Discover Mobile Terms of Use
The Discover Card Mobile Banking Site and Application ("Mobile Service") provides you with access to certain information regarding your Discover Card account(s), including, without limitation, account balance, recent payments, payment due date, and available credit; and allows you to make payments to your account through our Mobile Service from certain mobile devices. By accessing our Mobile Service, you agree to the following Mobile Terms of Use. If you do not agree to these Mobile Terms of Use, do not access this Mobile Service. Discover Financial Services ("DFS") reserves the right to change these Mobile Terms of Use, and your continued use of this Mobile Service constitutes agreement to all such changes. DFS means DFS Services LLC and its affiliates.
Uses of this Service
This Mobile Service is intended for personal, non-commercial use. 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 Mobile Service, except for the purposes expressly provided herein, without DFS' prior written approval. Unauthorized use of this Mobile Service 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 Mobile Service 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 Mobile Service 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 Mobile Service and to suspend and/or deny access to this Mobile Service for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Mobile Service 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 Mobile Service at any time.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on this Mobile Service 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 Mobile Service 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 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 Mobile Service. DFS does not warrant that the Mobile Service will work on a wireless device or across the network of a wireless service provider. DFS will not be responsible for or liable to you for: (i) for the capabilities or reliability of any equipment or software used to access the Mobile Service; or (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. Your wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan. Although the information provided to you on this Mobile Service 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. 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 Mobile Service, or resulting from the act or omission of any other party involved in making this Mobile Service, the data contained herein or the products or services offered on this Mobile Service available to you, or from any other cause relating to your access to, inability to access, or use of the Mobile Service 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 Mobile Service.
Proprietary Rights
All right, title and interest in this Mobile Service and any content contained herein is the exclusive property of DFS, except as otherwise stated. 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 Mobile Service, except for the purposes expressly provided herein, without DFS' prior written approval. If you copy or download any information or software from this Mobile Service, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
DISCOVER, CASHBACK BONUS, 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 DFS or such third party, which may own the Trademarks.
Pursuant to Section 512(c)(2) of the Copyright Act, DFS designates the following agent to receive notifications of claimed infringement: Roger Bartos, DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015; fax: (224) 405-3555; legal@discoverfinancial.com.
Some DFS products and services may be covered by U.S. Patent Nos. 6,405,181; 6,567,791; 6,718,313; 7,143,063; 7,346,576; 6,324,524; and 6,795,812.
Web Beacons and Cookies
DFS uses certain technology known as "Web beacons" for its Mobile Service to collect information from visitors and compile aggregate statistical information about how visitors use the Mobile Service, 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 with the Mobile Service. DFS uses this information to improve content and performance. No personally-identifiable information is shared with any third party.
If you ask us to "remember" your user ID, we will also create a permanent cookie for this purpose. In addition, DFS uses a temporary cookie file to maintain your session as you move from page to page on the Mobile Service. The cookie is deactivated when you conclude your session. Because this cookie is stored only in your mobile device's temporary memory, it is deleted when you turn off your mobile device. Most mobile devices allow 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 Mobile Service may not function properly.
Miscellaneous
These Mobile 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 Mobile 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 Mobile Service 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 Mobile 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 Mobile Terms of Use, and the remainder of these Mobile Terms of Use shall continue in full force and effect. These Mobile Terms of Use constitutes 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.
These Mobile Terms of Use were last updated October 28, 2009.
