner that meets all the following conditions:
|we, us, and our||KeyBank National Association, the issuer of your Account and Cards.|
|Workout Arrangement||This is a special arrangement between us and you in which we agree to a temporary reduction in applicable interest rates or fees in return for your agreement to follow a defined payment schedule. Any such agreement will be in writing. It may provide that upon completion of the workout arrangement or upon your failure to comply with the terms of the workout arrangement, interest rates and fees may increase up to the same terms as were in effect before the workout arrangement.|
|you, your and yours||Any person who applied for the Account and any other person liable on the Account by any other means.|
These Terms and Conditions provide you with detailed information about how the Key Cashback Credit Card program works, and is an agreement between you and KeyBank. This is a separate and independent agreement from the Cardmember Agreement; however, it is subject to the Arbitration Provision of the Cardmember Agreement, which is incorporated herein by reference. Additionally, defined terms used in these Terms and Conditions, unless otherwise defined herein, will have the meanings ascribed to them in the Cardmember Agreement. When you, or an Authorized User, use your Account or Card, it means you accept these Terms. This information is provided to you, the Cardmember, from us, KeyBank National Association, the issuer of your Key Cashback Credit Card (the "Card").
1. Definitions. In these Terms, the following words have special meanings:
2. Changes to the Terms or Program.
We may also temporarily prohibit you from earning Cashback Rewards, using Cashback Rewards you have already earned, or using any other feature of the Program. We may supplement these Terms with additional terms, conditions, disclosures, and agreements, which will be incorporated into these Terms.
We will provide you notice of these types of changes in writing, which, at our option, may be delivered to you electronically through email or through our online services.
3. How you can earn Cashback Rewards. You earn Cashback Rewards when you, or an Authorized User, uses a Card to make most Purchases of goods and services, minus refunds or returns. The Account and your Cashback Rewards are for personal, family and household use, and we reserve the right to disallow or remove Cashback Rewards awarded for Purchase made for other than personal, family or household use. Additionally, certain transactions do not count as Purchases for purposes of earning Cashback Rewards:
Your Cashback Rewards are stored in your Account in dollars and cents and rounded to the nearest cent. We will add Cashback Rewards to your Account at the end of each day, based on the Purchases made by you, or an Authorized User, that post to your Account during the day, but minus any returns or refunds. The rate you earn on your Cashback Rewards on a transaction depends on the date on which your Purchase posts to your Account which may be up to two (2) business days after you make the transaction. Your Cashback Rewards amount will be displayed on our website, at www.key.com and on your Monthly Statement. There may be a delay between when your Cashback Rewards are added to your Account and when they are visible to you on the website. We may, from time to time, offer additional ways for you to view your Cashback Rewards amount, such as through our mobile applications.
4. What You Will Earn.
5. Redeeming Your Cashback Rewards. You can redeem your Cashback Rewards at any time by visiting our website, at www.key.com, or by calling us at the number on the back of your Card. You may elect to redeem your Cashback Rewards either as a statement credit to your Account or as an electronic deposit into any eligible checking or savings account at KeyBank. You may redeem your Cashback Rewards starting at a penny, and there is no maximum redemption limit.
6. Expiration of Cashback Rewards. Your Cashback Rewards have no expiration. However, provided your Account is not in Default, we will automatically issue a statement credit to your Account if your Account is closed, if we are notified of your death and you are the sole owner of your Account, or if your Account has become inactive. Your Account becomes inactive when you do not make any eligible Purchases for a twelve (12) month period. If your Account becomes, and remains, inactive, a statement credit will be issued to your Account within five (5) business days of December 31 each year.
7. When You Will Not Be Able to Earn or Redeem Your Cashback Rewards. We may temporarily suspend your Account from earning Cashback Rewards, or using Cashback Rewards you have already earned, if any of the following occurs:
If we suspend your participation in the Program, you may begin earning and using Cashback Rewards again in the next Billing Period after your Account is current or when we no longer suspect fraud or misuse of the Account or Program.
8. When You May Lose Your Cashback Rewards. Your Cashback Rewards do not expire, subject to Section 6 of these Terms, as long as your Account is open. If you lose your Cashback Rewards pursuant to these Terms, we will not reinstate them unless we have made an error.
9. Communications. We may send you communications about the Program at any mailing or email address we have for you in our records, or through our website, www.key.com, or our mobile applications. We may change or terminate all, or part, of these Terms. Any such changes to these Terms will be in accordance with applicable law, and we will provide you with notice as required by law.
10. Other Important Information.
Last Version: December 2020