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Governing Law This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to
you, the statute of limitations of the state where the lawsuit is filed will apply, without regard to that state’s conflicts of laws principles or its “borrowing statute.”
Severability Except as set forth in the “Arbitration” section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.
Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without first obtaining our
prior written consent.
MILITARY BORROWERS
Statement of MAPR Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost
of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 36 percent. This rate must include, as
applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the
credit transaction; (3) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee
charged (other than certain participation fees for a credit card account). If you would like more information about whether this section applies to you, please contact
us at 1- 844- DFS- 4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S. you can contact us at +1-801-451-3730.
Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call 1- 844- DFS- 4MIL
(1-844-337-4645) anytime 24/7. If calling outside the U.S. you can contact us at +1-801-451-3730.
CONTACT US
Unless we tell you otherwise, you can notify us:
• by phone at 1-800-347-3085 or
• in writing to Discover, P.O. Box 30943, Salt Lake City, UT 84130-0943.
When writing, please include your name, address, home phone number and
Account number. You must contact us within 15 days after changing your e-mail
address, mailing address or phone number.
DEFINITIONS
“Account” means your Discover card account.
“Afliate” means our parent corporations, subsidiaries and affiliates.
“ Authorized User” means any person you authorize to use your Account or
a Card, whether you notify us or not.
“ Balance Transfer” means a balance transferred from another creditor to
your Account.
“ Card” means any one or more Discover cards issued to you or someone else
with your authorization.
“Cash Advance” means the use of your Account for:
• obtaining cash from participating automated teller machines, financial
institutions or other locations; and
• online gambling, or to purchase lottery tickets, money orders, casino chips, foreign
currency or similar items.
“Check” means any check we send to you to access your Account.
“ Pricing Schedule” means the document entitled, “Pricing Schedule”, which lists
the APRs that apply to your Account and other important information.
“ Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the
Money Rates section of
The Wall Street Journal
on the last business day of the month.
“ Purchase” means the use of your Account to purchase or lease goods or services
at participating merchants.
“We,” “us” and “our” refer to Discover Bank, the issuer of your Card.
“You,” “your” or “yours” refer to you and any other person(s) who are also
contractually liable under this Agreement.
“Transaction Date” means the date shown on your billing statement for a
transaction or fee.
Agreement to Arbitrate. In the event of a dispute between you
and us arising out of or relating to this Account or the relationships
resulting from this Account or any other dispute between you or
us (“Claim”), either you or we may choose to resolve the Claim 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 Claim 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.
This Arbitration Provision does not apply if, on the date you submit
your Application or on the date we seek to invoke our arbitration
provision, you are a member of the Armed Forces or a dependent
of such a member covered by the federal Military Lending Act. If
you would like more information about whether you are covered
by the Military Lending Act, please contact us at 1-844-DFS-4MIL
(1-844-337-4645) or if you are calling from outside the U.S. at
+1-801-451-3730.
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
OTHER CARDMEMBERS, 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 the
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 the 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) or JAMS. The rules
for the arbitration will be those in this arbitration agreement and the
procedures of the chosen arbitration organization, but the rules in
this arbitration agreement will be followed if there is disagreement
between the agreement and the organization’s procedures. If
the organization’s procedures change after the claim is filed, the
procedures in effect when the claim was filed will apply. For a
copy of each organization’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
• JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018,
www.jamsadr.com (phone 1-800-352-5267).
If both AAA and JAMS are completely unavailable, and if you and
we cannot agree on a substitute, then either you or we may request
that a court with jurisdiction appoint a substitute.
Fees and Costs. If you wish to begin arbitration against us but
you cannot afford to pay the organization’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, P.O. 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.
ARBITRATION
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