Online Banking Service Agreement and Disclosure
This Online Banking Service Agreement and Disclosure (“Agreement”) is between KeyBank National Association (herein called “KeyBank” or “we” or “us” or “our”) in our capacity as the operator of our Internet website, www.key.com, (“Website”) and our Internet customers who subscribe to this Service. Our customers who access and use the Services are referred to in this Agreement as “you” or “your” regardless of number or gender. When you enrolled in this Service on our Website, such action constitutes your written signature to and approval of, and intent to be bound by, this Agreement and all future amendments hereto.
1. DESCRIPTION OF SERVICES
The financial services (the “Services”) covered by this Agreement include, but are not limited to, one or more of the following, which are provided through the Website:
(a) Only for deposit customers of KeyBank:
- Online Banking;
- Online Bill Pay;
- eBill Service;
- Expedited Online Bill Pay;
- Online Statement Delivery;
- Transfer funds between eligible Activated Accounts that are deposit accounts at KeyBank or other Financial Institutions;
- Payments to any credit, loan account, or Mortgage made or held by KeyBank;
- Download of financial data to a third party;
- Electronic mail (“Email”) to or from us;
- Payments or transfers of funds to a Mortgage from an eligible Activated Account;
- Service requests for stop payments, copies of check items older than eighteen (18) months, and photo copies for deposit accounts;
- Submit an Electronic Dispute Record for eligible transactions; and
- Transfer funds between eligible commercial loans/lines of credit and checking accounts.
(b) Only for customers of KeyBank enrolled in the KeyBank Rewards® Program:
- View total Rewards Points balance for all enrolled Eligible Products, as well as for each individual Eligible Product; and
(c) Only customers of Key Investment Services, LLC (“KIS”) may access the Services below, but may not have use of the services above, unless you have a customer relationship with KeyBank:
- Online Investing Services, including brokerage account information; and
- Email to, or from, us.
(d) Only for customers of KeyBank enrolled in Financial Wellness Services:
- Aggregate personal financial information across multiple accounts to assist in reviewing, managing, and tracking personal finances;
- View your Wellness Score; and
- View applicable financial insights and alerts.
(e) Credit Card customers may have access to the services outlined in subsections (a) through (d) above, depending on the nature of their relationship with KeyBank and/or KBCM. Only Credit Card customers of KeyBank may access the services below:
- Support of Authorized Users for business Credit Card accounts.
(f) KeyBank loan account (“Loan Account”) customers, including residential mortgage loan accounts, home equity loan and line accounts, and other consumer loan accounts, may have access to the services outlined in subsections (a) through (d) above, depending on the nature of their relationship with KeyBank. Only Loan Account customers of KeyBank may access the services below:
- Loan Account information, including provisional payoff information;
- Payments or transfers of funds to a Loan Account from an eligible Activated Account; and
- Email to, or from, us.
(g) All new online features and functions to our Website added by us will be subject to this Agreement, as amended from time to time.
2. AGREEMENTS AND DISCLOSURES
This Agreement supplements and modifies your deposit account agreements with us (the “Deposit Agreements”) and incorporates by reference our Rules and Regulations for KeyBank World Wide Website (the “User Agreement”), the KeyBank Rewards® Program Terms and Conditions (the “Rewards Agreement”) and the Cardmember Agreement and accompanying Rates and Fees Table and the Additional Terms of Your Cardmember Agreement, as applicable for Credit Card customers (the “Cardmember Agreement”). If there is any conflict between any term of any Deposit Agreement or our User Agreement posted on our Website, the Rewards Agreement, or the Cardmember Agreement and this Agreement, this Agreement shall control. Certain defined terms used herein are defined in other agreements referenced herein. If you are a deposit customer of KeyBank, you may have additional rights and duties under our “EFT Disclosure Statement”, which is collectively our Electronic Funds Transfer Disclosure Statement or our Disclosure Statement and Terms and Conditions for Electronic Funds Transfer Transaction that was delivered to you when you opened your deposit account with us.
3. ACTIVATED ACCOUNTS
If your relationship on any account with us is acceptable to us, your deposit accounts, credit accounts, loan accounts, and investment accounts may be available for your access by this Service (“Activated Accounts”). Activated Accounts may include: checking accounts, savings accounts, certificates of deposit, retirement (bank deposit) accounts, credit accounts, loan accounts, investment accounts, trust accounts, and other financial account types that may be available at a later date; you will be notified when this occurs. Information about your closed Activated Accounts may be accessed by this Service for seven (7) years after the date on which the applicable Activated Account was closed. Your closed Activated Accounts may be accessed by you up to eighteen (18) months after the date on which the applicable Activated Account was closed.
To activate the Service, you must first follow our enrollment procedures, using your debit card or following our other procedures for customer verification, authentication and security. You must have a valid Social Security number or federal tax identification number listed on each Activated Account. After enrollment, you may sign on with your User ID and Password to access and use each of the permitted Services, as further described herein.
5. USER ID; PASSWORD
You will need a user identification name selected by you (“User ID”) and an authorized personal identification number or code (the “Password”) to use the Services. You agree to use your best efforts to keep your User ID and Password confidential at all times and to prevent any disclosure of your User ID and Password to any other person or entity. To help safeguard your security, you should change your Password frequently. If you forget your Password, you must contact us online. You assume all responsibilities for and all risks of loss from your providing personal information, including, but not limited to, your User ID and Password, to any third party website that spoofs or otherwise imitates the Key website, or by linking to third party websites from unauthorized Email, and you hereby release us from all liabilities and obligations in connection with such actions by you.
