Capital One Shopping is a free deal-finding service run by Capital One Shopping Holdings, LLC
These are the U.S. terms for Capital One Shopping, a free set of tools (website, mobile app, browser extensions and related communications) that help shoppers find deals at third-party online merchants. The agreement is with Capital One Shopping Holdings, LLC, not with the bank: the terms use “Capital One” to mean Capital One, N.A. and its affiliates, and “Capital One Shopping”, “we” or “us” to mean the Shopping company. The service makes money from merchant commissions and shares part of a commission with you when you make an Eligible Purchase from a partner merchant that pays one.
Supporting quotations
Revised Capital One Shopping U.S. Terms of Service
We offer free Services that help shoppers like you find deals.
We share a portion of the commission with you when you use our Services to make an Eligible Purchase from one of our partner Merchants and we receive a commission from the Merchant.
are a binding agreement between you and Capital One Shopping Holdings, LLC
are provided by Capital One Shopping Holdings, LLC, located at Capital One Shopping, PO Box 269030, Plano, TX 75026-9030
“Capital One” refers to Capital One, N.A. and its affiliates and subsidiaries. “Capital One Shopping,” “we,” “us,” or “our” refers to Capital One Shopping Holdings, LLC.
The Services include our websites at capitaloneshopping.com and any subdomains (collectively, the “Sites”), our browser extensions including the Capital One Shopping extension (“Shopping” or “Shopping Browser Companion”) and Adblock from Capital One Shopping extension (“Adblock” or “Adblock Browser Companion”) (collectively, “Browser Companions”)
Our Services include tools that assist users who wish to obtain and share pricing information about, and purchase products or services from, a variety of third-party merchants (“Merchants”).
Qualifications & exceptions
“Affiliates” in these terms includes companies under common ownership with Capital One Shopping, including its parent company.
The commission share applies only to an Eligible Purchase from a partner Merchant that pays Capital One Shopping a commission; the detailed reward conditions are in section 6.
The page's closing line gives July 16, 2026 as the effective date of the last update.
Not stated here
The separate Capital One Shopping Online & Mobile Privacy Policy, which these terms incorporate in section 5, is not supplied with this document.
Legal Rights & Agreement Rules · Context
Disputes are subject to a binding arbitration provision in section 31
A notice at the top of the terms warns that the agreement contains a binding arbitration provision that governs how disputes between you and Capital One Shopping are resolved, and points to section 31 (the Arbitration Agreement) for details. Under that section either side can choose arbitration instead of court, class actions are waived, small-claims cases stay in court, and you can reject arbitration within 30 days of its effective date.
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ARBITRATION NOTICE
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT GOVERNS THE MANNER IN WHICH DISPUTES BETWEEN US ARE RESOLVED. PLEASE SEE SECTION 31 OF THIS AGREEMENT FOR FURTHER DETAILS.
Qualifications & exceptions
Section 31's heading (“ARBITRATION AGREEMENT”) carries no number in the saved text; its subsections are numbered 31.1 to 31.14.
Arbitration applies only if you or Capital One Shopping chooses it, and you may reject it by giving notice within 30 days of the effective date of the arbitration agreement or of a later modification (31.14).
Section 23.3 says section 31 does not apply to disputes between a Merchant and Capital One Shopping.
Using any part of the Services means you accept these terms
By accessing or using any part of Capital One Shopping, you agree to these terms. If you do not agree, you may not use any part of the Services.
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By accessing or using any part of the Services, you agree to these Terms.
If you do not agree to these Terms, you may not access or use any portion of the Services.
Legal Rights & Agreement Rules · Restriction or exception
Merchant coupons and specials shown by Capital One Shopping are the Merchant's responsibility
Capital One Shopping may email or otherwise show you coupons, discounts or other specials that come directly from Merchants (Third-Party Promotions). These can change without notice. Capital One Shopping does not control whether a Merchant honors them, is not responsible for their redemption, omissions, expiration or errors, and does not endorse or guarantee them. Your dealings with the Merchant over such a promotion, and any terms or warranties attached, are solely between you and that Merchant, and the Merchant alone is responsible for providing what it promised.
