TERMS OF USE

Valero^® MyCard Online Agreement and Disclosure

1. Acceptance of Terms. This Service Agreement (this "Agreement") governs the terms and conditions of your use of the Valero^® MyCard Online System ("System") offered by Valero Payment Services Company ("VPSC"). Please read it carefully. By clicking the "I Accept" button, you (the user) agree that you have read and understand this Agreement and that you, or anyone authorized by you, will be bound by and comply with all of its terms.

VPSC maintains this System on its website at www.valero.com (the "Site") for your information, education and communication. Please read these terms, information about Reasonable Accommodation , the Legal Notice and the Privacy Statement carefully before using the Site. Access to and use of this Site is subject to the terms and conditions set forth below. Your use of the Site signifies your acceptance of these terms. If you do not agree to these terms, please do not use the Site or this System.

2. Overview of Service. The Valero^® MyCard Online System is a service that allows you to view account information for your DSRM National Bank/Valero^® Credit Card Account, including, but not limited to transaction and billing information, account balance, minimum payment due, and payment due date. Additionally, this System allows the ability for you to make a payment on your account.

3. Eligible Users. In order to use the System, (i) you must have a DSRM National Bank/Valero^® Credit Card Account, and (ii) you must have an active e-mail address. As a user of the System, you agree to provide true, accurate, current and complete information about yourself as requested and you agree not to misrepresent your identity.You bear the burden of any legal, regulatory, or other requirements, and any penalties and fees that may be assessed by supplying false information to VPSC.

4. Laws and Regulations. User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You agree to use the System only for bona fide and lawful purposes. VPSC has the right to terminate your access to the Valero^® MyCard Online System (“Access”), and may refuse to process (or reverse) any transaction if VPSC believes, in its sole discretion, that you are using the System for any illegal or improper purpose. You agree that VPSC will not be held responsible or liable to you or any other person for such action.

5. Consent and Use.

A. General. The System is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

This Agreement and any amendments, modifications or supplements to it.
Any customer service communications regarding the Valero^® MyCard Online System, including without limitation communications with respect to claims of error or unauthorized use of the System.
Any other communication related to the System.

Although VPSC reserves the right to provide Valero^® MyCard Online Communications in paper format at any time, you agree that VPSC is under no obligation to do so. All Valero^® MyCard Online Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you, and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not request Access to the System.

B. Hardware and Software Requirements. In order to use Valero^® MyCard Online, you must meet the minimum System Requirements and have:

An e-mail account and e-mail software capable of interfacing with Valero’s e-mail system.
A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
A printer that is capable of printing from your browser and e-mail software.

C. User Responsibility. You agree to keep your email address and other important Account information current by submitting changes as necessary to the Valero^® MyCard Online Profile Page, or emailing us at cs_credit@valero.com , or calling us at 1-800-333-3560, or mailing us at PO Box 631, Amarillo, TX 79105.

D. Delivery of Electronic Communications. Communications may be posted on the Valero^® MyCard Online System pages within the Valero^® web site or other web site disclosed to you and/or delivered to the e-mail address you provide. All electronic Communications will be deemed to have been received by you no later than five (5) business days after Valero^® sends it to you by e-mail or posts the Communication on the System, whether or not you have received the e-mail or retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Valero’s e-mail server to the appropriate e-mail address. An electronic Communication by posting to the Valero^® MyCard Online System is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

6. Termination. If you wish to terminate your Access, you may do so at any time by notifying VPSC through e-mail at cs_credit@valero.com, telephone at 1-800-333-3560, or mail at PO Box 631, Amarillo, TX 79105. VPSC may, without notice (except as required by law) and without liability to you, terminate or suspend your access to the Valero^® MyCard Online System at any time and for any reason. Terminating or suspending your Access to the System will not affect the terms of your DSRM National Bank/Valero^® Credit Card Account.

7. Protecting User ID and Password. You are responsible for keeping your User ID and Password confidential and for ensuring that you have logged out of the System when your session is complete.If you give your User ID or Password to another person, you will be deemed to have authorized them to use that User ID or Password for any and all purposes, without limitation. You agree that VPSC shall not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your User ID or Password to any other person, including any losses or damages arising out of the re-disclosure of this information by the recipient to another person. You agree to immediately contact us by email at cs_credit@valero.com or by phone at 1-800-333-3560 if you suspect unauthorized use of your User ID or Password.

8. Indemnification. You agree to indemnify and hold Valero Payment Service Company and VPSC’s parent, Valero Energy Corporation, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, suppliers and subcontractors harmless from any claim, loss or demand, including but not limited to reasonable attorney’s fees, made by any third party due to or arising out of your use of the System.

9. Liability Limitations. VPSC is not liable for any loss resulting from a cause outside VPSC’s direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, power outages, telephone or other interconnect problems, computer viruses, "hacking," unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, acts of terrorism, wars, or government restrictions, or for any information lost due to malfunction or loss of any e-mail systems. In addition, we will not be responsible for any problems, costs or consequences of

Your failure to provide us with correct, current and complete information
Our inability to confirm your identity
Your inability to access the information on the System
Inaccuracies or errors in the information or material on the System;
Termination or suspension of access to the System;

10. DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, VPSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VPSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VALERO^® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. International Use. User acknowledges and agrees that by providing VPSC with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with VPSC’s standard business practices.

12. Fees . VPSC does not charge fees for your use of the Valero^® MyCard Online System. You are responsible for any and all telephone access fees and /or Internet service fees that may be assessed by your telephone and/or Internet service provider.

13. Assignment and Waivers. You may not assign this Agreement to any other party. VPSC may assign this Agreement or delegate certain of their rights and responsibilities under this Agreement to third parties without notice to you. VPSC shall not be deemed to have waived any of their rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of VPSC to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.

14. Miscellaneous. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement may be modified from time to time. You may be subject to additional terms and conditions that may apply when you use related services or third-party software. In the event of a dispute regarding the Valero^® MyCard Online System, you agree to resolve the dispute by looking to this Agreement. This Agreement constitutes the entire agreement between you and VPSC regarding the use of the System. This Agreement and the relationship between you and VPSC shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts located within Bexar County, San Antonio, Texas. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to the use of the System or this Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.

You should print and retain this document and any communications for safekeeping and reference at any time during usage of the System.