SYNCHRONY BANK ONLINE CREDIT SITE

TERMS AND CONDITIONS FOR THE SYNCHRONY BANK ONLINE CREDIT SITE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS ONLINE SITE

This online credit center that may be accessed directly through a website or through a mobile application (the "Site"), is provided by Synchrony Bank ("Bank"), the issuer of the retailer or dealer branded credit cards (including any retailer or dealer branded Visa, Mastercard®, American Express® or Discover cards) (each, respectively, a "Card") which may be associated or used with this Site. In these terms and conditions, the term "Retailer" relates to each retailer/dealer/merchant that is associated with a Card account ("Account") and "you" or "your" means an individual that is the applicant or holder of a Card Account.

This Site may be used to obtain information about a Card, obtain and submit an application for a Card Account, to perform account servicing functions for a Card Account, including, without limitations, to view account summaries, make payments, review payment history, and view transaction history or to make purchases through a third party site, using a Card. Bank may change, modify, remove, suspend, discontinue or terminate any aspect of this Site or service, including the availability of any features or content at any time without notice or liability. Bank, in its sole discretion, may also impose limits or restrictions on certain services, features or content, or terminate your access to parts or all of this Site or service without notice or liability.

The provisions herein are referred to as the "Terms and Conditions" and constitute an agreement between you and Bank. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE SYNCHRONY INTERNET PRIVACY POLICY (WHICH ALSO GOVERNS YOUR VISIT TO THE SITE AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS), AS AMENDED FROM TIME TO TIME, YOU MAY NOT USE OR OTHERWISE ACCESS THIS SITE AND SHOULD EXIT THE SITE. These Terms and Conditions apply exclusively to your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with Bank, including the Account agreement for your Card Account. Please note that these Terms and Conditions contain waivers by you of certain rights you may have against Bank and its affiliates.

RESTRICTIONS ON USE/USER CONDUCT. In order to use this Site, you must be at least 18 years old or have reached the age of majority in your state of residence and be a resident of the United States. If you do not satisfy these restrictions on use, please do not use the Site or download materials from the Site.

In addition, use of the Site is restricted to personal, family or household use. The Site may not be used for commercial purposes or for governmental purposes.

In using this Site, you agree:

● Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked web sites;

● Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;

● Not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive code, files or programs;

● Not to use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site;

● Not to attempt to obtain unauthorized access to the Site, the Bank’s servers or networks or portions of the Site or affiliated or linked web sites which are restricted from general access; and

● Not to use any robot, spider, or other automatic device, or manual process to monitor, extract, collect, harvest or copy Site or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site.

In addition, you agree that you are solely responsible for actions and communication undertaken or transmitted for your Card Account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of activities on this Site and affiliated or linked web sites.

INTERNET PRIVACY POLICY. The Bank has an Internet Privacy Policy that describes the types of information that the Bank collects from you, your computer and/or your mobile device (as applicable) when you access or use the Site and affiliated web sites.

ACCOUNT INFORMATION. Information regarding your Card Account, including transaction and payment information that may be provided via the Site are in addition to, and do not replace, your Card Account billing statement. In the event of a conflict with account or payment information provided on the Site, your Card Account billing statement shall govern.

INFORMATION PROVIDED BY YOU. You represent and agree that all information you provide to Bank in connection with the Site is accurate, current, and complete and that you have the right to provide such information to Bank for the purposes of using the Site. You agree not to misrepresent your identity or your Account information. Bank does not want you to, and you should not, send any confidential or proprietary information to Bank via the Site, except for certain information requested in the application for a Card or in connection with performing account servicing functions for a Card Account. You further agree that, except as provided in Bank’s Internet Privacy Policy, any information or materials that you or individuals acting on your behalf provide to Bank will not be considered confidential or proprietary. By providing any such information or materials to Bank, you grant to Bank an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials, except as limited by Bank’s Internet Privacy Policy, and you further agree that Bank is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Bank. You further recognize that Bank does not want you to, and you warrant that you shall not, provide any information or materials to Bank that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

SYSTEM REQUIREMENTS AND FEES. You acknowledge that you have the appropriate computer/device system and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Bank shall not be responsible for any communications line failure, equipment or systems failure or other such occurrence.

CONSENT TO ELECTRONIC SIGNATURES. Your affirmative actions in using this Site, such as clicking "I Accept," "Submit" and the like and uploading of data to us, signify that you agree to adopt and execute the action or electronic record with the intention to be legally bound. Such affirmative actions will have the same legal force, effect, validity and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law. You agree not to contest the admissibility, legal effect, validity or enforceability of such electronic signatures in any proceeding arising out of use of the Site.