Supporting quotations
We may email or otherwise provide you with coupons, discounts, or other specials offered directly by Merchants (collectively “Third-Party Promotions”).
All Third-Party Promotions featured as a part of the Services are subject to change without notice.
we have no control over the ability of any Merchant to fulfill Third-Party Promotions (including completing sales in accordance with the offers)
are solely between you and that Merchant
We are not responsible for redemption, omissions, or expiration of, or errors related to, Third-Party Promotions.
Merchants will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products, and Capital One Shopping does not legally endorse or guarantee them.
Qualifications & exceptions
Third-Party Promotions (Merchant offers) are distinct from Shopping Promotions, which are Capital One Shopping's own reward offers.
Legal Rights & Agreement Rules · Procedure
The terms and Privacy Policy can change at any time, and continuing to use the Services means you accept
Capital One Shopping may change these terms or the Privacy Policy at any time. Notice of a material change is given by posting a new version or a change notice on its websites. If you do not agree to a change, or at any time find the terms or Privacy Policy unacceptable, you must uninstall and stop using the Services immediately. Using the Services after a change takes effect counts as accepting it, and it is your responsibility to review the terms and Privacy Policy periodically.
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CHANGES TO OUR SERVICES AND TERMS
CAPITAL ONE SHOPPING RESERVES THE RIGHT TO CHANGE THESE TERMS OR THE PRIVACY POLICY AT ANY TIME.
Notice of any material change will be given by the posting of a new version or a change notice on the Sites.
you must uninstall and discontinue all use of and access to the Services immediately, and refrain from using them thereafter
Use of the Services after the effective date of a modification constitutes your acceptance of any modified Terms or the Privacy Policy.
It is your responsibility to review these Terms and the Privacy Policy periodically.
Qualifications & exceptions
Notice is by posting on the websites only; no direct notice to you is promised for changes to these terms generally.
Changes to the arbitration agreement follow section 31.13 instead: advance written notice and a 30-day window to reject the change.
Legal Rights & Agreement Rules · Restriction or exception
The Services may have errors, delays or outages and are not guaranteed to be available
Whether the Services are available and work properly depends on software, hardware and networks, some provided by third parties, which are not fault-free. Capital One Shopping makes no guarantee that the Services will be error-free, run without disruption, delays or imperfections, or be accessible or available at all times.
Supporting quotations
The availability and functionality of the Services depend on various factors, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault free.
Capital One Shopping makes no guarantees that the Services will always be error-free, or that they will function without disruption, delays, or imperfections, or that they will be accessible, or available at all times.
Legal Rights & Agreement Rules · Restriction or exception
Third-party content and opinions are not Capital One Shopping's, and it is not liable for your reliance on information
Content on the Services, including other users' content, is licensed to Capital One Shopping by its owners (Licensed Content) and protected by intellectual property law. Opinions, advice, statements, offers or other information in Licensed Content belong to their authors or producers, not to Capital One Shopping, Capital One (Capital One, N.A. and its affiliates) or their staff, partners or Affiliates. The terms say none of them will be held liable for any loss or damage caused by your reliance on any information obtained through the Services.
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LICENSED CONTENT
Content on the Services, including User Content provided by other users, has been licensed to Capital One Shopping in accordance with various licensing agreements between Capital One Shopping and the persons or entities who own the rights to that content (“Licensed Content”).
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Services are those of the respective authors or producers and not of Capital One Shopping, Capital One, or our directors, officers, employees, agents, representatives, partners, or Affiliates.
will not be held liable for any loss or damage caused by your reliance on any information obtained through the Services
“Capital One” refers to Capital One, N.A. and its affiliates and subsidiaries.
Qualifications & exceptions
The no-liability sentence covers reliance on any information obtained through the Services, not only Licensed Content.
Legal Rights & Agreement Rules · Restriction or exception
You supply your own equipment and pay third-party access fees, and the Services can change or stop without notice
Capital One Shopping does not provide the equipment you need to use the Services, and you pay any third-party charges for access, such as internet or mobile carrier fees. It may modify or discontinue all or part of the Services, temporarily or permanently, without notice, and says it will not be liable to you or anyone else for any modification, suspension or discontinuance.
