Terms of Use

TERMS AND CONDITIONS

This website (the “Website”) is operated by DFS Services LLC and its affiliates (“DFS,” “we,” “our,” or “us”). DFS offers this Website, including all information, tools and services available from this Website (the “Services”) to you, the user, conditioned upon your acceptance of the following Terms and Conditions (the “Terms”). These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

DFS’ Online Privacy Statement (“Privacy Statement”) and any other DFS operating rules, policies, price schedules, and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference.

Please feel free to contact us with any questions you might have regarding these Terms. You may send us a message via our contact us page.

Acceptance of Terms/Changes

BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THIS WEBSITE. DFS RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, AND YOUR CONTINUED USE OF THIS WEBSITE AND/OR THE SERVICES CONSTITUTES AGREEMENT TO ALL SUCH CHANGES. AS THESE TERMS ARE SUBJECT TO CHANGE YOU SHOULD, ON OCCASION, VISIT THIS PAGE TO REVIEW THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Uses of this Website/Rules and Conduct

As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action, or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, as defined below, on or through our Services, including without limitation any User Content, as defined below, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by us in our discretion;
• you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DFS or any third party;
• impersonates any person or entity, including any employee or representative of DFS;
• includes anyone’s identification documents or sensitive information; or
• breaches the Privacy Statement and/or any of the other policies and rules incorporated herein.

You shall not (directly or indirectly):

• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
• bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
• run any form of auto-responder or “spam” on the Services;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
• harvest or scrape any Content from the Services;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Content (other than your User Content), except as expressly authorized by us;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
• otherwise take any action in violation of our guidelines and policies.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of DFS, its users and the public.

You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Services.

These rules are only the minimum level of conduct that we expect for our Website and Services. We also ask that you use common sense and be considerate toward other users. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Website and/or the Services at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

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 Website and to suspend and/or deny access to this Website and/or the Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Website 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 Website at any time.

Accounts, Security, and Passwords

Certain features or Content offered on the Website may require you to open an account or may otherwise ask you to provide information, including your name and email address (“Registration Data”). If you elect not to provide such information, you may not be able to access certain Content or features. By registering, you represent and warrant that all Registration Data and other information you submit to or through the Website is truthful, accurate, current and complete, and you agree to immediately provide corrected information if any of the submitted information is no longer truthful, accurate, current and complete. DFS will verify and approve all registrants in accordance with its standard verification procedures.

You agree to notify DFS immediately of any unauthorized use of a DFS account. You are responsible for maintaining the confidentiality of any of your usernames or passwords associated with DFS’s Website and Content. You may be held liable for losses or damages incurred by DFS or any other user of or visitor to the Website due to someone else using your user name, ID, password, or other information which provides access to the Website. DFS is not liable for any loss or damage that you may incur as a result of your failure to comply with these requirements.

You agree that you will not:

• create an account for anyone other than yourself without such person’s permission;
• create a user name that is the name of another person with the intent to impersonate that person;
• create a user name or DFS account that is subject to any rights of a person other than you without appropriate authorization; or
• create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason in our sole discretion. Such reasons may include, without limitation: where DFS believes that you are in any way in breach of these Terms; and where DFS believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Website or Services without notice or liability.

You agree that DFS may collect and use technical and usage data and related information, including but not limited to, technical information about your device, date and time of Website access, system and Website software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services to you (if any) related to the Website. You grant DFS the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which DFS believes you may be interested, including working with third parties who provide targeted advertising content. For more information on how we collect, use and share your online data and how you can manage your online privacy choices, please see our Global Privacy Center at https://www.discoverglobalnetwork.com/privacy-policy

NO WARRANTY

THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS. DFS AND THIRD PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THIS WEBSITE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DFS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

In no event will DFS, its affiliates, licensees, successors and assigns, or any other party involved in creating, producing, or delivering the Services or Content (the “Released Parties”) be liable for any lost profits, lost opportunity, lost data, cost of procurement of substitute goods or services, intangible loss, or any direct or indirect, special, incidental, exemplary, punitive, consequential or any damages whatsoever arising out of or in connection with your access to, use of or inability to use this Website, the Services, or any linked product, service or website or the copying or display of, or the interaction or any other form of communications with the Website, regardless of whether the Released Parties are advised of the possibility of such damages, losses, or expenses. This limitation applies to all causes of action, in the aggregate, including, but not limited to, securities law violations, breach of contract, breach of warranty, negligence, strict liability, medical and other malpractice, misrepresentation and any and all other torts.