6. ONLINE BILL PAY SERVICE AT KEYBANK
When you enroll in the Online Banking Service, you will be automatically enrolled in “Online Bill Pay”, our bill payment service. Online Bill Pay allows you to make payments in United States Dollars from your selected checking account (a “Payment Account”). You can only make payments to Payees within the United States. A “Payee” is a person or business you are paying. When using Online Bill Pay, you must send your payment instructions to us at least four (4) business days before the Due Date for payments sent by check and two (2) business days for payments sent electronically before the Due Date. The “Due Date” is the date specified by the Payee's bill or invoice for payment. It is your responsibility to schedule your payments in such a manner that payments are delivered on time. Recurring payments must be the same amount each time. Any payment request you designate for a weekend or holiday will be made on the next business day. You may change or cancel any requested payment you have scheduled in advance in accordance with this Agreement if you send your change or cancellation instructions via your Internet access equipment to us before the Cutoff Time on the Payment Transmittal Date for the applicable payment. Your changes or cancellations will not be accepted or processed by us after the applicable Cutoff Time. Cancellation of a requested payment is not a stop payment order, and there is no service charge for your change or cancellation. When you send us a payment instruction, you authorize us to charge your Payment Account accordingly. In our discretion, we may decide to process the payment as a service to you even if there are insufficient funds in your Payment Account. Normal overdraft fees may apply. Notwithstanding any provision of this Agreement, we reserve the right to refuse to honor and pay any payment request. We are not responsible for any disputes, claims, or defenses you may have with any Payee. We reserve the right through Online Bill Pay to select the method by which to remit funds on your behalf to your Payees. You may make more than one payment a day to a single Payee, but no single payment may exceed $25,000. You agree to notify us promptly if you receive notice from a Payee that a payment request you made to that Payee through our Service remains unpaid.
You may also use KeyBank Mobile Banking to make Online Bill Pay payments. Only the preceding ninety (90) days payment activity will be displayed in KeyBank Mobile Banking. Only same-day transfers to your other KeyBank accounts are permitted through KeyBank Mobile Banking. All Online Bill Pay payments and applicable intrabank transfers are subject to the Hours of Operation and Cut-Off Times disclosed herein or in your Deposit Agreements, as they may be amended from time to time.
Subject to the terms of this Agreement, we promise to deliver Online Bill Pay payments to your Payees in a timely manner according to your properly entered instructions. In the event a Payee updates your account information in its records and you do not update your Payee account information in Online Banking, we may process your payment in accordance with the information you provided. You acknowledge and agree that the account information as updated by the Payee may appear in the record of your payment in Online Banking and may differ from the Payee information entered by you. It is your sole responsibility to add your Payees and to ensure Payee information is accurate and up to date. We are not responsible for any Payee information entered incorrectly. As long as you give us timely notice within sixty (60) days after the date of the statement on which the error first appears in your Payment Account in accordance with the error resolution procedures in the Agreement or described in the EFT Disclosure Statement applicable to consumer electronic funds transfer transactions, we will reimburse you for the service charges that you have incurred from a Payee due to our failure to comply with any Online Bill Pay payment instruction that you entered and we confirmed in accordance with this Agreement. This commitment does not cover delays or losses of payments by the U.S. Postal Service or any other common carrier, tax payments, court ordered payments, or any payment request not honored by KeyBank.
This feature enables you to receive bills from your Payees electronically through the Online Banking Service. By activating the eBill feature, you can receive presentment of electronic bills (“eBills”) from your Payees who offer electronic billing and are set up by you for eBills in Online Banking. If you elect to activate the eBill feature, you agree to the following:
Activation. Upon activation of the eBill feature you authorize notification to the Payee of your request to receive electronic billing information. The presentment of your first eBill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your bills is at the sole discretion of the Payee. While your eBill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
Information provided to the Payee. We are unable, through the eBill Service, to update or change your personal information with the electronic Payee such as, but not limited to, name, address, phone numbers and Email addresses. Any changes will need to be made by you, by contacting the Payee directly. It is your sole responsibility to provide accurate contact information to each of your Payees. Additionally it is your responsibility to maintain all user IDs and passwords for all electronic Payee sites. You may be required to provide your user ID, password, security questions, or other security procedures for access to a Payee website in order for you to receive eBills for a particular Payee, and if required, you authorize this information to be used in the Service as described in this paragraph. You also agree not to use someone else's information to gain unauthorized access to another person's bill. Also as part of the enrollment process, you may be required to accept the terms and conditions applicable to electronic billing for a particular Payee, either on your own behalf or as the authorized representative of your business, and you agree that your acceptance of the Payee’s terms and conditions, online agreement or other disclosure is authorized and binding on you as set forth in Paragraph 16 hereto.
Non-Delivery of electronic bills. You agree to hold us harmless should the Payee fail to deliver your bills. It is your sole responsibility to contact your Payees directly if you do not receive any bill. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Accuracy and dispute of electronic bills. We are not responsible for the accuracy of your electronic bills. The eBill service will only present the information received from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
Notification. We will not provide any notice of your electronic bills other than such notice as appears within Online Bill Pay. Notification from Payees to KeyBank may vary from Payee to Payee. It is your responsibility to periodically logon to Online Banking to check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification. The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may also cancel eBill presentment at any time. The time frame for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. By indicating within the eBill feature that you wish to cancel eBills, you authorize notification to your electronic Payee(s) as to the change in status of your account. It is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
This Agreement and your use of eBills do not alter your liability or obligations that currently exist between you and your Payees. You are solely responsible for paying your bills on time regardless of whether you use eBills.
B. EXPEDITED PAYMENTS
This feature will allow you to make expedited payments using the funds in your Payment Account to Payees located in the United States for a fee as set forth below (“Expedited Payments”). Expedited Payments may be delivered to the Payee electronically or via paper check. Expedited Payments by check will not be delivered to post office box addresses or to locations in Alaska, Hawaii, or any foreign or U.S. territory outside of the contiguous forty-eight States and the District of Columbia. It is your sole responsibility to enter and verify any address for Expedited Payment by check to ensure it is correct and is specified as a valid overnight package address by your Payee. Expedited Payments are processed when they are received, provided they are scheduled during the hours when the Service is available. Expedited Payments may only be scheduled from 4 a.m. to 7 p.m. ET, Monday through Friday. Expedited paper check payments may be delivered next day but time of delivery may depend on the time of day that the transaction is scheduled by you. Next day delivery is not guaranteed. The fee charged for the Expedited Payments service is $9.95.