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ACCESS AND MODIFICATIONS TO THE SERVICES
Capital One Shopping does not provide you with the equipment to use the Services. You are responsible for all fees charged by third parties to access and use the Services (e.g., charges by ISPs or mobile carriers).
Capital One Shopping reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice.
Capital One Shopping will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Legal Rights & Agreement Rules · Restriction or exception
Your obligations continue after you stop, and Capital One Shopping is not liable for losses from termination
You remain solely responsible for all obligations related to your use of the Services even after you stop using them. Neither Capital One Shopping nor its Affiliates, licensors, suppliers or vendors are liable to you or anyone else for any loss caused by ending the Services or your access, including damage or loss to data, computers, systems or networks.
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You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
Neither Capital One Shopping nor any of our Affiliates, licensors, suppliers, or vendors is liable to you or to any third party for any loss caused by any termination of the Services or termination of your access to the Services
Legal Rights & Agreement Rules · Restriction or exception
You are liable for breaches by anyone acting for you, and Capital One Shopping intends to cooperate with law enforcement
You are liable for breaches of these terms by you, your affiliates, consultants, agents, contractors or employees, and anyone else accessing the Services on your behalf, directly or indirectly. Capital One Shopping says it intends to cooperate fully with law enforcement investigating any violation of these terms or of applicable law.
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You agree that you will be liable for breaches of these Terms by you or by your affiliates, consultants, agents, contractors, or employees and anyone else accessing the Services on your behalf (directly or indirectly).
Capital One Shopping intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Legal Rights & Agreement Rules · Restriction or exception
Capital One Shopping does not monitor, endorse or guarantee the accuracy of third-party links and content
The Services may contain links to and content from third parties, including User Content and Merchant Content. Capital One Shopping does not monitor, endorse, adopt or control any of it, takes no responsibility for updating or reviewing it, and makes no guarantee of its accuracy or completeness.
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THIRD-PARTY CONTENT AND MARKETING
The Services may contain links to Web pages and content of third parties (“Third-Party Content”), including User Content, Merchant Content, and other third-party content, as a service to those interested in this information.
We do not monitor, endorse, or adopt, or have any control over any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Qualifications & exceptions
Section 19.2 adds that you use Third-Party Content at your own risk and release Capital One Shopping from liability arising from it.
Legal Rights & Agreement Rules · Restriction or exception
Third-party sites have their own terms, and you release Capital One Shopping from liability for third-party content
If you follow a link or otherwise leave the Services, third-party terms and policies may apply to you, and you should review them, including their privacy and data-gathering practices. Capital One Shopping makes no representation or warranty that links or other websites are secure or free of viruses or data corruption, and it will not and cannot censor or edit Third-Party Content. By using the Services you expressly release Capital One Shopping and its Affiliates from all liability arising from your use of Third-Party Content, which you access and use at your own risk.
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if you follow a link or otherwise navigate away from the Services, please be aware that you may also be subject to third-party terms and policies
We make no representation or warranty as to the security of links to other websites, including Third-Party Content, nor do we make any representation or warranty as to whether such links or such other websites, including Third Party Content, are free of viruses or other forms of data corruption.
By using the Services, you expressly relieve us and our Affiliates from any and all liability arising from your use of Third-Party Content. You access and use Third-Party Content at your own risk.
Legal Rights & Agreement Rules · Restriction or exception
The Services are provided “as is”, at your own risk, with all warranties disclaimed
You use the Services at your sole risk, and they are provided “as is” and “as available”. Capital One Shopping and its affiliates, licensors, suppliers and distributors disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. Capital One Shopping does not warrant uninterrupted operation, that data sent to or by you will be accurate, complete, uncorrupted or timely, that the Services will be available at any particular time or place or be secure, that defects will be fixed, or that the Services are free of viruses or other harmful components. Some states do not allow implied warranties to be disclaimed, so this may not apply to you and you may have other rights that vary by state.
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DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CAPITAL ONE SHOPPING DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME.