Indemnity

You agree to indemnify, defend and hold harmless DFS, its affiliates and their respective officers, directors, employees, agents, successors and assigns (“DFS Entities”) from and against any actual or alleged claims, liabilities, damages, costs, expenses or losses (including, without limitation, reasonable attorney’s fees) arising from, in connection with, or based on allegations whenever made of any of the following: your breach of these Terms; your use of this Website, and any of the Services, and Content; any claim that your use of this Website, the Services, or any Content violates any law, including any copyright or other intellectual property law; the use of Your Content by any DFS Entity; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of these Terms. You will cooperate fully as reasonably required in the defense of any claim. DFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to the indemnification by you.

DFS Content/Proprietary Rights

All text, graphics, button icons, images, audio clips, video clips, software, copyrighted items, the Trademarks, as defined below, and other content and materials comprising this Website and our Services (collectively, “DFS Content”) is the exclusive property of DFS or its affiliates, except as otherwise stated. The collection, arrangement, and assembly of all DFS Content (the “Compilation”) belongs exclusively to DFS or its affiliates, licensors, or its suppliers. All software used on or in conjunction with this Website (the “Software”) is the property of DFS, its affiliates, licensors or its suppliers. The DFS Content, the Compilation and the Software (“DFS Intellectual Property”) are all protected by U.S. and international intellectual property laws and other laws.

Unless otherwise specified, this Website is for your personal and non-commercial use only and you are only authorized to print, copy and download for your records portions of the DFS Intellectual Property (including, without limitation, text, graphics, software, audio and video files and photos) available through the Services for your informational, non-commercial use, provided that you will not remove or obscure any copyright or other notices or legends contained in any such information. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. DISCOVER GLOBAL NETWORK and the other registered or unregistered trademarks, logos, slogan, and service marks displayed on this Website (collectively the “Trademarks”) are the trademarks of DFS, its affiliates, 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 websites on the World Wide Web without the written permission of DFS or such third party, which may own the Trademarks.

Commercial use of this website and DFS Content is limited to registered users who provide services to the public using the Discover Global Network. For registered users, commercial use is also governed by the terms of the agreements between DFS and you and/or your organization.

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 portion of the DFS Intellectual Property, or the design or layout of this Website or individual sections from it, in any form or media, without DFS’s prior written permission, except for the purposes expressly provided herein.

Procedure for Claims of Intellectual Property Infringement

We specifically prohibit users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Website or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is our policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.

If you believe that your intellectual property has been copied and is accessible on the Website or via the Services in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by providing the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the exclusive work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party;

(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written or electronic notice of copyright infringement or other intellectual property infringement should be mailed, faxed, or emailed to: Dennis Lee, DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015; fax: (224) 405-3555; iplegal@discover.com.

Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your Content along with that of the alleged infringer pending resolution of the matter.

We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

(a) your physical or electronic signature;

(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

(c) statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which DFS may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Advertisements and Promotions

Our Website may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in, or promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-DFS advertisers or third party information on the Services.

Links

This Website may contain links to third party websites. 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 website. In no event shall DFS be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such third party website and the website's privacy policy may be different from those applicable to your use of this Website.

Forward Looking Information

Certain information on the Website contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. DFS undertakes no obligation to update publicly or revise any forward-looking statements.

Press Releases

All press releases and other materials presented or released to the financial community that are contained on the Websites were, to the best of DFS’ knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. DFS has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained on the Websites.

Termination

DFS may terminate your access to all or any part of the Website and/or Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy

Please note that by using our website, you signify your consent to our Online Privacy Statement https://www.discoverglobalnetwork.com/privacy-policy

Dispute Resolution

These Terms 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 and Conditions 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 website must be commenced within one (1) year after the claim or cause of action arises.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of these Terms, 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, and the remainder of these Terms shall continue in full force and effect. Except for the Privacy Policy, these Terms constitute the entire agreement between DFS and you with respect to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof. These Terms were last updated June 28, 2024. Please check back for updates and changes. If you have any questions regarding these Terms, the Website, or the Services, please contact us.

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