SECURITY. You understand that mobile applications and the Internet are not fully secure against interception or attacks from third parties. We will try to keep this channel secure but you acknowledge that, regardless of whether you are using a web browser with security features, we are unable to ensure that data contained in any related Internet transmission between us will not be intercepted by third parties. You agree that we will not be liable should any such interception occur.

We utilize passwords and other security devices to protect your Card Account from unauthorized access and you agree to protect and keep confidential your Card Account number, user ID, passwords and any other security credentials used on the Site. If you disclose your Card Account number, user ID, password or any other security credentials to any person(s) or entity, you assume all liability associated with such disclosure. If you permit any person(s) or entity, including any data aggregation service providers, to use your security credentials to access your Card Account, you are responsible for all transactions and activities associated with your Card Account and for any use of your information by such person(s) or entity.

Except as otherwise may be provided in the Card Account agreement, Bank is not responsible for any losses that result from the loss or theft of your mobile device or the loss or theft of your information transmitted from or stored on your mobile device. You must report immediately any unauthorized use of your Account on the Site by contacting Bank customer service at the number on the back of your Card.

You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us and/or to our third party service provider, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Internet Privacy Policy for how we treat your data.

MAKING PAYMENTS ON THE SITE. By entering your user ID and Password when accessing the Site, you authenticate yourself and confirm your agreement to the payment authorization contained in these Terms and Conditions. Your payment has to be scheduled by the due date on your Card Account in order for the payment to post on time, without a late fee. Your payment may be scheduled in advance of your payment due date. Your Payment will be credited to your Card Account on the day when you make it, but may not be displayed on your Card Account for up to 48 hours. Subject to our receipt of funds from your payment, your available credit will be updated within two business days of the Payment Date. You may use the Site to cancel any future scheduled payments.

LIMITED LICENSE. Subject to these Terms and Conditions, Bank grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon ("Materials"). You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copy of the Materials. Except as expressly provided herein, Bank does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

DISCLAIMER OF WARRANTIES. Bank shall not be responsible for the accuracy, completeness or use of any information received by you through the Site. THE SITE, INCLUDING ALL SOFTWARE FUNCTIONS AND CONTENT, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE BASIS”. BANK DOES NOT MAKE ANY REPRESENTANTION OR WARRANTY, EXPRESSED OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF CONDUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BANK DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. BANK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS OR SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

LIMITATION OF DAMAGES. BANK, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF THE SITE OR ANY BROWSER SOFTWARE. IN NO EVENT SHALL BANK, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), EVEN IF BANK IS EXPRESSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATED TO YOUR USE OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE SITE, ITS CONTENT OR FUNCTIONS OR ANY LINKED WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BANK, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BANK AND YOU. THIS SERVICE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSES OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.

WAIVER, RELEASE AND INDEMNITY. You release, discharge and hold harmless Bank and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by Bank. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.

THIRD-PARTY SITES. As a convenience to you, Bank may operate this Site within or in connection with a Retailer website or application. In addition, Bank may provide, on the Site, links to web sites operated by other entities. If you link to a third party site or leave the Bank controlled portion of an application or Retailer website, you will leave this Site and do so at your own risk, and it is your responsibility to review all applicable privacy policies and take all protective measures to guard against any viruses or other destructive elements. Bank makes no warranty or representation regarding, and does not endorse, any linked web sites or applications or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Bank or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Bank or any of its affiliates or subsidiaries.

CHANGES. Bank reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions. Changes to these Terms and Conditions will be effective when notice of such changes is posted on the Site. If you use the Site once they are revised, it means you agree to those changes. Bank may also terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Bank may remove, modify or otherwise change any content, including that of third parties, on or from the Site. Bank also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. Bank may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. Bank may terminate your use of the Site at any time in its sole discretion.

U.S. SITE. The Site is meant for U.S. users and is governed by U.S. law. If you are a user from outside the U.S. be aware that you are agreeing to be treated as a U.S. user. Access to the Site from territories where its contents are illegal is prohibited.

CHOICE OF LAW. These Terms and Conditions shall be governed by the laws of the State of New York and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts of New York. These Terms and Conditions constitute the entire agreement between Bank and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site 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 Terms and Conditions or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms and Conditions shall continue in full force and effect.


Last updated: 9/2020
Copyright 2020 Synchrony Financial. All rights reserved.

[WF2733987B]
6/14 (REV 9/2020)
Online Usage Agreement