CAPITAL ONE SHOPPING DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Legal Rights & Agreement Rules · Restriction or exception
Liability for its own negligence is disclaimed, and your only remedy is to ask for a fix or stop using the Services
Capital One Shopping and its affiliates, licensors, suppliers and distributors expressly disclaim liability for losses or harm you suffer through their negligence. If the Services have a deficiency, error or inaccuracy, your only remedy is to ask Capital One Shopping to correct it and, if it does not, to stop using the Services. You are solely responsible for any delay or loss resulting from your access or use, including loss or harm to your computer or mobile device.
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CAPITAL ONE SHOPPING AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSSES OR OTHER HARM THAT YOU MAY INCUR THROUGH OUR NEGLIGENCE.
YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICES SHALL BE TO REQUEST THAT CAPITAL ONE SHOPPING CORRECT THE MATTER OR, IF CAPITAL ONE SHOPPING FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE SERVICES.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICES, INCLUDING ANY LOSS OR HARM TO YOUR COMPUTER OR MOBILE DEVICE.
Qualifications & exceptions
The warranty disclaimers sit with a note that some states do not allow implied warranties to be disclaimed, and the damages limits with a note that some states do not allow excluding consequential or incidental damages.
Legal Rights & Agreement Rules · Restriction or exception
Product and price information may contain errors, and liability for them is disclaimed even when caused by negligence
The websites, browser extensions and other parts of the Services may contain inaccuracies or errors, including pricing errors. Capital One Shopping does not guarantee the accuracy of information and descriptions of third-party products shown through the Services, such as prices, photos and product descriptions, and disclaims all liability for errors in them, specifically including errors caused by its own negligence.
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LIMITATION OF LIABILITY
The Sites, Browser Companions, and/or other portions of the Services may include inaccuracies or errors, including pricing errors.
Capital One Shopping does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the third-party products displayed in or through our Services (including, without limitation, the pricing, photographs, general product descriptions, etc.), SPECIFICALLY INCLUDING (BUT NOT LIMITED TO) ANY SUCH ERRORS OR OTHER INACCURACIES RESULTING FROM OUR NEGLIGENCE.
Legal Rights & Agreement Rules · Restriction or exception
No indirect or consequential damages, and total liability for any claim is capped at $100
Capital One Shopping and its affiliates, licensors, suppliers and distributors will not be liable for indirect, incidental, special, consequential or exemplary damages, such as lost profits, goodwill, use or data, damage to computers or networks, or other intangible losses, resulting from your access to, use of or stopping use of the Services, even if told such damages were possible. Some states do not allow excluding or limiting consequential or incidental damages, so that limit may not apply to you. Except as the terms expressly state otherwise, their maximum total liability to you for any claim related to the Services is $100, and these limits apply even if a limited remedy fails of its essential purpose.
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NEITHER CAPITAL ONE SHOPPING NOR OUR AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
RESULTING FROM YOUR ACCESS, USE, OR TERMINATION OF USE OF THE SERVICES
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF CAPITAL ONE SHOPPING, AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.
Legal Rights & Agreement Rules · Restriction or exception
The $100 liability cap and other limits are presented as a basic part of the bargain and apply even if a remedy fails
Except where the terms expressly say otherwise, the most Capital One Shopping and its affiliates, licensors, suppliers and distributors can owe you for any claim related to the Services, whether in contract, tort or otherwise, is $100. The terms say each limitation of liability, warranty disclaimer and damages exclusion allocates risk between the parties, is an essential basis of the bargain, and is severable from the other provisions, and that the limits apply even if a limited remedy fails of its essential purpose.
Supporting quotations
THE MAXIMUM TOTAL LIABILITY OF CAPITAL ONE SHOPPING, AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Qualifications & exceptions
The preceding paragraph notes that some states do not allow excluding or limiting consequential or incidental damages.
Not stated here
The terms do not identify which provisions count as “otherwise expressly set forth” exceptions to the $100 cap.
