Credit Scorecard Agreement

Your Credit Scorecard is provided by Discover Bank (“Discover”) to you exclusively for personal, family, and household purposes. By using Credit Scorecard, you agree to these terms (the "Agreement"). Please review this Agreement regularly because it may change. We will post notice on this page of any modifications we make to this Agreement. We reserve the right to stop providing Credit Scorecard at any time.

Credit Scorecard provides you with a FICO® Credit Score and certain other credit report information at no cost. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries.

The FICO® Credit Score we provide is the FICO® Score 8. The score range is 300-850. FICO® Credit Scores are based on information on your credit report, and give you a snapshot of your credit report information at a very specific point in time. As the information in your report changes, your score may also change. According to FICO®, 89% of the population experiences no score change or changes to their score by up to 20 points month to month. FICO® Credit Scores as well as other credit scores are based on credit bureau information and may be different from one credit bureau to the next.

Discover Financial Services and Fair Isaac are not credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Discover Financial Services and Fair Isaac do not provide "credit repair" services or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating.

Who Can Get a Credit Scorecard?

You must be a U.S. resident or a resident of America Samoa, Guam, Northern Mariana Islands, Puerto Rico or the Virgin Islands to use Credit Scorecard. Also, you must be at least 18 years old. We reserve the right to refuse access to Credit Scorecard at any time.

In some cases, you may not receive a Credit Scorecard. For example, your credit history may be too new; you may have a foreign address; or you may have key information that is mismatched or missing, such as an address change that has not been updated with the credit bureau.

Obtaining your Credit Information

You authorize Discover to obtain your credit report and score from one or more credit bureaus. Unless you cancel this authorization, we'll pull fresh credit report information for you the later of every thirty days or the next time you log into your Credit Scorecard.

You may cancel Credit Scorecard at any time. Please be aware that for a short time, you will continue to receive information about Discover products in connection with Credit Scorecard. Cancelling Credit Scorecard will not impact your receipt of other marketing messages from Discover unrelated to this product.

You can get a free credit report annually from Experian, Equifax and TransUnion. For more information go to www.annualcreditreport.com or call 1-877-322-8228.

Privacy

Please see the Credit Scorecard Privacy Statement.

Use of Credit Scorecard

You agree not to use this web site for any unlawful purpose. Unauthorized use of this website is prohibited, including misuse of passwords or misuse of any other information. You are responsible for maintaining the confidentiality of your username and password.

NO WARRANTY

YOU AGREE THAT YOU ASSUME ALL RISK FOR YOUR USE OF CREDIT SCORECARD AND THIS WEBSITE, AND THAT THEY ARE PROVIDED "AS IS". DISCOVER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND SERVICES PROVIDED AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS. NO WARRANTY OR REPRESENTATION OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND SERVICES PROVIDED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM DISCOVER OR THROUGH OR FROM CREDIT SCORECARD OR THIS WEBSITE WILL CREATE ANY WARRANTY OF ANY KIND.

LIMITATION OF LIABILITY

IN NO EVENT WILL DISCOVER 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 OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY ACCESS TO, USE OF OR INABILITY TO USE THE CREDIT SCORECARD AND/OR THIS WEBSITE OR ANY LINKED PRODUCT OR WEBSITE OR USE THEREOF REGARDLESS OF WHETHER DISCOVER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

Indemnification

You agree to indemnify, defend and hold harmless Discover, its affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any actual or alleged claims or losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of this Agreement; your use of Credit Scorecard; any claim that your use of Credit Scorecard violates any applicable law; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of this Agreement and/or your use of Credit Scorecard. You will cooperate as fully as reasonably required in the defense of any claim. Discover reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Governing Law

These terms are governed by Delaware law, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms shall be in an appropriate state or federal court located in Delaware.

Trademark Information

DISCOVER and the other trademarks, logos, and service marks displayed on this web site are the trademarks of Discover, its affiliates or their respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission.

Enforcing this Agreement

We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.

Remedies and Injunctive Relief

We can use all available remedies under the law in addition to any remedies provided by these terms, including but not limited to injunctive remedies with respect to this Agreement’s subject matter.

Severability

If any part of this Agreement is found to be invalid under the law, then we agree to consider it automatically revised so that it complies with the law and fits our original intent as closely as possible. The rest of these terms will continue to apply.

Survival

Even after your Credit Scorecard service ends, terms in this Agreement that relate to things that might happen after termination will survive and still apply after termination.

Third-Party Beneficiaries

Either of us, including any of the Discover family of companies, is entitled to enforce rights under these terms. Otherwise, no other person or company will be a third-party beneficiary to these terms.

Assignment

If we need to, we may assign rights under this Agreement to another party. You may not assign your rights under this Agreement.

Arbitration

Agreement to arbitrate. In the event of a dispute between you and us arising out of or relating to this Agreement, or any other dispute between you or us, including, for example, a dispute based on a federal or state statute or local ordinance ("Claim"), either you or we may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any Claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. Even if all parties have opted to litigate a dispute in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may award injunctive relief only in favor of individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not award class, representative or public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that claim (and only that claim( must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine validity, scope and effect of the Class Action Waiver.

Your Right to Go to Small Claims Court. We will not choose to arbitrate any individual claim you bring in small claims court or your state's equivalent court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA). The rules for the arbitration will be those in this arbitration agreement and the procedures of the AAA, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the AAA’s procedures. If the AAA’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply.

For a copy of each AAA’s procedures, to file a claim or for other information, please contact:

•AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (phone 1-877-495-4185) or

If AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute.

Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the AAA’s or arbitrator’s costs, we will advance those costs if you ask us in writing. Any request like this should be sent to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs (if actually paid by you).

Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:

•Follow all applicable substantive law, except when contradicted by the FAA;

•Follow applicable statutes of limitations;

•Honor valid claims of privilege;

•Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with AAA not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

Discover Identity Alerts

Discover credit monitoring and Social Security number alerts are offered by Discover Bank at no cost, only available online, and currently include the daily monitoring of your Experian® credit report and an alert when a new inquiry or account is listed on your report. This information is provided for free, as part of Discover’s Free Credit Scorecard membership to both existing and new members upon successful product registration. Alert services are based on Experian information and data which may differ from information and data at other credit bureaus. Monitoring your credit report does not impact your credit score. This benefit may change or end in the future. Discover Bank is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. To see a list of Frequently Asked Questions, visit discover.com/free-credit-score.

Claim Notice and Special Payment. If you have a Claim, before initiating an arbitration proceeding, you may give us written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding. The Claim Notice must include your name, address, and account number and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Discover, P.O. Box 794, Deerfield, IL 60015 (or such other address as we shall subsequently provide to you). If, and only if, (1) you submit a Claim Notice in accordance with this agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of Discover’s last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $7,500, whichever is greater. If you are entitled to the $7,500, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

Other Beneficiaries of this Agreement. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our Affiliates and our and their officers, directors and employees; any third party co-defendant of a Claim subject to this arbitration agreement; and all joint Accountholders and Authorized Users of your Account(s).

Survival of this Agreement. This arbitration agreement shall survive:

  • closing of your Account;
  • voluntary payment of your Account or any part of it;
  • any legal proceedings to collect money you owe;
  • any bankruptcy by you; and
  • any sale by us of your Account
Not registered yet? Sign up for free.