Last Updated: 12/2025
These Credit Key Prepaid Mastercard® Card Program Agreement (these "Terms" or this "Agreement") set forth and govern the terms of the relationship between Account Owner and Bank that governs the Credit Key Prepaid Mastercard® Card Program (each term as defined below).
Account Owner hereby acknowledges that nothing in these Terms establishes a customer relationship between Bank and any person besides the Account Owner.
IMPORTANT: These Terms include resolution of disputes by arbitration instead of in court and a class action waiver. The arbitration provision is located in the "Dispute Resolution By Binding Arbitration" section. PLEASE READ CAREFULLY.
Bank reserves the right to change these Terms from time to time as it seems fit, and your continued use of the Website, the Platform, the Card Account (including related services) signifies your acceptance of any adjustment to these Terms.
Capitalized terms used in these Terms have the meanings given in this section or elsewhere in these Terms.
"Access Information" means collectively a PIN, online user name, password, challenge questions, and any other security information used to access the Card Account.
"Account Owner" or "you" or "your" means the entity that has qualified for and established a Card Account (See Section 4.1 – Qualifying For and Establishing Card Accounts).
"API" means application program interface.
"Authorized Service Provider" means Bank's authorized third party service provider.
"Bank" means Sutton Bank, member Federal Deposit Insurance Corporation ("FDIC").
"Card" means the Mastercard® branded payment Card issued by Bank that allows Account Owners to access funds loaded on the Card. Each reference to "Card" also shall include "Cards." A Card may be a virtual card represented by a 16-digit account number and a physical card embossed with the same 16-digit number.
"Card Account" means the account between Account Owner and Bank established and governed by this Agreement and includes all sub-accounts.
"Card Program Sponsor" means Snap Credit, Inc. (d/b/a Credit Key).
"Platform" means online portal(s) and mobile application(s) that Card Program Sponsor offers Account Owners to access the Card Account.
"Principal Owner" means (1) each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of the Account Owner and (2) one individual with significant responsibility for managing the Account Owner listed above, such as an executive officer or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President, Vice President, Treasurer); or any other individual who regularly performs similar functions.
"We," "us," and "our" mean Bank and its successors, affiliates, and assignees.
"Website" means the Card Program Sponsor's website.
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS A CARD ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN A CARD ACCOUNT, WE WILL ASK FOR THE NAME, ADDRESS, EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL DOCUMENTS OF THE ACCOUNT OWNER AND THE NAMES, ADDRESSES, DATES OF BIRTH, AND OTHER INFORMATION CONCERNING EACH PRINCIPAL OWNER THAT WILL ALLOW US TO IDENTIFY THE ACCOUNT OWNER AND ITS PRINCIPAL OWNERS. WE MAY ALSO ASK TO SEE A COPY OF EACH PRINCIPAL OWNER'S DRIVER'S LICENSE OR OTHER IDENTIFICATION DOCUMENTS.
AFTER A CARD ACCOUNT IS OPENED, WE MAY ASK AGAIN TO SEE A COPY OF ACCOUNT OWNER'S DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS AT ANY TIME IF WE DEEM IT IS NECESSARY TO VERIFY ACCOUNT OWNER'S IDENTITY, ADDRESS, OR TRANSACTIONS ON THE CARD ACCOUNT. IF WE ASK FOR SPECIFIC IDENTIFYING DOCUMENTS, WE WILL HAVE THE RIGHT TO IMMEDIATELY CLOSE OR SUSPEND THE CARD ACCOUNT IF THOSE SPECIFIC DOCUMENTS ARE NOT PROVIDED. THESE MEASURES ARE SPECIFICALLY DESIGNED TO HELP US PROTECT ACCOUNT OWNER'S IDENTITY AND IDENTIFY POSSIBLE FRAUD ON THE CARD ACCOUNT.
