you and you waive any right to receive any other notice that may be required under clearinghouse rules, the Uniform Commercial
Code or other state or federal laws (other than the federal Electronic Funds Transfer Act and the federal Truth in Savings Act).
23.
Check Cashing. You may be required to provide positive identification when you present a check for payment. We may also
limit the dollar amount of checks cashed. We provide check cashing privileges only to our customers. We reserve the right to
charge a fee to a non-customer if we decide to cash a check for the non-customer, even if the check is drawn on us. You agree that
the charging of such fee is not considered wrongful dishonor. Positive identification for a non-customer shall include the non-
customer’s thumbprint in most states.
24.
Addresses; Notices. You agree that if we need to contact you or send you any written (paper-based) information (such as
notices, Account statements, checks payable to you, or other communications), we can do so by mail addressed to any of you at the
Postal Service address in our records or, at our option, by electronic communication(s) either authorized by you or permitted by law
and transmitted by us to your e-mail address in our records. Unless the communication states another effective date, any paper-
based communication we send you is effective when mailed to your Postal Service address by delivery to the mail service provider,
and any electronic communication we send you is effective when transmitted by us to your e-mail service provider. You must notify
us promptly in writing, or by e-mail with written confirmation mailed within five (5) days, if you change your Postal Service or e-mail
address or if your e-mail service provider is no longer providing e-mail service for you. In no event shall we have any responsibility,
and you hereby release us from all claims and liabilities, for any actions or omissions by you or your e-mail service provider in
handling e-mail to or from you, or for any failure in computer hardware, software, or communications lines not maintained by us or
under our control.
25.
Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which a Claim or Claims
(as defined below) may be arbitrated instead of litigated in court. This Arbitration Provision supersedes and replaces any existing
arbitration provision between you and us. This Arbitration Provision will apply to your Account(s) unless you notify us in
writing that you reject the Arbitration Provision within 60 days of opening your Account(s). Send your rejection notice to
KeyBank National Association, P.O. Box 93752, Cleveland, Ohio 44101-5752. Your notice must include your name, the
names of any joint account holders and your Account number(s) and must be signed by at least one of the joint account
holders. Your rejection notice should not include any other correspondence. Calling us to reject the Arbitration Provision
or providing notice by any other manner or format than as described above will not operate as a rejection of this
Arbitration Provision and consequently this Arbitration Provision will become part of this Agreement. Rejection of this
Arbitration Provision does not serve as rejection of any other term or condition of your Agreement with us governing your
Account(s).
As used in this Arbitration Provision, the word "Claim" or "Claims" means any claim, dispute, or controversy between you and us
arising from or relating to this Agreement or your Account(s), including, without limitation, the validity, enforceability, or scope of this
Arbitration Provision or this Deposit Account Agreement. "Claim" or "Claims" includes claims of every kind and nature, whether pre-
existing, present, or future, including, without limitation, initial claims, counterclaims, cross-claims, and third-party claims, and claims
based upon contract, tort, fraud and other intentional torts, constitutions, statute, regulation, common law, and equity (including,
without limitation, any claim for injunctive or declaratory relief). The word "Claim" or "Claims" is to be given the broadest possible
meaning and includes, by way of example and without limitation, any claim, dispute, or controversy that arises from or relates to (a)
any Account subject to the terms of this Agreement (b) any electronic funds transfer from or to any account, (c) advertisements,
promotions, or oral or written statements related to this Agreement or your Account, (d) your application for any Account, and (e) the
collection of amounts owed by you to us. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction
of the small claims court or your state’s equivalent court, you may file your Claim there. If that Claim is transferred, removed or
appealed to a different court, then we have the right to choose arbitration.
This Arbitration Provision will not apply to Claims previously asserted, or which are later asserted, in lawsuits filed before the
effective date of this Arbitration Provision or any prior arbitration provision between you and us, whichever is earlier. However, this
Arbitration Provision will apply to all other Claims, even if the facts and circumstances giving rise to the Claims existed before the
effective date of this Arbitration Provision.
Any Claim shall be resolved, upon the election of you or us, by binding arbitration pursuant to this Arbitration Provision and the
applicable rules of either the American Arbitration Association or J.A.M.S/Endispute in effect at the time the Claim is filed (the
"Arbitration Rules"). You may select one of these organizations to serve as the arbitration administrator if you initiate an arbitration
against us or if either you or we compel arbitration of a Claim that the other party has brought in court. In addition, if we intend to
initiate an arbitration against you, we will notify you in writing and give you twenty (20) days to select one of these organizations to
serve as the arbitration administrator; if you fail to select an administrator within that twenty (20)-day period, we will select one. In all
cases, the arbitrator(s) should be a lawyer with more than ten (10) years of experience or a retired judge. If for any reason the
selected organization is unable or unwilling or ceases to serve as the arbitration administrator, you will have twenty (20) days to
select a different administrator from the above list; if you fail to select a different administrator within the twenty (20)-day period, we
will select one. In all cases, a party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s)
subsequently asserted in that lawsuit by any other party or parties.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-
ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, YOU
WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS
PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING. YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION
ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.
There shall be no authority for any Claims to be arbitrated on a class action or private attorney general basis. Furthermore,
arbitration can only decide your or our Claim(s) and may not consolidate or join the claims of other persons that may have similar