You agree that you will pay all fees and charges in connection with your use of the Expedited Payments feature through Online Banking. You agree that delivery of Expedited Payments is subject to circumstances outside our control which may delay or make delivery impossible, and that we will not be liable for such circumstances.
7. KEYBANK REWARDS® PROGRAM
If you are an existing KeyBank Rewards Program (“Rewards Program”) member, when you enroll in the Online Banking Service, you will automatically be able to view your total available Rewards Points balance across all of your Eligible Products, as well as for each individual Eligible Product enrolled in the Rewards Program.
8. KEYBANK MOBILE BANKING
When you enroll in the Online Banking Service, you will automatically have access to our KeyBank Mobile Banking service (“KeyBank Mobile Banking”), which includes software applications compatible for use on any compatible iPhone® or other mobile device operating on Apple’s iOS® mobile operating system, or any compatible mobile device operating on the Android™ operating system (each an “Eligible Mobile Device”). The list of Eligible Mobile Devices is available on the Website, and is subject to change without notice. By identifying a cellphone, smartphone, or other device as an Eligible Mobile Device for use with KeyBank Mobile Banking, KeyBank does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such a device. You are solely responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier. iPhone® and iOS® are trademarks of Apple Inc. Android™ is a trademark of Google Inc. Use of this trademark is subject to Google permissions (google.com/permissions).
KeyBank Mobile Banking is designed to supplement the Online Banking Service. The transaction activity displayed through KeyBank Mobile Banking is for informational purposes only and is not equivalent to the official statement information on our records. Our records shall control if there is any conflict with any information displayed on KeyBank Mobile Banking. KeyBank Mobile Banking will only return pending and cleared transaction history for the last ninety (90) days, and will return such results twenty-five (25) transactions at a time. Additionally, you may use the QuickView function on your Eligible Mobile Device to view the last three (3) transactions in your selected accounts with your finger (“QuickView”).
Except as otherwise required by applicable law or regulation, we may terminate your use of KeyBank Mobile Banking and/or expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the Service, change the enrollment process and transaction limits associated with it from time to time based on security issues and other factors, or discontinue, modify, add, or remove features from the Service, all at any time in our sole discretion. Your continued use of KeyBank Mobile Banking, or any of its features, will constitute your acceptance of, and agreement to, such changes.
B. AUTHORIZATION; CONSENT TO USE OF DATA
KeyBank Mobile Banking may be accessed on an Eligible Mobile Device by any customer of KeyBank with an Activated Account currently enrolled in the Online Banking Service and a User ID and Password that provides access to your account via Online Banking. As an alternative to your Password, you may elect to set up a personal identification number (“PIN”) on any Eligible Mobile Device. If your Eligible Mobile Device has fingerprint sensor technology, you may use your fingerprint to log into KeyBank Mobile Banking. Please note, however, that access to certain features may require an additional level of “step-up” authorization. You acknowledge and agree that you are solely responsible and liable for any and all activity related to access on or through your Eligible Mobile Device by you or any third party (a “Guest User”), and you hereby waive any claim that access through your Eligible Mobile Device by any Guest User was unauthorized. You understand and agree that the QuickView feature does not require you to log into KeyBank Mobile Banking, and may be viewed by a Guest User, even if they are not authorized by you to use your Eligible Mobile Device.
You acknowledge and agree that we may collect, transmit, store, and use technical, location, and login or other personal data and related information, including, but not limited to, technical information about your device, system, and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of Software updates, product support, and other services to you (if any) related to, or in connection with, the Software or KeyBank Mobile Banking. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provider services or technologies.
C. FEES AND CHARGES
There is no fee to use KeyBank Mobile Banking; however, regular account charges will apply to the Services and features accessible through KeyBank Mobile Banking. The telecommunications carrier of your Eligible Mobile Device may impose an extra fee in order to make such Eligible Mobile Device ‘wireless web enabled.’ Usage of KeyBank Mobile Banking through your telecommunications carrier’s web services or other third party provider’s WiFi service may also result in additional data charges from your telecommunications carrier or other third party provider.
D. OWNERSHIP AND LICENSE
You acknowledge and agree that KeyBank is the owner of all right, title and interest in, and to, the mobile technology solution made available to you hereunder, including, but not limited to, any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they exist (collectively referred to herein as the “Software”). By accessing the Software or using KeyBank Mobile Banking, you agree to be bound by the terms of this Agreement. This Agreement will also govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
You are granted a personal, non-exclusive, non-sublicensable, non-transferable license to install and use the Software (in machine readable object code only) only on an Eligible Mobile Device you own or control, solely for your personal use and as expressly permitted herein (“License”). This limited right to use the Software is revocable at our discretion. This is not a sale of the Software. All rights not expressly granted to you under this Agreement are hereby reserved by KeyBank. Nothing in this License shall entitle you to receive hard copy documentation, technical support, telephone assistance, or updates to the Software. You agree that we shall have no obligation to correct any bugs, defects or errors in the Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance KeyBank Mobile Banking or the Software. This License may be terminated at any time, for any reason or no reason, by you or us. Upon termination, you agree to immediately destroy all copies of any Software which has been downloaded to your Eligible Mobile Device or otherwise in your possession or control.
The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 C.F.R. § 12.212 (Computer Software) or DFARS 227.7202 (Commercial Computer Software and Commercial Computer Software Documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
You agree not to (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Software, including, but not limited to, any trademark, logo, or copyright.
F. MOBILE DEPOSIT
KeyBank Mobile Banking’s remote deposit capture feature (“Mobile Deposit”) is designed to allow you to make deposits to your eligible Online Banking accounts (“Eligible Account”) by scanning checks and delivering the image and associated deposit information to KeyBank. Eligibility is determined on an account-by-account basis. We may, in our sole discretion, change the eligibility requirements for Mobile Deposit without prior notice. Please see the Mobile Deposit website at www.key.com/deposit for a current listing of eligible accounts.
