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Terms of Use

By accessing this Web site, you agree to the following Terms of Use. If you do not agree to these Terms of Use, do not access this Web site. Discover Bank ("the Bank") reserves the right to change these Terms of Use, and your continued use of this Web site constitutes agreement to all such changes. The Bank means Discover Bank and its subsidiaries.

Uses of this Web Site

This Web site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Web 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 whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without the Bank's prior written approval. Unauthorized use of this Web site and or any Bank systems, including, but not limited to, unauthorized entry into the Bank's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Bank site or service or interfere with any other party's use and enjoyment of any Bank site or service. You may not attempt to gain unauthorized access to any Bank site or service, computer systems or networks connected to any Bank site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

The Bank 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 Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and the Bank does not undertake any obligation or responsibility to update or amend any such information. The Bank may discontinue or change any product or service described in or offered on this Web site at any time.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. The Bank does not warrant the information or services provided herein or your use of this Web site generally, either expressed or implied, 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. The Bank 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 Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, the Bank cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither the Bank, 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 Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web 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 the Bank or of any vendor providing software or services. In no event will the Bank 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 the Bank 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. The Bank cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

Proprietary Rights

All rights, titles and interest in this Web site and any content contained herein is the exclusive property of the Bank, except as otherwise stated. Unless otherwise specified, this Web site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Web 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 whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without the Bank's prior written approval. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

DISCOVER and the other trademarks, logos, and service marks displayed on this Web site (collectively the "Trademarks") are the trademarks of Discover Financial Services 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 metatags on other pages or sites on the World Wide Web without the written permission of the Bank or such third party, which may own the Trademarks.

Pursuant to Section 512(c)(2) of the Copyright Act, the Bank designates the following agent to receive notifications of claimed infringement: Roger Bartos, Discover Bank, 2500 Lake Cook Road, Riverwoods, IL 60015; fax: 1-224-405-3555; legal@discoverfinancial.com.

Links

This Web 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 the Bank of any information contained in any third-party Web site. In no event shall the Bank be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Web site.

Web Beacons and Cookies

The Bank uses certain technology known as "Web beacons" and "Web cookies" on its Web sites and in some of its e-mails to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites and e-mails, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our Web sites and e-mails. The Bank uses this information to improve the Web site content and performance. No personally identifiable information is shared with any third party.

The Bank also 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 "remember" your user ID, we will also create a permanent cookie for this purpose. In addition, the Bank 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.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the state of Delaware and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Except for the Account Agreement and Privacy Policy respecting any Account you may have with the Bank, these Terms of Use constitutes the entire agreement between the Bank and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between the Bank and you with respect to the subject matter hereof.

These Terms of Use were last updated November 23, 2010. Please check back for updates and changes.