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Thank you for selecting the financial wellness services offered by KeyBank National Association ("KeyBank") (sometimes referred to as "Financial Wellness Services", "HelloWallet", "we", "our", or "us") on this website and related applications. The Financial Wellness Services are intended entirely for the benefit of individual users of the service. Our goal is to help users to aggregate their personal information and to review, manage and track their personal finances. KeyBank may use the information we collect to offer products and services to you, in accordance with the KeyCorp Privacy Notice.

Your use of the Financial Wellness Services is governed by: (1) these Terms of Use of the HelloWallet applications and web sites, (2) the KeyCorp Online Privacy Statement and (3) the KeyCorp Privacy Notice that describes what information we collect from our users and how we may use it. Please review all parts (together "Agreement") thoroughly. By indicating acceptance electronically, accessing or using the Financial Wellness Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Financial Wellness Services.

Effective January 13, 2018

Scope

The Financial Wellness Services allow users to aggregate their personal financial information as well as assist users to review, manage, and track their personal finances. This Agreement describes the terms governing your use of the Financial Wellness Services provided to you through the HelloWallet applications, websites and software, including content, updates and new releases (collectively, the "Services"). It includes by reference:

Any terms provided separately to you for the Financial Wellness Services, including for example, web or email product or program terms, ordering, and activation, for the Financial Wellness Services.

Not A Financial Planner, Broker Or Tax Advisor

KEYBANK DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU SHOULD CONTACT YOUR TAX ADVISOR, ACCOUNTANT AND/OR ATTORNEY BEFORE MAKING ANY DECISIONS WITH TAX OR LEGAL IMPLICATIONS.

Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Financial Wellness Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider whether it may be appropriate to obtain additional tailored advice from your accountant or other financial advisors who are fully aware of your individual financial circumstances.

Your Rights To Use The Services And Restrictions

The Financial Wellness Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited right to use the Financial Wellness Services, and KeyBank reserves all rights of ownership in the Financial Wellness Services not expressly granted to you in writing here. Subject to the termination provisions set forth below, for so long as you comply with this Agreement, KeyBank grants to you a personal, limited, nonexclusive, nontransferable right to use the Financial Wellness Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by KeyBank on the website for the Financial Wellness Services. If, notwithstanding the foregoing you grant access to your account or the Financial Wellness Services to any other person, you will be in violation of this Agreement and you will be solely responsible for any actions taken by any such person, as well as any damages or losses caused by any such person to you, KeyBank, or others. KeyBank may make the Financial Wellness Services available via mobile applications or other downloadable software and hereby grants you a limited, non-exclusive, revocable, non-transferable, right and license, without the right to grant or authorize sublicenses, to install and use such software on any mobile phone, tablet or other device on which the software is installed (each a "Device"). You may use the software only on a Device owned or controlled by you, solely for your own individual, non-commercial use. This Agreement will also govern any updates and/or upgrades to the software that are made available by KeyBank to you, unless such updates or upgrades are accompanied by a separate license agreement, in which case the terms of that license agreement will supersede this Agreement.

You agree not to use the Financial Wellness Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by KeyBank in writing, you agree you will not:

  1. Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction program, tool, utility, algorithm or methodology to access, acquire, copy or monitor any portion of the Financial Wellness Services, without KeyBank’s express written consent, which may be withheld in KeyBank’s sole discretion;
  2. Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Financial Wellness Services, other than the search engines and search agents available through the Financial Wellness Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);
  3. Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Financial Wellness Services; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Financial Wellness Services.
  5. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Financial Wellness Services.
  6. Attempt to access any other HelloWallet systems that are not part of these Services.
  7. Excessively overload the HelloWallet systems used to provide the Financial Wellness Services.

The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Financial Wellness Services may be terminated by KeyBank in its sole discretion.

You are solely responsible for maintaining and securely managing your password(s) for access to the Financial Wellness Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact KeyBank immediately by e-mail at the address provided under the heading "Account Security," below.

The Financial Wellness Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Financial Wellness Services. You agree to receive these updates automatically as part of the Financial Wellness Services.

You are responsible for your own actions while using the Financial Wellness Services. In particular, you should not use the Financial Wellness Services while driving or at any other time when use of the Financial Wellness Services may disrupt your attention to other matters and result in injury to yourself or others.