To the extent permitted by applicable law, Account Owner consents to the use of electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to Account Owner under these Terms and in connection with Account Owner's relationship with us (collectively, "Communications") that we may otherwise be required to send or provide Account Owner in paper form (e.g., by mail). Account Owner's consent will remain in effect until Account Owner withdraws its consent as specified below. By accepting and agreeing to these Terms electronically, Account Owner represents that: (1) Account Owner wishes to enter into this Agreement electronically; (2) Account Owner has read and understands this consent to use electronic signatures and to receive Communications electronically; (3) all Communications provided to Account Owner in electronic form are deemed to have been provided in written form; (4) Account Owner satisfies the minimum hardware and software requirements specified below; and (5) Account Owner's consent will remain in effect until Account Owner withdraws their consent as specified below.
Account Owner's consent to receive Communications electronically will remain in effect until Account Owner withdraws it. Account Owner may withdraw their consent to receive further Communications electronically at any time by contacting Customer Service at +1 (833) 425-5888, or emailing support@creditkey.com. If Account Owner withdraws its consent to receive Communications electronically, we reserve the right to close the Card Account and return the remaining Card Account balance as set forth in this Agreement. Such revocation will be effective after we have a reasonable period of time to process Account Owner's withdrawal. Please note that Account Owner's withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to Account Owner before the withdrawal of Account Owner's consent becomes effective. In addition, we may charge Account Owner a reasonable fee for providing paper copies of Communications.
In order to ensure that we are able to provide Communications to Account Owner electronically, Account Owner must notify us of any change in their e-mail address by contacting Customer Service at +1 (833) 425-5888, or emailing support@creditkey.com.
Account Owner should print and save or electronically store a copy of all Communications that we send electronically.
In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher.
We reserve the right, in our sole discretion, to communicate with Account Owner in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify Account Owner of any such termination or change by updating this Agreement on the Platform or delivering notice of such termination or change electronically.
In order to establish a Card Account, an Account Owner must:
By requesting, activating or using a Card or by retaining, using or authorizing the use of the Card, Account Owner represents and warrants to us that:
Subject to the limitations set forth in this Agreement, Account Owner may only add funds to the Card Account as described in this Section 4.2. Account Owner may not add funds to the Card Account by sending personal checks, cashier's checks, or money orders to the Bank. The Bank will return all checks and money orders unless the Card Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of the Card Account.
Transactions approved and processed with the Card may only be used to purchase goods and services for business purposes only and not for personal, family or household purposes.
The Card is a transaction debit card issued by the Bank. The Card is not a credit card. The Card is not a gift card. The Card remains the property of the Bank and must be returned upon our request. To the extent permitted by applicable law, Bank may cancel, repossess, or revoke the Card at any time without prior notice. The Card cannot be redeemed for cash. The Card is not for resale and may not be transferred or assigned. You acknowledge and agree that when you have both a virtual Card and a physical Card that both Cards access the same Card Account.
Account Owner acknowledges and agrees that the value available in your Card Account is limited to the funds that have been added to the Card Account as described by the funding process in Section 4.2 (Funding of the Card Account). Account Owner will not receive any interest on the funds in the Card Account.
The applicable Account Owner must activate every Card before it can be used. In the case of a physical Card, the Account Owner must both activate the Card and set a PIN before it can be used (See Section 4.8 – Card and PIN Security).
There are no fees associated with the use of your Card.
When selecting a PIN for a physical Card, numbers or words that appear in wallets (e.g., date of birth, address, or social security number) should not be used. A PIN must be memorized and not shared with anyone. Do not write the PIN on a Card or keep it in the same location as the Card. The Card should be treated with the same care as cash. Always protect the Card and keep it in a safe place. Do not send a Card number in an email or text message. Make sure Card and Access Information is secured with encryption when used to perform transactions over the Internet or wireless networks.