Legal Rights & Agreement Rules · Restriction or exception
You must defend and compensate Capital One Shopping for losses from your use of the Services or breach of the terms
You agree to indemnify, defend and hold harmless Capital One Shopping, its Affiliates and subsidiaries, their officers, directors, employees, agents, successors and assigns, and its licensors and suppliers against all losses and threatened losses, including attorney's fees, arising from or based on allegations of: your breach of these terms; your use of the Services; any claim that your use violates law; your negligent acts or omissions; and your violation of third-party rights, including intellectual property. This obligation survives termination of the terms or your account. You must cooperate in the defense, and Capital One Shopping may, at its own expense, take exclusive control of the defense. Because damage from improper use may be irreparable, it may seek equitable relief in addition to other remedies.
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INDEMNITY AND ATTORNEYS’ FEES
You agree to indemnify, defend, and hold harmless Capital One Shopping, its Affiliates and subsidiaries and their respective officers, directors, employees, agents, successors, assigns, and our licensors and suppliers from and against any and all losses and threatened losses, including attorney’s fees, arising from, in connection with, or based on allegations whenever made, of any of the following: your breach of these Terms; your use of the Services; any claim that your use of the Services violates any applicable law; any claim arising out of your negligent acts or omissions; and your violation of any rights of a third party, including intellectual property rights.
This obligation will survive any termination of these Terms or of your Capital One Shopping account.
Capital One Shopping reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Capital One Shopping is entitled to seek equitable relief in addition to all other remedies
Qualifications & exceptions
“Your use of the Services” is itself a listed trigger, so the indemnity is not limited to breaches or wrongdoing.
Legal Rights & Agreement Rules · Restriction or exception
In any dispute with Capital One Shopping over the Services or terms, you agree to pay its attorneys' fees and costs
The indemnity section also says that if you have a dispute with Capital One Shopping arising out of or in connection with your use of the Services or these terms, you agree to be responsible for paying Capital One Shopping's attorneys' fees and costs. The sentence does not limit this to disputes you lose.
Supporting quotations
In the event of a dispute with Capital One Shopping arising out of or in connection with your use of the Services or these Terms, you agree you will be responsible for paying Capital One Shopping’s attorneys’ fees and costs.
Qualifications & exceptions
The arbitration agreement has its own cost rules: on request Capital One Shopping advances arbitration costs you cannot afford, will not seek them back if you win, and the arbitrator decides reimbursement if you lose (31.6).
Not stated here
How this fee-shifting sentence relates to the arbitration agreement's own fee and cost rules (31.6, 31.8) is not explained in the terms.
Cross-references
contrast (model-proposed): Capital One Shopping advances arbitration costs you cannot afford, and does not seek them back if you win — contrast: Section 22.1 says you pay Capital One Shopping's attorneys' fees and costs in any dispute about the Services or terms, while 31.6 says Capital One Shopping will not seek repayment of advanced arbitration costs if you win and leaves reimbursement to the arbitrator if you lose. The terms do not explain how the two cost rules fit together in an arbitration.
Legal Rights & Agreement Rules · Context
Your use must follow applicable law, and unauthorized use can be prosecuted
Your use of the Services is subject to all applicable federal, state and local laws and regulations. Unauthorized use of the Services is prohibited, and violators can be prosecuted under federal and state laws.
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GOVERNING LAW AND FORUM FOR DISPUTES
Your use of the Services is subject to all applicable federal, state, and local laws and regulations. Unauthorized use of the Services is prohibited, and violators can be prosecuted under federal and state laws.
Legal Rights & Agreement Rules · Procedure
Virginia law governs, and court disputes go exclusively to state and federal courts in Virginia
Virginia law, without its conflict-of-law rules, governs these terms (including Shopping Rewards) and your use of the Services. Any dispute between you and Capital One Shopping that goes to court is subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia.
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The laws of the Commonwealth of Virginia, excluding any conflict-of-law rules that would result in the application of the laws of another jurisdiction, govern these Terms (including Shopping Rewards) and your use of the Services.
In any dispute between you and Capital One Shopping, that action will be subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia.
Qualifications & exceptions
For users the arbitration agreement in section 31 lets either side require binding arbitration of a Claim instead of court, and small-claims cases may be brought in small claims court; arbitration hearings take place in the federal judicial district where you live unless agreed otherwise.