We reserve the right to change, suspend, or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, at any time, and without any prior notice to you. Except as expressly provided in this Agreement, deposits made through Mobile Deposit are subject to all limitations and terms set forth in the Deposit Agreements governing your account, as they may be modified from time to time, including, but not limited to deposit acceptance, crediting, collection, endorsement, processing order, and errors.
Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Mobile Deposit by writing “KeyBank Mobile Deposit Only” after your signature, or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. You also agree to furnish any information in your possession that we may request regarding a check or item presented for deposit or deposited through Mobile Deposit. You further agree to cooperate with us in the investigation of any unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
Receipt of Items. We reserve the right to reject an item transmitted through Mobile Deposit, at our discretion. We are not responsible for checks or items we do not receive in accordance with this Agreement or for items that are dropped or damaged during transmission. An image of a scanned item is deemed received when you receive confirmation from us that we have received the image. Receipt of such information does not mean that the transmission was error free, properly processed or complete, or that funds will be credited for that check or item. You agree we are not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item. By using Mobile Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. You agree that we bear no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Funds Availability; Cut-Off Times. We will make funds available for checks and items received, accepted, and successfully processed through Mobile Deposit in accordance with our standard Funds Availability Policy, as outlined in your Deposit Agreements. Deposits made using Mobile Deposit to an Eligible Account after 11:00 p.m. Eastern Time on any business day will be considered received by KeyBank on the next business day.
Deposit Limits. We reserve the right, at any time in our discretion, to impose limits on the amount(s) and/or number of deposits you may make over a certain period of time. If you attempt to make a deposit in excess of your limit, your deposit may be rejected. If you are permitted to make a deposit in excess of your limit, such deposit is still subject to this Agreement, and we are not obligated to accept a similar deposit at other times. The current monthly dollar limit is $10,000.00 for any consecutive thirty (30) calendar day period for clients with a relationship account, and $5,000.00 for any consecutive thirty (30) day calendar period for clients who do not have a relationship account. A current list of relationship and non-relationship accounts may be found at www.key.com/depositlimits. There is no daily or monthly limit on the number of items that may be deposited, as long as the respective monthly dollar limits are not exceeded. To continue to be eligible to use Mobile Deposit, you may not have overdrafts or returned checks deemed excessive by us in our sole discretion.
Presentment. The manner in which checks or items are cleared, presented for payment, and collected shall be in our sole discretion as set forth in the Deposit Agreements.
Image Quality. The scanned image transmitted to us using Mobile Deposit must be legible. The image quality of the check or item must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by KeyBank, and with requirements set by any clearing house used by us or regulatory agency with authority over us.
Disposal of Items. You agree to retain any check or item submitted through Mobile Deposit for fourteen (14) days after you have received confirmation from us that we have received your deposit (“Retention Period”). After the Retention Period, you agree to destroy the scanned check you presented for deposit, prominently mark it “VOID,” or otherwise render it incapable of further transmission, presentment, or deposit. You agree to promptly provide the check to us during the Retention Period, if requested. You agree never to represent to us, or any other party, a check or item that has been deposited through Mobile Deposit unless you are notified by us that the check or item will not be accepted for deposit through Mobile Deposit.
Representations and Warranties. You represent and warrant to us that: (i) you will only submit eligible checks and items, and all checks or items will include all signatures required for their negotiation(s); (ii) you will not transmit duplicate items, nor will you deposit or negotiate, or seek to deposit or negotiate, any previously transmitted check or item with any third party; (iii) images will meet our image quality standards in effect from time to time; (iv) all information you provide to us is accurate and true, including that all images submitted through Mobile Deposit accurately reflect the front and back of the check or item at the time it was scanned; (v) you will use Mobile Deposit only for your only deposits and will not allow use of Mobile Deposit by way of a service bureau business, timesharing, or otherwise disclose or allow use of Mobile Deposit by or for the benefit of any third party; (vi) you will comply with the terms of this Agreement, and all applicable laws, rules, and regulations; (vii) you are not aware of any factor which may impair the collectability of any item; and (viii) you agree to indemnify and hold us harmless from any loss or breach of the foregoing representations or warranties.
9. RESTRICTIONS ON SERVICE
The Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. We may restrict the availability of the Website and the Service 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, or TTY/TDD at 800-539-8336, for the current list of countries where transactions are restricted.
10. ONLINE INVESTING SERVICE
When you enroll you may access your Investments accounts, subject to your "Key Investment Services Service Agreement and Disclosure" which is incorporated herein and made a part of this Agreement and shall apply to your use of the Services to the extent you are a KIS client.
11. ONLINE STATEMENT DELIVERY SERVICE AT KEYBANK
When you enroll in the Service, certain copies of your account statements for Activated Accounts may automatically be provided online in the Service. However, if you have elected to receive paper copies of your account statements in the mail, you will continue to receive them in paper form until you elect to enroll in online delivery of your account statements for Activated Accounts. You will only stop receiving paper copies of your account statements when you successfully enroll in online delivery of your account statements through the Service. When you enroll in online delivery of deposit, loan, line of credit, credit card and investment account statements for your Activated Accounts, you will receive these official account statements online, together with an Email alert notice advising you when the statement is available for viewing, subject to our "Online Statement and Document Delivery Service Agreement".
We do not guarantee that all, or specific, Activated Account Statements will be available to you electronically or eligible for electronic delivery.
12. EMAIL SERVICE
Unencrypted Email is not secure. You should not rely on Email if you need to communicate with us immediately; for example, if you need to stop payment on a check, to report a lost or stolen card, or an unauthorized transaction. You should not use Email, or reply to any Email, to send us your personal or any confidential information. We will not take action based on your Email request until we actually receive your message and have a reasonable opportunity to act. You agree to update your Email address on our records to maintain at all times a valid and active Email address at another Internet service provider. If you use any Online Banking function that requires us to send you Email, we may charge you a fee if our electronic communication to you is returned due to an invalid Email address and we resend this communication in writing to your postal mail address.
