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Plain-English summary
The terms clearly state that Discover can change terms at any time, and your continued use implies agreement. Discover also limits its liability for losses or damages users might incur from using the website and requires users to indemnify Discover for certain claims. Importantly, users waive their right to a jury trial and must bring any cause of action within one year. Additionally, Discover can share chat contents with third parties and use session replay technologies. The company can also share and automatically update user account information with various third parties to facilitate online transactions and uses collected data for broad advertising purposes with third parties. Finally, Discover disclaims warranties and liability for errors on the website and obtains a broad, perpetual license to user-submitted content.
89% confidence
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Risk Flags
5 findings
Critical issues and red flags that could lead to significant harm.
high95% confidence
Unilateral changes to terms
Discover and its affiliates reserve the right to change the Terms of Use at any time, and continued use of the website constitutes agreement to all such changes.
Why it matters: Discover can change the terms of use without explicit user consent, and continued use implies agreement, which might bind users to new terms they haven't actively reviewed or agreed to.
the Discover companies, now part of Capital One Financial Corporation, (Discover) and its affiliates, reserve the right to change these Terms of Use at any time, and your continued use of this website constitutes agreement to all such changes.
**Terms of Use**, paragraph 1 · Citation strength: strong
high95% confidence
Limited Liability for Discover
Discover will not be liable for any lost profits, lost opportunity, lost data, 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 the website.
Why it matters: Users cannot hold Discover responsible for significant financial or data losses, or other damages related to their use of the website, even if Discover was aware of the possibility of such damages.
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, consequential or any damages whatsoever arising out of or in connection with your access to, use of or inability to use this website 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 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.
**Accounts, Security, and Passwords**, paragraph 10 · Citation strength: strong
high95% confidence
Mandatory Indemnification by User
Users agree to indemnify, defend, and hold Discover harmless from claims or losses arising from their breach of terms, use of the website and content, violations of law, use of user content by Discover, or negligent acts or omissions.
Why it matters: Users may be financially responsible for legal claims and losses incurred by Discover if those claims are related to the user's actions, use of the website, or content, or their negligence.
You agree to indemnify, defend and hold harmless Discover, its affiliates and their respective officers, directors, employees, agents, successors and assigns (“Discover Entities”) 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 these Terms of Use; your use of this website and content; any claim that your use of this website and any content violates any law; the use of Your Content by any Discover Entity; or any claim arising out of, or in connection with, your negligent acts or omissions.
**Accounts, Security, and Passwords**, paragraph 13 · Citation strength: strong
high95% confidence
Waiver of Jury Trial
The parties unconditionally waive their respective rights to a jury trial.
Any cause of action a user may have with respect to their use of this website must be commenced within one year after the claim or cause of action arises.
Why it matters: Users have a significantly reduced time frame (one year) to bring legal claims against Discover, potentially missing the opportunity to seek redress for issues that may not become apparent until later.
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.
How the company collects, uses, and shares your personal information.
medium95% confidence
Sharing Chat Contents with Third Parties
By using the automated chat functionality, users agree that Discover may share the contents of these messages with the third-party service provider that offers the service.
Why it matters: Users' chat communications, which may contain sensitive personal information, can be shared with a third-party service provider, potentially without their direct knowledge of that provider's privacy practices.
By using this feature, you agree that we may share the contents of these messages with the third party service provider that allows us to offer this service.
**Terms of Use**, paragraph 2 · Citation strength: strong
medium95% confidence
Use of Session Replay Technologies
Discover may implement session replay technologies to understand how users navigate its website, engage with content, and click on portions of the website.
Why it matters: Users' interactions with the website, including their navigation paths, content engagement, and clicks, may be recorded and analyzed, potentially providing a detailed view of their online behavior.
Please note that this may include the implementation of session replay technologies. These Terms of Use do not apply to non-Discover websites, mobile applications, or other online services of Capital One or its other businesses or subsidiaries.
**Terms of Use**, paragraph 6 · Citation strength: strong
medium95% confidence
Sharing Account Information for Online Transactions
Users agree that Discover may transmit, share, display, and use their account information, including card data, email, phone number, billing address, and card design, with wallet providers, online merchants, or other third parties to facilitate online transactions.
Why it matters: Users' detailed account and personal information can be shared with various third parties to enable online transactions, which carries a risk of exposure or misuse if those third parties have inadequate security or privacy practices.
