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Terms of Use

Website Terms and Conditions

Please read the following terms and conditions ("Terms") carefully. By using this website ("website"), you ("You") acknowledge that You have read the Terms and that You accept and will be bound by the Terms, which may be modified by MBNA Canada Bank® ("MBNA Canada") from time to time and re-posted on this website. If You do not agree to the Terms, You shall immediately cease using the website.

Intellectual Property Rights

The website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, photos, video, graphics, music, and sound, and the entire contents of the website ("Information") are copyrighted as a collective work under the copyright laws of Canada. MBNA Canada® owns a copyright in the selection, coordination, arrangement, and enhancement of the Information. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Information, in whole or in part, except for personal purposes. You may download the Information for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Information will be permitted without the express permission of MBNA Canada. In the event of any permitted copying, redistribution, or publication of the Information, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading Information.

Trademarks

MBNA, MBNA Canada, MBNA Canada Bank, CreditWise, Gold Reserve, MBNA PremierRewards, MBNA TravelRewards, Platinum Plus, Platinum Prestige Line, WorldPoints and the mbna logo are all trademarks of FIA Card Services, National Association, used by MBNA Canada Bank pursuant to licence.

MasterCard, MasterPurchase, Purchase Assurance and MasterRental are registered trademarks of MasterCard International, Incorporated, used pursuant to licence.

All other trademarks are the property of their respective companies.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MBNA CANADA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENCORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, CIVIL LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

IN NO EVENT WILL MBNA CANADA OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF MBNA CANADA IS ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL INFORMATION ON THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, MBNA CANADA, ITS AFFILIATES, AND ITS THIRD-PARTY LICENCORS SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR PUNITIVE OR CONSEQUENTIAL DAMAGES. NONE OF MBNA CANADA, ITS AFFILIATES, AND ITS THIRD-PARTY LICENCORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THE INFORMATION.

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE WEBSITE DO NOT IMPLY MBNA CANADA'S ENDORSEMENT OF SUCH PRODUCTS, SERVICES, OR PUBLICATIONS.

Indemnification by You

You hereby agree to defend, indemnify, and hold harmless MBNA Canada, its affiliates, third-party licencors and their respective directors, officers, employees, and agents from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to Your violation of the Terms or your use of the website, including the Information.

Links to Other Websites

The website contains links to third-party websites. MBNA Canada is not responsible for the content, accuracy, or opinions expressed in such third-party websites, and the inclusion of any third-party website does not imply the approval or endorsement of such third-party website by MBNA Canada. Furthermore, a link to third-party websites should not be construed to mean that MBNA Canada is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party websites.

Submission of Your Information

All information transmitted or otherwise submitted to MBNA Canada by You via the website shall be deemed to be the property of MBNA Canada. MBNA Canada shall be free to use such information for any lawful purpose. MBNA Canada shall not have any obligation to keep any information confidential, except as otherwise specifically agreed to in writing by MBNA Canada or as required by law.

You hereby acknowledge that the Internet is not a secure medium and privacy cannot be guaranteed or ensured. MBNA Canada shall not be responsible for any damages that You or any third-party may suffer as a result of the transmission of confidential information that You make to MBNA Canada through the Internet or that You expressly or implicitly authorize MBNA Canada to make or for any errors or any changes made to any such transmitted information.

General

MBNA Canada is a federally chartered national bank with its head office located at 1600 James Naismith Drive, Ottawa, Ontario, Canada, K1B 5N8. MBNA Canada can be also be contacted at 1.888.876.6262. For the purposes of the Terms, references to MBNA Canada shall include any affiliates, directors, and employees of MBNA Canada.

MBNA Canada shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

You agree not to impersonate another person in Your use of the website or the sending of any email to an address listed on the website.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto.

Any products, services or publications mentioned in the website are made available in accordance with local law and only where they may be lawfully offered for sale.

The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms.

To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect.

Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms.

The Terms constitute the entire agreement between You and MBNA Canada with respect to the website and supersede all previous written or oral agreements between You and MBNA Canada with respect to the website.

Last revised: July 14, 2003