Email Alert. KeyBank, through the Website may, at our option, send one or more Email alerts on transactions or other activities pertaining to your Accounts visible through the Online Banking Service (“Bank-Initiated Alerts”). In addition, upon sign on to the application, you may select to receive specific Email alerts for specific accounts for delivery to your Email address on record with KeyBank (“Customer-Initiated Alerts”). Both Bank-Initiated Alerts and Customer-Initiated Alerts are Emails covered by this section. This Email alert service shall not modify any right or obligation that you or we may have under applicable law or any agreement with KeyBank. By using the Online Banking Service and selecting specific Email alerts, you acknowledge and agree we shall have no liability if any other person accesses, views, uses or discloses your Email notification content as all Emails are sent via unencrypted means through an unsecured internet. You understand and agree that delivery of Email notification is not guaranteed and may be subject to delay or non-receipt due to reasons that are not under KeyBank's control. You also agree that we are not responsible for any action not taken by you due to an alert or transaction triggering an alert. Any fees associated to receipt of these alert notifications that are applied by your internet service provider are your sole responsibility. Alert notifications will never include full account information, User IDs, or Passwords. Some information regarding balances, including Loan Account balances and payoff information, and transactions may be included. You hereby consent to KeyBank's delivery of these alerts to the Email address on its records, and you acknowledge that anyone with access to your personal Email account may be able to access this information. This means that a person who is able to access your Email will be able to see information relating to your Account contained in the alert. This service is provided for informational use only and should not replace your normal banking habits or processes. We may stop the alert notifications at any time, or may begin to charge a fee as determined.
13. YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS
Transactions made in your Activated Accounts by your use of the Services will appear on our official account statements you will receive for your Activated Accounts. Statement information, transaction information, and available balance that you view through this Service are in real time for checking, savings and certificate of deposit accounts. All other account balances and information are effective as otherwise indicated. The online statement displayed is for information purposes only and is not equivalent to the official statement information on our records. Our official statement records will control if there is any conflict with information displayed on your Internet screen.
14. UNSECURED CREDIT CARD ACCOUNT STATEMENT
If you have a KeyBank unsecured credit card account (“Credit Card”) and access daily transaction information, you acknowledge that KeyBank receives information from a third party vendor and is not liable for delays in providing updated information. This electronic record is for informational purposes only and does not satisfy the requirements of the federal Truth-in-Lending Act nor does it replace your monthly statement. Your monthly statement contains detailed payment information. This electronic record does not include information about your Cash Advance Credit Line on your Credit Card account. Only a portion of your Credit Line may be available for cash transactions; consult your monthly statement for details.
15. LOAN ACCOUNT
If you have a Loan Account, you acknowledge that KeyBank is not liable for delays in providing updated or real-time information through the Service. The electronic record is for informational purposes only and does not replace your Loan Account statement or any other disclosures or notices KeyBank provides to you.
Except as otherwise required by applicable law or regulation, you understand and agree that we may, at any time, for any reason and without notice: i.) terminate, suspend or reduce your use of, or access to, the Services available to your Loan Account; ii.) close, remove, terminate or suspend your Loan Account as an Activated Account available for the Services; or iii.) utilize a combination of these, or similar, actions.
Nothing herein affects, changes, supplements or modifies, in any way, our procedures and requirements for the submission of qualified written requests, notices of error or information requests concerning Loan Accounts; the procedures and requirements for which can found on www.key.com and on the back the your Loan Account statement.
A. AUTHORIZATION FOR LOAN ACCOUNT PAYMENTS
Upon agreeing to this Agreement, or upon the use of the funds transfer function of this online Service, we may allow you to utilize this online Service to transfer funds from an eligible Activated Account to credit or pay your Loan Account. The following terms and conditions govern these transfers.
Transfer(s). You hereby authorize us to accept your electronic instructions from time to time pursuant to this online Service in order to debit or transfer funds from your eligible Activated Account to credit or pay your Loan Account (the “Transfer”). You represent and warrant to us that you are the owner of all such Activated Account(s) and are authorized to debit and transfer funds from such Accounts and that no other party needs to authorize such debits and transfers. We are not responsible for any instructions or information entered incorrectly.
Adequate Funds. You agree to ensure that the eligible Activated Account you select has adequate funds to cover the Transfer. You agree that we are not obligated to honor your electronic instructions on our Website in connection with this Authorization if you fail to maintain adequate funds to cover the Transfer, and we shall not be liable for dishonor of checks or other items presented against the eligible Activated Account you selected due to insufficient funds caused by following your electronic instructions. You understand that normal overdraft fees or insufficient fund charges may apply, as further described in our EFT Disclosure Statement.
Transfer Date. You understand and agree that we will make, initiate, or otherwise attempt the Transfer on the date(s) provided by you in the electronic instructions we receive pursuant to this online Service (the “Transfer Date”). If the Transfer Date falls on a weekend, holiday, or non-Business Day, you authorize us to make, initiate or otherwise attempt the transfer of funds on the next Business Day following the weekend, holiday or non-Business Day. You acknowledge that choosing a Transfer Date after the periodic payment due date, or during any applicable grace period for your Loan Account, may incur additional fees and late charges, as described in the terms of the Loan Account, and may result in KeyBank sending late notices or reminders concerning the payment of the Loan Account.
Recurring Transfer. If you establish a Transfer such that it is recurring, automatic or preauthorized (a “Recurring Transfer”), you understand and agree that it will be the same amount each time. It is your sole responsibility to ensure the Recurring Transfer is sufficient to pay the amount due pursuant to the Loan Account. Except as required by applicable law, you understand and agree that we will not provide prior notice of Recurring Transfers.
Processing Times. All payments and applicable intrabank transfers made, initiated or otherwise attempted via this online Service to pay your Loan Account are subject to the Hours of Operation and Cut-Off Times disclosed in this Agreement or in your Deposit Agreements, as applicable, as they may be amended from time to time.