Information You Provide to KeyBank

When you use the Financial Wellness Services you create a personal profile and upload your financial information to KeyBank’s facilities or authorize KeyBank to import that information from your financial institutions. You may also interact with other users of the Financial Wellness Services from time to time. You warrant and represent that you own or otherwise have a right to provide, or authorize your financial institution(s) to provide, all of the information you provide or cause to be provided to KeyBank through your use of the Financial Wellness Services. (the "Content"). You agree that KeyBank is not responsible for your choices of and changes to any Content you provide in the course of using the Financial Wellness Services. You agree that you will not use the Financial Wellness Services to share, store, or in any way distribute financial data for purposes that are not in accordance with the law. Any Users suspected of having used the Financial Wellness Services to acquire, provide or share information for purposes that include fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and may be reported to law enforcement officials in the appropriate jurisdictions. KeyBank is not responsible for any violations of law that may result from the Content or data you submit on the website.

You agree not to use the Financial Wellness Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack upon or "flaming" of others, or that could lead to criminal or civil liability under any local, state, federal or foreign law;
  2. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
  3. Except as otherwise permitted by KeyBank in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communications, spamming or flooding;
  4. Virus, trojan horse, worm, spyware, spamware, malware or other disruptive or harmful software or data; and
  5. Any information, software or Content which is not legally yours and may be protected by patent, copyright, trade secret or other proprietary right, or derivative works thereof, without permission from the copyright owner or intellectual property rights owner.

KeyBank may freely use feedback you provide. You agree that KeyBank may use your feedback, suggestions, or ideas in any way, including in future modifications of the Financial Wellness Services, other products or services, advertising or marketing materials. You grant KeyBank a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to KeyBank in any way.

KeyBank may monitor your Content from time to time. KeyBank may, but has no obligation to, monitor content on the Financial Wellness Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect KeyBank or its customers, or operate the Financial Wellness Services properly. KeyBank, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, believed to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

You hereby acknowledge that KeyBank may, from time to time, establish general practices and limits concerning the use of the Financial Wellness Services, including without limitation the maximum number of days that Content will be retained by KeyBank. You further acknowledge and agree that KeyBank reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice: except that material changes to the Privacy Notice will be communicated to you using the email address that you provide in connection with the Financial Wellness Services.

Use and Validity of E-Mail Notices; E-mail Account

By providing your e-mail address to KeyBank, you agree that KeyBank may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail address as you designate. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be provided in HTML (or, if your system does not support HTML, in plain-text) format either in the text of the applicable e-mail or through an embedded link to the appropriate page on our website, which should be accessible through any standard, commercially available internet browser. Notwithstanding the foregoing, KeyBank may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate. Additionally, and notwithstanding anything to the contrary, if you are enrolled in the Financial Wellness Services under an employer or third party sponsored program, KeyBank may impose limits or prohibitions on the use of non-employer or non-sponsoring entity e-mail accounts that may restrict or limit your ability to use a personal or other e-mail account in conjunction with the Financial Wellness Services. In using the Service, you also should be aware of any employer restrictions on communications through employer-provided communications facilities.

Any legal notices by you to KeyBank relating to this Agreement should be sent by you to KeyBank by e-mail to the following address: support@financialwellness.keybank.com.

Account Information from Third Party Sources

When you use the Financial Wellness Services, you may link your HelloWallet account to non-KeyBank third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions. With your permission, KeyBank also may obtain information about you from third party entities that may be useful to you in assessing your financial health (together with the information from financial institutions the "Account Information"). Such permission-based acquisition of information about you from third-party entities is separate from any information we collect about you in the course of market research and determinations of eligibility for the Financial Wellness Services, in which we may engage before you subscribe to the Financial Wellness Services and which is not subject to these Terms of Use. KeyBank works with one or more online financial service providers to access this Account Information. KeyBank makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement and KeyBank is not responsible for the products and services offered by or on third-party sites.

KeyBank cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Financial Wellness Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Financial Wellness Services, in the manner prescribed in the associated instructions.

