Terms of Use

“We”, “Us” refers to Discover Bank, DFS Services LLC. Discover Financial Services or affiliates; “You” refers to the user of the Web site.

By accessing this Web site (“Site”), you agree to the following Terms of Use. If you do not agree to these Terms of Use, do not access this Site. DFS Services LLC ("DFS") reserves the right to change these Terms of Use, and your continued use of this Site constitutes agreement to all such changes.

1. Uses of this Web Site

Except for the "About our company" portion of this Site, this Site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in part or in whole, any information, software, products or services obtained from this Site, except for the purposes expressly provided herein, without prior written approval from DFS.

You agree to provide accurate information on any application requests through the Site. You agree to access only the information you are entitled to, and you will not falsely represent another individual or entity. Unauthorized use of this Site and or any DFS systems, including, but not limited to, unauthorized entry into DFS' systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any DFS site or service or interfere with any other party's use and enjoyment of any DFS site or service. You may not attempt to gain unauthorized access to any DFS site or service, computer systems or networks connected to any DFS site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.

2. Proprietary Rights

All right, title and interest in this Site and any content contained herein is the exclusive property of DFS, except as otherwise stated. DFS reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. DISCOVER, Discover® Student Loans, Discover Bank and the other trademarks, logos, and service marks displayed on this Site (collectively the "Trademarks") are the trademarks of DFS or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of DFS or such third party, which may own the Trademarks. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Pursuant to Section 512(c)(2) of the Copyright Act, DFS designates the following agent to receive notifications of claimed infringement: Roger Bartos (TBD), Discover Financial Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015; fax: (224) 405-3555; legal@discoverfinancial.com

3. Links

This Site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DFS of any information contained in any third party Web site. In no event shall DFS be responsible for the information contained on that Web site or your use of or inability to use such Web site. You should also be aware that the terms and conditions and the privacy policy of such Web site may be different from those applicable to your use of this Site.

4. Cookies

DFS uses a permanent cookie file to uniquely identify your computer as you visit the Web site from time to time. No personally-identifiable information is collected or shared with any third party using this cookie. If you ask us to register your computer, we will also create a permanent cookie for this purpose. In addition, DFS uses a temporary cookie file to recognize your computer as you move from page to page on the Web site. The cookie is deactivated when you conclude your session. Because this cookie is stored only in your computer's temporary memory, it is deleted when you close your browser software. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web site may not function properly.

DFS may engage various technology partners that use cookies to compile anonymous information on how you use its and other Web sites and interact with its Internet ads. For more information about our technology partners, including about how to opt out of their cookies, visit http://www.doubleclick.net/us/corporate/privacy and http://www.atlasdmt.com/privacy.

5. Limited License Grant

Subject to the terms and conditions of these Terms of Use, DFS grants a limited license to you to make personal use of the Site only for its intended purposes. This license expressly excludes any resale of the Site or any part thereof, making any derivative of the Site or any part thereof, the collection and use of other users' e-mail addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials.

6. Disclaimer of Warranty and Limitation of Liability

The information provided to you on this Site is obtained or compiled from sources we believe to be reliable.

However, the information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. DFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Any dated information is published as of its date only, and DFS does not undertake any obligation or responsibility to update or amend any such information. DFS may discontinue or change any product or service described in or offered on this Site at any time. You acknowledge that you will rely on any content, including, without limitation, opinions, statements, recommendations, and information, provided through the Site at your own risk.

DFS does not warrant the information or services provided herein or your use of this Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. DFS and its service providers make no representations or warranties that you will have continuous or uninterrupted access to the Site or any of its content or functions, or that any of the functions of the Site will be error-free.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from state to state.

DFS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Site. Neither DFS, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of DFS or of any vendor providing software or services. In no event will DFS or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if DFS or any other such party has been advised of the possibility thereof.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DFS cannot and does not guarantee continuous, uninterrupted or secure access to the Site. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold DFS and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other Materials submitted by you to the Site; (b) any fraud, manipulation, or other breach of these Terms of Use by you; (c) any third party claim, action, or allegation brought against DFS arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or rights of a third party.. DFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DFS in asserting any available defenses. You will not settle any action or claims on DFS's behalf without the prior written consent of DFS.

8. Miscellaneous

These Terms of Use will be construed and interpreted in accordance with the laws of the State of Illinois, without reference to its conflict-of-laws rules. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Illinois state and US federal courts located in the County of Lake, State of Illinois. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of these Terms of Use is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Except for the Promissory Note and Privacy Policy respecting any student loan you may have with DFS, these Terms of Use constitute the entire agreement between DFS and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You represent and warrant that you are at least 18 years of age, and can lawfully enter into contracts under applicable law.

These Terms of Use were last updated June 30, 2007. DFS reserves the right to modify these Terms of Use at any time. Any modifications shall be effective when they are posted on the Site. It is your responsibility to review these Terms of Use from time to time in order to be aware of any such changes.