Changes or Cancellations. You may change or cancel any Recurring Transfer you have scheduled if you send your change or cancellation instructions via the funds transfer function of this online Service before the Cutoff Time on the Transfer Date for the applicable Transfer. Your changes or cancellations will not be accepted or processed by us after the applicable Cutoff Time. Cancellation of a requested payment is not a stop payment order, and there is no service charge for your change or cancellation.
Security. You agree that use of your User ID and related Password represent commercially reasonable security procedures, which you and we agree upon, for purposes of your providing electronic instructions for payments to your Loan Account.
No Modification. You understand and agree that it is your responsibility to make your Loan Account payments in such a manner that they are delivered on time, in the appropriate amount and according to the terms of your Loan Account. You understand and agree that we may not consider a Loan Account payment to be paid until funds have actually been received by us. You understand and agree that nothing herein modifies or otherwise changes the amounts due, due dates or any other term or provision of your Loan Account.
Applicable Laws. You understand that the Transfer will be governed by any applicable laws, rules, regulations, fee schedules, and any other applicable agreement or disclosure, including, but not limited to, any applicable deposit account agreements or operating rules of the National Automated Clearing House Association.
Liabilities and Expenses. Except to the extent prohibited by applicable law, you must pay any liabilities, fees, costs or expenses KeyBank incurs in connection with the Transfer. You agree that you will be liable for all sums debited and transferred pursuant to this Authorization and that all debits and transfers will also be subject to the terms of the Loan Account and all applicable documents. You hereby release us and agree to defend and indemnify us from any and all claims, costs and damages which may arise out of any actions taken by us in relying upon and/or complying (or attempting to comply) with your electronic instructions under this Authorization, in making any transfer of funds pursuant to this Authorization, and taking any action or following any instructions.
Authorization. This Section 15 or the use of the funds transfer function of this online Service, constitutes your authorization for us to follow your instructions to transfer funds from your eligible KeyBank deposit account to credit or pay your Loan Account accordingly (the “Authorization”). KeyBank may cancel this Authorization for any reason and if KeyBank cancels this Authorization, such cancellation may take effect immediately.
16. AUTHORIZATION FOR COMMERCIAL ACCOUNTS AND LOAN PAYMENTS/DISBURSEMENTS
If you have a commercial loan or line of credit from KeyBank (a “Commercial Credit Account”), you hereby authorize us to accept your electronic instructions from time to time pursuant to this online Service in order to (a) disburse loan advances under your Commercial Credit Account as a credit to any designated deposit account with us and (b) transfer funds from your designated deposit account with us as a payment on your Commercial Credit Account. This Commercial Credit Account and any designated deposit account shall be considered an Activated Account under this Agreement. You represent and warrant to us that you are the owner of all such deposit accounts and are authorized to withdraw funds from such accounts and to take draws from the Commercial Credit Accounts. You agree that you shall be liable for all sums transferred pursuant to this Authorization and that all transfers will also be subject to the terms of the Promissory Note(s) evidencing the Commercial Credit Account(s). You agree that we are not obligated to honor your electronic instructions on our Website in connection with this Authorization if you fail to maintain adequate funds to cover requested payment transfers, and we shall not be liable for dishonor of checks or other items presented against our deposit account due to insufficient funds caused by following your electronic instructions hereunder. You agree that use of your User ID and related Password represent commercially reasonable security procedures, which you and we agree upon, for purposes of your providing electronic instructions for loan advances and loan payments from and to your Commercial Credit Account.
You also agree that as to any Activated Account that is used for business or commercial activity and all Commercial Credit Accounts, you have been authorized by the appropriate action of the business to initiate transactions in the accounts and to act on behalf of the business, including, without limitation, to enroll in the eBill feature of the Services and to accept all agreements, disclosures, terms and conditions of any Payee on behalf of the business or on your own behalf. We may rely on this authorization until you notify us in writing that such authority has been withdrawn.
This Section 16 constitutes your authorization for us to follow your instructions (the “Authorization”). You hereby release us and agree to defend and indemnify us from any and all claims, costs and damages which may arise out of any actions taken by us in relying upon and/or complying (or attempting to comply) with your electronic payment or disbursement instructions under this Authorization in making any transfer of funds pursuant to this Authorization, and taking any action or following any instructions under this paragraph.
17. FINANCIAL WELLNESS SERVICES
The Financial Wellness Services allow you to aggregate your personal financial information and assist you in reviewing, managing, and tracking your personal finances. When you enroll in the Financial Wellness Services, you may review your financial wellness score (the “Wellness Score”), add non-KeyBank financial accounts to your financial wellness profile, receive automatic voluntary account-related alerts, and access a variety of financial tools and services that may be discontinued or modified from time to time. The Financial Wellness Services are intended entirely for the benefit of individual users of the service. We may use the information we collect to offer products and services to you, in accordance with the KeyCorp Privacy Notice.
A. NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR
The Financial Wellness 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.
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.
B. YOUR RIGHTS TO USE THE FINANCIAL WELLNESS 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 we reserve all rights of ownership in the Financial Wellness Services not expressly granted to you in writing herein. Subject to the termination provisions set forth below, for so long as you comply with this Agreement, we grant 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 us on our 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. We may make the Financial Wellness Services available via mobile applications or other downloadable software and hereby grant 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 Eligible Mobile Device. You may use the software only on an Eligible Mobile Device owned or controlled by you, solely for your own individual, non-commercial use.
You agree not to use the Financial Wellness Services in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless otherwise expressly authorized by us in writing, in our sole discretion, you agree you will not:
- 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;
- 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);
- 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
- 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.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Financial Wellness Services.
- Attempt to access any other Financial Wellness Services systems that are not part of these Services.
- Excessively overload the Financial Wellness Services 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 us in our 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 “Privacy and 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.
C. INFORMATION YOU PROVIDE TO US
When you use the Financial Wellness Services you create a personal profile and upload your financial information to our facilities or authorize us 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 us through your use of the Financial Wellness Services (the “Content”). You agree that we are 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. We are not responsible for any violations of law that may result from the Content or data you submit.