You authorize KeyBank to access your Account Information maintained by identified third parties, on your behalf as your agent. When you add outside financial institutions to your HelloWallet account, you will be directly connected to the website for the third party you have identified. KeyBank will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit KeyBank to use and store information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Financial Wellness Services so that they can collect your Account Information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Financial Wellness Services, you grant KeyBank a limited power of attorney, and appoint KeyBank as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN KEYBANK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, KEYBANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Financial Wellness Services are not sponsored or endorsed by any third parties accessible through the Service.

Privacy and Account Security

KeyBank will protect and share your information as described in the KeyCorp Privacy Notice. You are responsible for maintaining the privacy and security of your password and other security information. When you provide logon credentials for non-KeyBank financial accounts, this logon information is encrypted. Your logon credentials are used to establish a secure connection with your financial institution in order to download and categorize your transaction information securely and automatically. Your logon credentials cannot be changed or modified by KeyBank or its service providers, and they are stored securely in a separate database using multi-layered hardware and software encryption. We only store the information needed to automatically update your financial information. You are also responsible for maintaining the integrity of your hardware and operating system to prevent viruses, spyware or other malicious software from stealing your password information or data. KeyBank bears no responsibility for unauthorized access to your financial account as a result of your failure to follow appropriate security precautions.

If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify KeyBank by e-mail to: support@financialwellness.keybank.com.

Non-KeyBank financial account information may be used by KeyBank to provide the Financial Wellness Services, to recommend products and services and for other permissible KeyBank business purposes, in accordance with the KeyCorp Privacy Notice.

You can delete a non-KeyBank financial account from the Financial Wellness Services at any time. Such deletion will not affect information or content retrieved prior to that deletion.

Alerts

KeyBank may provide automatic or voluntary account-related alerts from time to time. KeyBank may deliver these alerts to your computer, mobile phone, or other device or by such other method of using the Financial Wellness Services that you select and KeyBank supports.

Automatic alerts may be sent to you following certain changes made to your HelloWallet account, such as a change in your account information. KeyBank may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Financial Wellness Services.

Voluntary account alerts initially may be turned on by default as part of the enrollment process for the Financial Wellness Services. They may then be customized, modified, deactivated or reactivated by you through changes to your account settings. KeyBank may add new alerts from time to time, or may cease to provide certain alerts at any time in its sole discretion. Each alert will have different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts may be sent by us to the email address, mobile phone number or other contact information or account you have provided as your primary email address, mobile phone number, or other contact address for the Financial Wellness Services and you may subsequently set your alerts to go to one or more accounts or devices. By providing a mobile device contact number, and by agreeing to these Terms of Use, you agree that we may use an automatic telephone dialing system and artificial/prerecorded voice technology to send voice or text alerts to the number you provided. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your alerts.

Alerts to mobile phone numbers may trigger charges from your mobile carrier or other third parties. To the extent that KeyBank is assessed fees by any mobile carrier or required to pay fees to any mobile messaging aggregator or vendor in order to provide mobile alerts, KeyBank will pass-through such charges to you.

Alerts are not encrypted and may include some information about your accounts. Anyone with access to your email, mobile phone, or other device or accounts receiving alerts will be able to view the content of these alerts and it is your responsibility to maintain the privacy and security of this information. Furthermore, if your computer, mobile phone, or other device or account that is receiving or previously has received alerts is lost, stolen, or misplaced, or is otherwise compromised, KeyBank is not and cannot be responsible for any information or alerts that may be accessed by third parties and you are encouraged in any such case to immediately change your password and login ID from a secure device.

Any automatic or voluntary alerts provided by KeyBank may be delayed, blocked, or prevented by a variety of factors. While KeyBank will use reasonable efforts to provide alerts in a timely manner with accurate information, we can neither assure nor guarantee the timely delivery or the accuracy of the information contained in any alert. You agree that KeyBank will not be liable or responsible for: any delays, blockage, failure to deliver, or misdirected delivery of any alert, any errors in the information contained in an alert; or for any actions taken or omitted to be taken by you or any third party as a result of or in reliance upon any alert provided by us or not delivered by us.