The arbitration agreement itself is governed by the Federal Arbitration Act, not Virginia arbitration law (31.4).
Cross-references
contrast (model-proposed): Either side can require binding individual arbitration of a dispute instead of court, unless you opted out — contrast: Section 23.2 sends any dispute between you and Capital One Shopping to the exclusive jurisdiction of Virginia courts, while section 31.1 lets either side require binding arbitration of a Claim instead of court. Read together, Virginia courts are the forum only where arbitration is not elected, the Claim is excluded from arbitration, or you opted out.
Legal Rights & Agreement Rules · Procedure
Merchants are outside the arbitration agreement, must sue individually, and submit to Virginia courts
The arbitration agreement in section 31 does not apply to disputes between a Merchant and Capital One Shopping. If you are a Merchant, you and Capital One Shopping may bring claims against each other only individually, not as a plaintiff or class member in a class or representative proceeding. Merchant disputes are governed by these terms and Virginia law (without its conflict-of-law rules) and must be brought in the state and federal courts in Virginia, which have exclusive jurisdiction. A Merchant irrevocably submits to personal jurisdiction there and waives any inconvenient-forum defense.
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Section 31 will not apply to disputes between a Merchant and Capital One Shopping.
IF YOU ARE A MERCHANT, YOU AND CAPITAL ONE SHOPPING AGREE THAT YOU AND CAPITAL ONE SHOPPING MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In any dispute between a Merchant and Capital One Shopping, that action will be subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia.
If you are a Merchant, you hereby irrevocably submit to personal jurisdiction in the state and federal courts located in Virginia and waive any defense of inconvenient forum.
Qualifications & exceptions
“Section 31” is the Arbitration Agreement; its heading is unnumbered in the saved text and its subsections are numbered 31.1 to 31.14.
Legal Rights & Agreement Rules · Restriction or exception
You cannot transfer these terms, but Capital One Shopping can assign them and its Rewards obligations freely
You may not transfer or assign these terms or any rights or licenses under them. Capital One Shopping may assign them without restriction, and may assign any obligation it has regarding Shopping Rewards to any other person at any time, without recourse. Any assignment that breaks these rules is void.
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ASSIGNMENT
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Capital One Shopping without restriction.
Capital One Shopping may also assign any obligation that it may have with respect to Shopping Rewards to any other person at any time, without recourse.
Any assignment attempted in violation of these Terms is void.
Not stated here
What “without recourse” means for your ability to claim Rewards from Capital One Shopping after such an assignment is not explained.
Legal Rights & Agreement Rules · Context
Not enforcing a term is not a waiver, and an invalid term does not void the rest
If Capital One Shopping does not exercise or enforce a right or term, that is not a waiver of it; a waiver is effective only if in writing and signed by Capital One Shopping. If a court finds a provision invalid, the parties agree the court should try to give effect to their intentions in that provision, and the other provisions stay in full force.
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WAIVER AND SEVERABILITY OF TERMS
The failure of Capital One Shopping to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Capital One Shopping.
the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect
Qualifications & exceptions
The arbitration agreement has its own severability rule (31.12), and the class action waiver is treated separately (31.2).
Legal Rights & Agreement Rules · Permission or license
You consent to receive notices and agreements electronically, and they count as being in writing
By using the Services you consent to receive electronic communications from Capital One Shopping, such as notices about your account and information about the Services. You agree that notices, agreements, disclosures and other communications sent electronically satisfy any legal requirement, including that they be in writing.
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ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your Account and information concerning or related to the Services.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Not stated here
How to withdraw consent to electronic communications is not stated.
Legal Rights & Agreement Rules · Context
These terms are the whole agreement about the Services and cannot be changed orally
These terms are the entire agreement between you and Capital One Shopping about your use of the Services and replace any earlier agreements about it. They cannot be modified orally.
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ENTIRE AGREEMENT
These Terms are the entire agreement between you and Capital One Shopping regarding your use of the Services, and these Terms supersede and replace any prior agreements between Capital One Shopping and you regarding use of the Services. These Terms may not be modified orally.