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:
- 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;
- 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);
- Except as otherwise permitted by us, in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communications, spamming or flooding, virus, trojan horse, worm, spyware, spamware, malware or other disruptive or harmful software or data; and
- 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.
We may freely use feedback you provide. You agree that we 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 us a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
We may monitor your Content from time to time. We may, but have no obligation to, monitor content on the Financial Wellness Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect us or our customers, or operate the Financial Wellness Services properly. We, in our 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 we 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 us. You further acknowledge and agree that we reserve the right to change these general practices and limits at any time, in our 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.
D. USE AND VALIDITY OF E-MAIL NOTICES; E-MAIL ACCOUNT
By providing your e-mail address to us, you agree that we may provide, and that you will accept and receive, all required notices with respect to the Financial Wellness Services 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, we may, in our sole discretion, from time to time elect to provide required notices or other communications to you by any other means it deems appropriate.
Any legal notices by you to KeyBank relating to this Agreement should be sent by you to us by e-mail to the following address:
E. FINANCIAL ACCOUNT AGGREGATION SERVICES
When you use the Financial Wellness Services, you may link your Financial Wellness account to non-KeyBank third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions. This is called “financial account aggregation.” With your permission, we 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 this Agreement. We work with one or more online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement and we are 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.
We may use outside vendors to provide financial account aggregation services to you, so any authorizations or permissions you grant to us, you are also granting to our vendor(s). You authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you add outside financial institutions to your Financial Wellness Services account, you will be directly connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit us 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 providing Financial Wellness Services. 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.
F. PRIVACY AND ACCOUNT SECURITY
We 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 us or our vendors, 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. We bear 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 us by e-mail to: email@example.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 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.
We may provide automatic or voluntary account-related alerts from time to time. We 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 we support.
Automatic alerts may be sent to you following certain changes made to your Financial Wellness Services account, such as a change in your account information. We 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. We 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 this Agreement, 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 we are assessed fees by any mobile carrier or required to pay fees to any mobile messaging aggregator or vendor in order to provide mobile alerts, we 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, we are 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 us may be delayed, blocked, or prevented by a variety of factors. While we 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 we 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.
H. 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 Financial Wellness Services logo, other Financial Wellness Services logos and product and service names are trademarks of KeyBank National Association (the “Financial Wellness Services Marks”). You agree not to display or use the Financial Wellness Services Marks in any manner whatsoever without KeyBank’s prior permission.
I. VARIANCES IN TERMS FOR EMPLOYER OR THIRD PARTY SPONSORED PROGRAMS
18. KEYBANK HOURS OF OPERATION; CUTOFF TIMES
Business days are Monday through Friday, except holidays. Transaction requests on Saturday and Sunday are considered Monday transactions, except if Monday is a holiday. The Services are available to you 24 hours a day except at times of Systems Unavailability and except as to the Online Bill Pay Expedited Payments service which is available from 4:00 a.m. to 7:00 p.m. ET Monday through Friday. Transactions you conducted after the Cutoff Time will be posted to our official account statement the next business day. “Cutoff Time” refers to, for the times stated below, local time at our KeyBank branch where your Activated Account is maintained, Monday through Friday, except holidays, unless otherwise stated: (1) for Bill Payment: 7:00 p.m. ET; (2) for Transfer Funds: 7:00 p.m. local time; (3) for Wire Transfer: 4:00 p.m. ET; (4) for Stop Payment: 10:00 p.m. local time; and (5) for any KeyBank - KeyDirect Account: 7:00 p.m. ET for all activity; (6) for Loan or Line of Credit Payments paid via the Loan Payment functionality, or Credit Card payments: 4:30 p.m. ET The loan payment functionality is only available between 7:00 a.m. and 7:00 p.m. ET. If you send a Bill Pay request near the Cutoff Time and your transaction is not completed before the Cutoff Time, your transaction request will be sent the next business day. We may change any Cutoff Time without notifying you.
19. YOU MAY INCUR ADDITIONAL COSTS FOR USING THE SERVICE
You understand that utilization of the “Enhanced Funds Transfer”, which allows you to transfer funds to and from accounts outside of Key and to others within Key who are not associated with your accounts may incur certain costs associated with ACH (Automated Clearing House) processing through the Website. You agree that you will pay all fees and charges in connection with your use of the Enhanced Funds Transfer feature through Online Banking.
We maintain procedures to protect confidential information about you and your use of our products and services. Our information practices are fully detailed in The KeyCorp Privacy Notice. By enrolling in any Service, you agree to receive our Privacy Notice electronically. This means that you can access our current Privacy Notice at any time on our Website, and that Key will no longer annually mail you a paper copy for as long as you remain enrolled in any Service. You acknowledge and agree that you are solely responsible and liable for any and all activity related to access on or through your Internet access equipment by you or any Guest User, and you hereby waive any claim that access through your Internet access equipment by any Guest User was unauthorized.
21. THIRD PARTY LINK DISCLOSURE
It is possible that the Service may offer links to other sites not operated by KeyBank. The eBill function may provide a link to a Payee’s website in order for you to obtain an eBill from that Payee. These links are provided for your convenience and only are offered for your use at your own discretion. KeyBank cannot attest to the content or accuracy of information provided by these linked sites, and does not provide, endorse, or accept responsibility for the product, service or overall content available on third party websites. We do not represent you or the third party site in any transaction you may enter into with the third party. The Privacy and Security policies of the third party website to which you are linking may differ from those of KeyBank. You should review the privacy or security disclosures on each third party site for further information. Third party websites may provide less security than websites operated and maintained by KeyBank.