Disclaimer Of Warranties; Limitation Of Liability

YOUR USE OF THE FINANCIAL WELLNESS SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE FINANCIAL WELLNESS SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. KEYBANK, ITS AFFILIATES, PARTNERS (INCLUDING EMPLOYERS THAT SPONSOR SERVICES ACCOUNTS AND THEIR THIRD PARTY ADMINSTRATORS THROUGH WHOSE SITE THE FINANCIAL WELLNESS SERVICES MAY BE MADE AVAILABLE) AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE FINANCIAL WELLNESS SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE FINANCIAL WELLNESS SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE FINANCIAL WELLNESS SERVICES. KEYBANK AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE FINANCIAL WELLNESS SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE FINANCIAL WELLNESS SERVICES, WHICHEVER IS SOONER.

KEYBANK AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE FINANCIAL WELLNESS SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE FINANCIAL WELLNESS SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF KEYBANK, AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO KEYBANK FOR THE FINANCIAL WELLNESS SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM OR $100. KEYBANK AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HELLOWALLET SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF KEYBANK AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF KEYBANK AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE FINANCIAL WELLNESS SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO KEYBANK TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE FINANCIAL WELLNESS SERVICES AND OTHER OFFERINGS PROVIDED BY KEYBANK.

Indemnification

You agree to indemnify and hold KeyBank and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Financial Wellness Services or breach of this Agreement (collectively referred to as "Claims"). KeyBank reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by KeyBank in the defense of any Claims.

Changes To This Agreement Or The Services

We may change this Agreement from time to time, and the changes will be effective when posted on KeyBank's website for the Financial Wellness Services, through KeyBank's account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Financial Wellness Services, in whole or in part, including but not limited to, the Internet based services, technical support options, and other product-related policies. Your continued use of the Financial Wellness Services after KeyBank posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

KeyBank may immediately and without notice terminate this Agreement or suspend the Financial Wellness Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Financial Wellness Services and any outstanding payments will become due. Our Privacy Notice and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Not a Financial Planner, Broker or Tax Advisor, Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may cancel your account or any part of the Financial Wellness Services at any time.

Upon termination of your account for any reason, KeyBank may delete any of your content, listings, messages or other information in connection with your Account; prohibit your access to your Account, including without limitation by deactivating your password; and refuse your future access to the Financial Wellness Services.

Copyright And Trademark Notices

All materials of the Service (as well as the organization and layout of the Service are owned and copyrighted or licensed by KeyBank, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the KeyBank website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of KeyBank. Any rights not expressly granted herein are reserved. KeyBank, the HelloWallet logo, other HelloWallet logos and product and service names are trademarks of KeyBank National Association (the "HelloWallet Marks"). You agree not to display or use the HelloWallet Marks in any manner whatsoever without KeyBank's prior permission.

The Financial Wellness Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. KeyBank does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. KeyBank disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Financial Wellness Services.

Governing Law And Jurisdiction

Our Website (excluding linked sites) is controlled by us from our offices in the District of Columbia, United States of America. All matters relating to your access to or use of our Website shall be governed by the laws of the State of Ohio, and the federal laws of the U.S.A., without regard to any conflicts of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are hereby expressly excluded and shall not apply to the this Agreement and the Financial Wellness Services, Products and Materials accessed hereunder.

We make no representation that our Products, Materials or Services available on our Website are lawful, appropriate or available for use in any location outside Ohio, and your accessing them from territories where the same or their content is unlawful or illegal is prohibited. You are solely responsible for compliance with local laws where you reside or are located. If you use our Website or our Products, Materials or Services for any unlawful or illegal purpose, you must promptly reimburse us for all losses, costs and expenses incurred by us as a result of such use.

You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts and federal courts in Cuyahoga County, Ohio, with respect to all matters relating to your access to or use of our Website or any Product, Material or Service. You irrevocably consent to such jurisdiction and venue.

General

You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and KeyBank and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. KeyBank’s right and remedies under this Agreement are intended to be cumulative and any failure by KeyBank to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which KeyBank is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of KeyBank’s rights or remedies, all of which will still be and remain available to KeyBank.

Variances in Terms for Employer or Third Party Sponsored Programs

If you are enrolled in the Financial Wellness Services under an employer or third party sponsored program, the provisions of these Terms of Use as applied to you may vary in one or more ways from those set forth above, but only if you are notified in writing.