Qualifications & exceptions
Other parts of the terms bring in outside rules: the Privacy Policy (5.1), the conditions of each Shopping Promotion and Incentive Bonus offer (6.1, 6.3, 6.4), and redemption limits stated via the Services, which control over these terms where they conflict (6.6).
Legal Rights & Agreement Rules · Restriction or exception
Capital One Shopping owes you no duties beyond the terms, and only it and its affiliates benefit as third parties
Capital One Shopping has no duties to you regarding the Services, including fiduciary duties, except those expressly stated in these terms. Apart from Capital One Shopping and its affiliates, no other person or company is a third-party beneficiary of the terms.
Supporting quotations
Capital One Shopping has no duties to you (including fiduciary duties) with respect to the Services except as expressly set forth in these Terms.
Other than Capital One Shopping, and its affiliates, no other person or company will be third party beneficiaries to the Terms.
Legal Rights & Agreement Rules · Restriction or exception
Showing a product or Merchant is not a recommendation, and you must follow third-party sites' own terms
Providing information about products or Merchants, or enabling purchases through the Services, is not a recommendation or endorsement of any product or Merchant. You are solely responsible for complying with the terms of use, terms of service and other policies of any third-party or seller site you visit or are referred to while using the Services.
Supporting quotations
THE PROVISION OF INFORMATION REGARDING PRODUCTS OR MERCHANTS IN THE SERVICES OR ENABLING PURCHASE OF PRODUCTS VIA THE SERVICES IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY PRODUCT OR MERCHANT.
YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY TERMS OF USE, TERMS OF SERVICE, OR OTHER AGREEMENTS OR POLICIES THAT GOVERN YOUR USE OF ANY THIRD-PARTY SITE OR SERVICE OF A SELLER THAT YOU MAY VISIT WHILE USING THE SERVICES OR TO WHICH YOU MAY BE REFERRED BY THE SERVICES.
Legal Rights & Agreement Rules · Procedure
Either side can require binding individual arbitration of a dispute instead of court, unless you opted out
Unless you reject arbitration as described in the terms, if you and Capital One Shopping have a dispute about your use of the Services, any Capital One Shopping account, or the resulting relationship, whenever it arose and including statutory claims (a “Claim”), either side may choose to resolve it by binding arbitration instead of in court. Once either side requests arbitration, the Claim must be arbitrated, except for Claims challenging the validity or enforceability of the arbitration agreement (including the class action waiver), failure to follow the Claim Notice procedure, or as the agreement otherwise provides. If arbitration is chosen, neither side can litigate the Claim in court, have a jury trial, or take part in a class or representative action, and discovery and appeal rights are limited. Even if both sides first chose to go to court, either can still elect arbitration for Claims by a new party or new Claims later raised in that lawsuit.
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ARBITRATION AGREEMENT
Unless you reject arbitration in the manner described below, in the event of a dispute between you and us arising out of or relating to your use of the services provided by Capital One Shopping (the “Services”) or any Capital One Shopping account you maintain or the relationships resulting from such use or account, regardless of when that dispute arose, including, for example, a dispute based on a federal or state statute or local ordinance (“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, the failure to comply with the Claim Notice procedure described below, or as otherwise provided in this arbitration agreement) must be resolved by binding arbitration if either party requests it.
THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. 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.
Section 31 will not apply to disputes between a Merchant and Capital One Shopping.
Qualifications & exceptions
You can reject arbitration within 30 days of the agreement's effective date or of a later modification (31.14); small-claims cases can stay in small claims court (31.3).
A written Claim Notice at least 30 days before starting arbitration is a condition precedent (31.9).
Arbitration is optional until one side elects it; it then becomes mandatory for that Claim.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only: no class, representative or public injunctive relief
Except where the American Arbitration Association's Mass Arbitration Supplementary Rules apply, arbitration must be individual. Neither you nor Capital One Shopping can join or consolidate claims with other users' claims, or litigate or arbitrate as a class representative or member or as a private attorney general. The arbitrator may award injunctive relief only to the individual who asked for it and only as far as needed for that person's Claim, unless state law gives an unwaivable right to seek broader relief, and may not award class, representative or public injunctive relief. If a court decides the law does not allow these limits for a particular Claim or remedy (such as public injunctive relief), after all appeals that Claim or remedy alone is separated and may go to court, but only after the arbitrator rules on the arbitrable claims. Only a court, not an arbitrator, decides the validity, scope and effect of this class action waiver.