The Card Account is a commercial Card Account and does not provide protections for lost or stolen Card Accounts or unauthorized transactions except as expressly stated in this Agreement. Until Bank has had a reasonable time to process a report from the Account Owner of a Card as lost or stolen or reports an unauthorized transaction on a Card Account, Account Owner is fully responsible for all transactions, even if the Card is lost, stolen or used for unauthorized transactions. Contact Customer Service IMMEDIATELY if the Account Owner believes: (a) a Card has been lost or stolen, (b) someone has gained unauthorized access to any Access Information, or (c) someone has transferred or may transfer funds from the Card Account without an Account Owner's permission. You may report a lost/stolen Card or unauthorized transactions by calling Customer Service at +1 (833) 425-5888, but the best way to minimize possible losses is to log into the Platform to deactivate the Card. If you have both a virtual and a physical Card and you report one of your Cards lost or stolen, both Cards will be canceled and new Cards will be issued. Unless we have authorized a transaction after a Card Account is blocked, Account Owner is responsible for all unauthorized transactions initiated and fees incurred from the unauthorized use of a Card Account. Failure to promptly notify us could result in the Account Owner losing ALL of the money in the Card Account.
Cards may not be used for ATM cash withdrawals or cash back at the point-of-sale and may not be used for business payroll payments. An Account Owner may use a Card to make purchases at any merchant that accepts Visa or Mastercard cards, subject to the available Card Account balance, the transaction limits and transaction restrictions outlined below, and the other terms and conditions of this Agreement. If an Account Owner uses a Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if the Account Owner used the Card itself. Each time an Account Owner uses a Card, Account Owner authorizes us to reduce the value available in the applicable Card Account in the amount of the transaction plus any applicable fees. An Account Owner shall not be permitted to make a purchase that exceeds the amount of funds that are available in the Card Account. Nevertheless, if a transaction exceeds the amount of available funds in the Card Account, Account Owner will be fully liable to us for the full amount of the transaction plus any applicable fees. We may refuse to process a transaction, or temporarily "freeze" the Card Account if we notice transactions that are unusual or appear suspicious, or Account Owner's use of the Card Account is not consistent with its intended use, in which case we will notify the Account Owner.
When an Account Owner uses a Card or Card number to initiate a transaction at certain merchant locations, websites, or mobile applications such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in the Card Account for an amount equal to or in excess of the final transaction amount. Those held funds will not be available until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to thirty (30) days for the hold to be removed. Please be advised that an Account Owner may experience difficulties using a Card at unattended vending machines, kiosks, and gas station pumps. If a physical Card is declined at a "pay at the pump" gas station even though the Card Account contains sufficient funds, the Account Owner should pay for their purchase inside the station with the cashier. An Account Owner may not use a virtual Card for making purchases at any vending machines, kiosks or gas station pumps.
The maximum amount that can be spent using an individual Card is limited to the lower of: (a) the limits set by the Account Owner and (b) limits set forth by the Bank. The Bank's limits are: (1) maximum amount that can be spent using your Card Account is $75,000 per day, (2) the maximum amount that can be spent using your Card Account in any thirty-day period is $75,000, (3) the maximum amount that can be loaded to your Card Account is $75,000 per day, $75,000 per month. In order to protect the Card Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using a Card. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions; and (c) limit, suspend, or block transfers from particular persons, entities, or Card Accounts.
You may not use your Card to make purchases concerning or arising from online gambling, guns or ammunition, drugs, cryptocurrencies, illegal transactions, or any other transactions restricted by Card Program Sponsor's Prohibited Industry Policy provided to you by Card Program Sponsor. An Account Owner may restrict transactions based on Merchant Category Code or Merchant ID. We may refuse to process any transaction we believe violates the terms of this Agreement.
Account Owner is responsible for all transactions initiated and fees incurred by use of a Card Account. If Account Owner permits another person to use or otherwise have access to a Card Account Card number, we will treat this as if Account Owner has authorized such person to use the Card Account, and Account Owner will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted.
It is important to know the amount of available funds in each Card Account. If there are insufficient funds in the applicable Card Account to cover a requested Card transaction, that transaction will be declined. If an Account Owner learns that the funds in the Card Account are insufficient, they can request that the merchant charge a part of the purchase to the Card and pay the remaining amount with cash or another payment card. These are called "split transactions." Some merchants do not allow split transactions. Account Owner acknowledges and agrees that the funds available for Card transactions will be limited to the available funds in the applicable Card Account that are not subject to hold. Neither Account Owner nor any Account Owner may use any funds added to the Card Account in error. No transaction that could create a negative balance for any Card Account shall be permitted; provided, however, that such balances may occur inadvertently, for example, as the result of adjustments made to reverse an error or reflect a merchant adjustment. If a Card Account has a negative balance, Account Owner agrees that: (a) we may automatically apply any subsequent deposits to the Card Account to the applicable amount of the negative balance; or (b) if there are insufficient funds in the Card Account, require Account Owner to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. If such payments are requested, they should be mailed to us at the address provided below or the address stated in the notice requesting payment.
