Terms of Use
By accessing this Web site, you agree to the following Terms of Use which is an agreement between DFS and you. If you do not agree to these Terms of Use, do not access this Web site. "DFS", "we", "our", or "us" means DFS Services LLC, its affiliates or any person connected with DFS. "You", "your", or "yours" means any individual, or entity that is accessing this Web Site. If you are an individual accessing this Web site on behalf of an entity, your access to this Web site shall bind the entity to the Terms of Use.
DFS reserves the right to change these Terms of Use, and your continued use of this Web site constitutes agreement to all such changes. We will notify you of any changes to these Terms of Use as required by applicable law.
Uses of this Web Site
Unauthorized use of this Web 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 Web 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 Web site that are contrary to applicable laws or regulations.
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 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 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 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. DFS does not warrant the information or services provided herein or your use of this Web site generally, either legal, express or implied, for any particular purpose and expressly disclaims any implied warranties and conditions, including but not limited to, warranties and conditions of title, non-infringement, merchantability, quality, or fitness for a particular purpose whether arising from statute, course of dealing, usage of trade or otherwise, 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 Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, 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. DFS does not warrant or represent that your use of material on the Website will not infringe any third party rights. Neither DFS, nor any of its affiliates, and its and their respective directors, officers, employees, mandataries or agents, 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 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, including negligence, for (a) any special, indirect, consequential or incidental damages or any other damages of any kind; or (b) direct damages in any amount in excess of the fees paid or payable to DFS for access to this Web site, if any; in each case 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. You understand and agree that DFS is relying on the limitations of liability set out in this paragraph in granting you the right to use this Web site. DFS cannot and does not guarantee continuous, uninterrupted or secure access to the Web site. This provision will apply to the maximum extent permitted by applicable laws and will survive the termination of your right to use this Web site.
Proprietary Rights
All right, title and interest in this Web site and any content contained herein is protected by copyright and is the exclusive property of DFS, except as otherwise stated. This Website may also contain material that is subject to third party intellectual property rights. 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 DFS's prior written approval. All rights not expressly granted herein are reserved by DFS and its licensors. 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.
You hereby assign to DFS all right, title and interest and waive all moral rights to anything you submit to DFS through this Web site and acknowledge and agree that DFS is free to use such material for any purpose and in any manner whatsoever. DFS’ proprietary rights will survive the termination of your right to use this Web site.
DISCOVER NETWORK and the other trademarks, logos, and service marks displayed on this Web site (collectively the "Trademarks") are the trademarks of Discover Financial Services, its affiliates, or their respective third-party licensors. 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 DFS or such third party, which may own the Trademarks.
Links
This Web site may contain 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 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
DFS may use certain technologies known as "Web beacons," and cookies on its Web sites to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites, 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. DFS uses this information to improve the Web site content and performance. No individually identifiable information such as email address or any private information about you is collected for this purpose; however, certain individually identifiable information (e.g., user’s email address and bank account information) may be used to validate the identity of the Web site user and an entity’s Card transaction history may be accessible on the Web site. DFS may use a temporary cookie file to recognize your identity and preferences once logged in. A cookie is a small piece of information sent by DFS to your computer. This allows DFS to provide custom content as you move from page to page within the Web site. The cookie is deactivated when you conclude your secure session. Because this cookie is stored only in your computer's temporary memory, it is deleted when you sign off the Web site, if you have been inactive on the Web site for more than 30 minutes, or 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 sites may not function properly.
Arbitration and Mediation
In the event of a dispute, claim or controversy ("Disagreement") of any kind or nature between you and us, that cannot be resolved by designated senior executives of each party within thirty (30) days, either party may elect to have the matter resolved through binding arbitration administered by the American Arbitration Association ("AAA") by giving written notice to the other party. Judgment on any award rendered by the arbitrator, including a default judgment, may be entered in any court having jurisdiction thereof ("Arbitration Award"). Except as otherwise expressly provided herein or required by applicable law, each party will bear its own costs associated with such arbitration and share equally the arbitration fees and expenses. A party may appeal any adverse award to a panel of three neutral arbitrators, but only if the amount-in-controversy in the original arbitration exceeded $250,000 and only if notice of appeal is provided within 15 days of the adverse award. Discovery will be limited by the arbitrator(s) to the exchange of such information as is reasonably necessary to resolve the dispute. Your or our participation in litigation of a claim shall not be deemed a waiver of any rights under this arbitration provision. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or on behalf of other persons (other than joint obligors on a single contract), or arbitrate any claims as a class action, or in any other representative or in a private attorney general capacity. We will not invoke our right to arbitrate an individual claim that you bring on your own behalf in small claims court or equivalent court, unless such action is transferred, removed, expanded to include claims of any other persons, or appealed to a different court. Notwithstanding the above, either party may, seek temporary or preliminary provisional injunctive or other equitable relief in a judicial proceeding prior to an Arbitration Award being rendered or the controversy otherwise being resolved by arbitration. By agreeing to arbitrate, you agree that you will not have the right to a jury trial or the right to participate in a class action or similar proceeding.
Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, 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 County of Lake, State of Illinois 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. Notwithstanding the foregoing, you will comply with all other applicable laws. 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 DFS Privacy Policy accessible at www.discovernetwork.ca, these Terms of Use constitutes the entire agreement between DFS and you with respect to accessing this Web site and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof. The Canadian Merchant Services Agreement and other Program Documents incorporated therein by reference including the fee terms in your application for Card acceptance and the Canadian Merchant Operating Regulations provide the terms governing Card acceptance and shall remain in effect. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. This provision will survive the termination of your right to use this Web site. These Terms of Use were last updated October 27, 2013. Please check back for updates and changes.