22. REPORTING UNAUTHORIZED TRANSACTIONS
If you believe an unauthorized ATM, debit, ACH, or check transaction was made in any Activated Account that is a deposit account, you should either (a) call us immediately at 800-539-1539 or for TTY/TDD at 800-539-8336; (b) write to: Online Banking Customer Service at 3290 Main St., Amherst, NY 14226, MAILCODE: NY-00-01-0275; or (c) select “File a Dispute” in the transaction record displayed through the Service to submit a dispute electronically (an “Electronic Dispute Record”). You may only submit an Electronic Dispute Record for transactions that you recognize, meaning your dispute is related to one of the following: (x) concern about the item or service received; (y) concern about the amount charged for the item or service; or (z) concern about a deposit, withdrawal, or stamp purchase in your applicable Activated Account. If you do not recognize the transaction, you must either call or write us at the phone number or address included above.
If you believe an unauthorized transaction was made in any other Activated Account in connection with any Service, call us immediately at 800-539-1539 or for TTY/TDD at 800-539-8336, or write to: Online Banking Customer Service at 3290 Main St., Amherst, NY 14226, MAILCODE: NY-00-01-0275.
You agree that any information provided to us in connection with an unauthorized transaction is true and accurate to the best of your knowledge.
23. YOUR RESPONSIBILITIES
You are responsible for all electronic funds transfers and electronic payments you make using the Service. If you permit other persons to use the Service or your User ID or Password, you are responsible for all electronic funds transfer transactions they make from your Activated Accounts. You are liable for all transfers, payments and activity that you make or are made by any other user, even if such user exceeds your authority or is not an authorized signer on your Account. You must notify us immediately if you believe any of your Activated Accounts was accessed or your Password was used without your permission. If you are an individual and use your Activated Account for personal, family or household purposes, important limitations on your liability for unauthorized electronic funds transfers and other electronic errors that are covered by Regulation E (12 C.F.R. Part 1005) are explained in our EFT Disclosure Statement. However, if you use the Services for any business activity, you assume all risk of loss for unauthorized transfers and payments, and you must establish your own internal security procedures for employees you authorize to use the Services and to prevent all unauthorized use by other employees or persons.
24. DISCLAIMER OF WARRANTIES; OUR RESPONSIBILITY AND LIMITATION OF LIABILITY
The Deposit Agreement, User Agreement, and our EFT Disclosure Statement describe our responsibility for completing electronic funds transfers and electronic payments, and our exceptions from liability for our failure to do so. This Agreement applies to your online transactions under the Services. WE WILL ALSO HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES: (1) if the transfer or payment could not be completed due to Systems Unavailability or due to any circumstances beyond our control, including, without limitation, acts of God, any malfunction of your Internet access equipment, any internet virus, Trojan horse, worm or other hostile software code, or any problem that may be associated with your use of any Service or (2) if the payment was a tax payment, a court ordered payment or payment to a payee outside the U.S.A. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY ,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICE, PRODUCT, OR OFFER. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE OR ANY RELATED SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE OR RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON OUR WEBSITE OR IN ANY RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE OR ANY RELATED SERVICES.
You may cancel one or more of the Services by notifying us at the telephone number or address referenced in the paragraph titled “Reporting Unauthorized Transactions.” We may require you to confirm your request in writing. We may cancel your access to all or any one of the Services without notice. Cancellation of Online Bill Pay will stop all online access to Online Bill Pay.
26. SYSTEMS UNAVAILABILITY
The Service may be unavailable when systems require maintenance or upgrades or major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone or other telecommunications service, electrical outages, civil unrest or riots, war, or acts or threaten acts of terrorism or other circumstances beyond our control. We shall have no liability for interruptions or delays in Services due to Systems Unavailability.
We will take security procedures and counter-measure procedures to ensure the security and confidentiality of your financial records and transactions under the Services. You agree to comply with all security procedures we may impose for use of the Services including the use of up-to-date firewall and virus protection software on any computer you may use to access the Services. You agree the security techniques used by us in connection with the Services are commercially reasonable security procedures, and you assume all risk of loss for unauthorized transactions where we have followed our then current security procedures, except to the extent that such liability is limited or prohibited by applicable law or in the event that our EFT Disclosure Statement is applicable to the electronic funds transfer or other error.
28. CHANGES TO AGREEMENT
Except as otherwise required by applicable law, we may add, remove, or otherwise modify any of the terms and conditions of this Agreement, its related services, and applicable fees and charges, at any time and without notice to you, and such changes will be effective immediately. This Agreement as revised will be posted on an Internet website at www.key.com, and we may send you written notice at your Email or postal address in our files. Your continued use of the Service and any Services (covered hereby) after our sending any required notice, or posting such changes to this Agreement on this Website, will constitute your acceptance of, and agreement to be bound by, such changes to this Agreement. You agree that these procedures are acceptable to you to provide you with notice of changes to this Agreement. The revised Agreement will supersede the affected terms and conditions of this Agreement and shall apply to any activity or transaction previously or hereafter taken by you in connection with such Service, except new fees and charges shall apply prospectively only.
29. ASSIGNMENT OF THIS AGREEMENT
You may not transfer or assign this Agreement without our prior written approval, and any unauthorized assignment or transfer will be null and void. We may assign or transfer this Agreement at any time without notice.
30. WIRELESS EXPRESS CONSENT
By providing a telephone number for a cellular telephone, other wireless device, or a landline number that was later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from KeyBank 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 incur access fees from your cellular provider.
31. GOVERNING LAW; UNLAWFUL ACTIVITIES PROHIBITED
Our Website (excluding linked sites) is controlled by us from our offices in the State of Ohio, 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 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.
32. JURISDICTION AND VENUE
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.
33. SEVERABILITY; PARAGRAPH HEADINGS
If any non-material term of this Agreement is declared invalid or unenforceable by any court, and the remaining terms of this Agreement are not materially affected, then this Agreement will be interpreted as if the invalid non-material terms had not been in place for this Agreement. Paragraph headings do not limit or define either party's rights or obligations.
34. ARBITRATION; WAIVER OF JURY TRIAL
Any claim arising out of or relating to this Agreement concerning any KeyBank deposit account that is an Activated Account under this Agreement, or any related Service, is subject to the terms and conditions concerning Arbitration and Waiver of Jury Trial described in our Deposit Account Agreement and Funds Availability Policy.
Last Modified: March 2020