In addition to the Data Sharing Agreement below, in order to facilitate online transactions initiated by you, you agree that Discover may transmit, share, display, and use your Discover account information which may include card data, email address, phone number, billing address, and card design with wallet providers including Discover Click to Pay, online merchants, or other third parties (“Permitted Party”).
**Accounts, Security, and Passwords**, paragraph 3 · Citation strength: strong
medium95% confidence
Authorization to Provide Updated Account Information to Third Parties
If Discover account information changes, users authorize Discover to provide updated information to any Permitted Party at Discover's discretion.
Why it matters: Discover can automatically update third-party partners with new user information without requiring explicit user consent for each update, potentially propagating changes that users may not wish to share with all parties.
If your Discover account information changes you authorize us to provide updated information to any such Permitted Party at our discretion.
**Accounts, Security, and Passwords**, paragraph 3 · Citation strength: strong
medium95% confidence
Broad Data Collection and Use for Advertising
Discover may collect technical and usage data, including device information, website access times, system and website software, and peripherals, and use this information to improve products, advertisements, and sites, or to provide services or technologies to users, as well as to provide targeted advertising content, including working with third parties.
Why it matters: Extensive technical and usage data, potentially including details about a user's device and browsing habits, can be collected and used for internal improvements and broad advertising purposes, including sharing with third-party advertisers, which may lead to more targeted ads and increased data exposure.
Additionally, you authorize Discover to implement session replay technologies, that allow us to better understand how you navigate our website, how you engage with our content, and the portions of our websites on which you click. You grant Discover the permission to use this information to improve its products, advertisements and sites or to provide services or technologies to you, as well as to provide advertising content in which Discover believes you may be interested, including working with third parties who provide targeted advertising content.
**Accounts, Security, and Passwords**, paragraph 4 · Citation strength: strong
Cancellation and Renewal
Not clearly stated
Terms related to how you can cancel services, automatic renewals, and associated conditions.
?
Not clearly stated
No cited billing terms — wording is unclear
This document does not clearly state terms related to cancellation or renewal. It references "termination or expiration of these Terms of Use" but does not specify user cancellation rights or auto-renewal conditions.
Gotchas
3 findings
Potentially overlooked clauses that could be unfavorable or unexpected to users.
medium95% confidence
Disclaimer of Warranties
The information, materials, products, and services on this website are provided "AS IS" and "AS AVAILABLE" without any warranty, including accuracy, adequacy, completeness, title, non-infringement, merchantability, fitness for a particular purpose, and freedom from computer virus.
Why it matters: Users have no guarantees regarding the quality, accuracy, safety, or suitability of the website's content, products, or services, and cannot seek recourse for defects or issues covered by these disclaimed warranties.
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. Discover AND THIRD PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABIILTY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THIS WEBSITE.
**Accounts, Security, and Passwords**, paragraph 7 · Citation strength: strong
medium95% confidence
Non-Liability for Errors or Omissions
Discover and third-party data providers expressly disclaim liability for errors or omissions in the information, materials, products, or services on this website.
Why it matters: Users cannot hold Discover or its data providers responsible if they suffer harm or make decisions based on inaccurate or incomplete information found on the website.
Discover AND THIRD PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABIILTY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THIS WEBSITE.
**Accounts, Security, and Passwords**, paragraph 7 · Citation strength: strong
medium95% confidence
Broad License to User Content
Users grant Discover an irrevocable, fully paid, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, worldwide license to use, copy, publish, distribute, adapt, and modify their content, or create derivative works for any purpose across all media.
Why it matters: Discover obtains broad and perpetual rights to use, modify, and distribute any content users submit to the website, potentially for commercial purposes, without payment or further consent from the user.
you grant the Discover Entities an irrevocable, fully paid, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, worldwide license to use, copy, publish, distribute, adapt and modify Your Content, or create derivative works from Your Content, in any and all media now known or hereafter devised, for any purpose and you have obtained any consents necessary to grant this license;
**Accounts, Security, and Passwords**, paragraph 22 · Citation strength: strong
Protections
Not clearly stated
Commitments and features that benefit you as a consumer.
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Not clearly stated
No cited protections — wording is unclear
This document does not clearly state any specific protections for the user such as data deletion rights, refund policies, or advanced notice of changes.
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