An Account Owner may obtain information about the available funds in the Card Account and a 365-day history of the Card Account transactions on the Website.
If the Account Owner provides an email address to us, we will send that person important notices via email. All such notices shall be deemed to have been given to Account Owner. In addition, if the Account Owner provides a mobile phone number or other text message address to us, we shall assume that Account Owner has obtained all legally required consent(s) of such persons to receive texts at that number or address. For the avoidance of doubt, Account Owner accepts sole and complete responsibility for obtaining all such consent(s) and agrees to notify us promptly of any changes in the applicable contact information. The Account Owner may change the frequency of notifications we provide at any time by updating their notification setting on the Website. Third-party data charges and message fees may apply.
You may not use the Card to make a purchase outside of the United States or otherwise use the Card to make a purchase in a currency other than U.S. dollars.
An Account Owner should receive a receipt for each Card transaction. Account Owner agrees to retain, verify, and reconcile Card transactions and receipts.
An Account Owner will not receive cash refunds for Card transactions. If a merchant gives an Account Owner a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we will credit to the available funds in your Card Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services purchased with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
Account Owner's privacy is very important to us. We may disclose information to third parties about Account Owner, your Card and Card Account, and transactions related thereto: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by you; (b) with Account Owner's consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; (e) as permitted and required by applicable law; and (f) as otherwise provided in Bank's Privacy Policy. Account Owner understands that by participating in the Program, Account Owner consents to the collection, use, and disclosure of Account Owner's information as set forth in these Terms and Bank's Privacy Policy available at: https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf.
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service, for training purposes or as required by applicable law.
By accepting and/or using the Card Account and/or Card, Account Owner represents to us that they are the owner of the email address, mobile phone number, and any other contact information they have provided, and they consent to the receipt of emails or text messages from us, the applicable card network, and any of its or their respective affiliates or agents regarding the Card, the Card Account, or transfers to or from the Card Account. Account Owner agrees that we, the applicable card network, and any of its or their respective affiliates or agents may use automatic telephone dialing systems or prerecorded messages to call, email, or send SMS messages to any phone number or email address provided by Account Owner.
Account Owner acknowledges and agrees that: (i) it is not required to grant us consent to receive emails or text messages as a condition of opening a Card Account; (ii) it may revoke its consent at any time by contacting Customer Service at +1 (833) 425-5888, or emailing support@creditkey.com; (iii) it is responsible for any fees or other charges that their wireless carrier may charge for any related data, text, or other message services; and (iv) it must notify us of any change to the contact information it has provided. For the avoidance of doubt, Account Owner accepts sole and complete responsibility for obtaining all such consent(s) and agrees to notify us promptly of any changes in the applicable contact information for Account Owner.
The expiration date of a virtual Card is identified on the front of the Card. The expiration date of a physical Card is identified on the front of the Card. If there is a positive balance of funds in the Card Account upon expiration of the subject Card and this Agreement is not in default, we may issue a new Card. We may also issue a new Card when the Card expires even if there are no funds in the applicable Card Account. If a Card must be replaced for any reason, the Account Owner must contact Customer Service. Please note that certain user information (e.g., name and e-mail address) must be provided whenever a replacement Card is requested.
The Card Program Sponsor, Credit Key, is a financial services platform and not a FDIC insured bank. The Card is issued by Sutton Bank, Member FDIC. All funds in the Card Account are subject to pass-through FDIC insurance up to $250,000 per ownership category, should Sutton Bank fail. Certain conditions must be satisfied for pass-through deposit insurance coverage to apply. Coverage limit is subject to aggregation of all of the Account Owner's funds held at Sutton Bank. For further information about deposit insurance generally, Account Owner may write to the FDIC at 550 17th Street, N.W., Washington D.C. 20429, telephone the FDIC's toll-free hotline at 877-275-3342, or visit its website at www.fdic.gov.
The Account Owner must contact Customer Service at +1 (833) 425-5888, or email support@creditkey.com immediately if the Account Owner believes an error has occurred involving the Card or Card Account. We must hear from the Account Owner no later than 60 days after the earlier of the date Account Owner electronically accessed the Card Account, if the error could be viewed in Card Account electronic transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When the Account Owner sends us notice of an error involving the Card Account, they will need to tell us: (a) Account Owner's name, Account Owner name and Card number; (b) why Account Owner believes there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review that information in a commercially reasonable manner. If you need more information about our error resolution process, contact Customer Service at +1 (833) 425-5888.
To the extent permitted by applicable law, we may assign our rights and obligations under these Terms without Account Owner's consent. Account Owner may not assign or transfer this Agreement without our prior written consent.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
Subject to applicable law, we may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to Account Owner. We reserve the right, subject to applicable law, to deliver to the Account Owner any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website, on the Platform, or delivering notice of changes electronically. By continuing to participate in the Program, Account Owner agrees to be bound by the updated Terms.
These Terms constitute the entire and sole agreement between Account Owner and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
To the extent permitted by applicable law, we may cancel or suspend the entire Card Account, or this Agreement immediately, for any reason, and without giving Account Owner prior notice. Account Owner may cancel the entire Card Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. Cancellation or suspension of this Agreement will not affect any of our rights or Account Owner's obligations arising under this Agreement before such cancellation or suspension occurred. In the event the Card Account is cancelled, closed, or terminated for any reason, Account Owner may request the unused balance to be returned to Account Owner via a check to the mailing address we have in our records.
This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
At our request, Account Owner agrees to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) that arise from Account Owner's violation of these Terms, applicable law, or any third-party rights or Account Owner's fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by Account Owner, in which event Account Owner will cooperate in asserting any available defenses.
From time to time, services related to the Program may be unavailable. When this happens, the Account Owner may be unable to access the Website or the Platform or use Cards assigned to them or obtain Card information. The Account Owner should notify us immediately if any such interruptions occur. Account Owner agrees that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
We shall have no liability to Account Owner if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, your Card Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, your Card Accounts, any products or services purchased using Card Accounts, or this Agreement (as well as any related or prior agreement that Account Owner may have had with us).
If Account Owner's postal address, email address, telephone number, or other contact information changes, they must notify us immediately. Failure to do so may result in information regarding the Card or Card Account being delivered to the wrong person or Card transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. The Account Owner must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy, reorganization or change in Principal Owners. We may terminate this Agreement in the event of a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Account Owner or any Principal Owner.
For any and all controversies, disputes, demands, claims, or causes of action between Account Owner and us (including the interpretation and scope of this Section 4.37 and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Program, Card Accounts, or these Terms (as well as any related or prior agreement that Account Owner may have had with us), Account Owner and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration and the terms of this Section 4.37. The arbitration will take place in the federal judicial district located in the borough of Manhattan, New York, New York, or in the alternative, may be conducted telephonically at Account Owner's request. As used in this Section, "we" and "us" mean Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" includes any third party providing any product, service, or benefit in connection with the Card Accounts or these Terms (as well as any related or prior agreement that Account Owner may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures"). Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of Account Owner's principal place of business in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of Account Owner's principal place of business for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Account Owner agrees to the following in connection with any arbitration: (a) no class or similar group arbitration will be permitted; (b) the arbitration will be confidential, and neither Account Owner nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (c) subject to Section 4.35 (Limitation of Liability), the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
Account Owner understands and agrees that, by agreeing to these Terms:
This Section will survive termination of the Card Account or these Terms as well as any voluntary payment of any debt in full by Account Owner or bankruptcy by Account Owner, or any bankruptcy by us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein.
Account Owner may contact Customer Service at +1 (833) 425-5888 or support@creditkey.com.