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EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S MASS ARBITRATION SUPPLEMENTARY RULES WHEN APPLICABLE, ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.
THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OF THE SERVICES, 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, unless the applicable state law provides an unwaivable right to seek such relief. The arbitrator may not award class, representative, or public injunctive relief.
then after all appeals from that decision have been exhausted, that Claim or request for relief (and only that Claim or request for relief) must be severed from the arbitration and may be brought in court (but only after the arbitrator issues an award on the arbitrable claims and remedies)
Only a court, and not an arbitrator, shall determine the validity, scope, and effect of this Class Action Waiver section.
Qualifications & exceptions
The waiver also bars class actions in court (“LITIGATE IN COURT … AS A REPRESENTATIVE OR MEMBER OF A CLASS”), not only class arbitration.
Legal Rights & Agreement Rules · User right or choice
Small-claims cases can stay in small claims court without arbitration
Neither side will demand arbitration of an individual Claim brought in small claims court or an equivalent court, so either side can sue there without being forced into arbitration. If the Claim is transferred, removed or appealed to a different court, or exceeds the small claims limit, either side may then choose arbitration.
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Neither you nor we will choose to arbitrate any individual Claim you or we bring in small claims court (or an equivalent court). This means you or we may bring an action in small claims court (or an equivalent court) without being subject to arbitration.
However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, you or we may then choose to arbitrate.
Not stated here
Which small claims court would hear the case is not stated; section 23.2's Virginia exclusive-jurisdiction clause covers court actions generally.
Arbitration is run by the AAA under its Consumer rules and the Federal Arbitration Act
The arbitration agreement is governed by the Federal Arbitration Act, and no state arbitration law applies. Arbitration must be handled only by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, including its Mass Arbitration Supplementary Rules when applicable; where the agreement and AAA procedures differ, the agreement's rules are followed. If AAA procedures change after a Claim is filed, those in effect at filing apply. AAA procedures and filing information are at www.adr.org. If the AAA is completely unavailable and the parties cannot agree on a substitute, either can ask a court to appoint one.
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This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. No state law concerning arbitration applies to this arbitration agreement. Arbitration must proceed only with the American Arbitration Association (“AAA”).
The arbitration will be conducted in accordance with the AAA’s Consumer Arbitration rules then in effect, including its Mass Arbitration Supplementary Rules when applicable, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the AAA’s procedures.
If the AAA’s procedures change after the Claim is filed, the procedures in effect when the Claim was filed will apply.
For a copy of the AAA’s procedures, to file a Claim or for other information, please visit www.adr.org.
If the AAA is 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.
Qualifications & exceptions
The AAA's Consumer Arbitration Rules and Mass Arbitration Supplementary Rules are referenced but not supplied.
Legal Rights & Agreement Rules · Procedure
In a mass arbitration of 25 or more similar claims, cases proceed in batches starting with 25 picked by each side
If your Claim is part of a “mass arbitration”, meaning 25 or more claims on the same or similar subject matter or issues with the same or coordinated claimant representation, this section and the AAA's Mass Arbitration Supplementary Rules apply. A Process Arbitrator, if the AAA appoints one, resolves initial disputes. Then claimants' counsel and Capital One Shopping's counsel each pick up to 25 cases to go first in individual arbitration. Unless the parties agree otherwise, no Merits Arbitrator may be assigned more than five cases, and each side gets a final hearing in its 25 selected cases within 120 days of selection unless the parties agree to a different time.
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You and we agree that this section and the AAA’s Mass Arbitration Supplementary Rules will apply if your Claim is filed as part of a “mass arbitration,” meaning twenty-five (25) or more claims involving the same or similar subject matter and/or issues of law or fact, and where claimant representation is the same or coordinated.
If one is appointed by the AAA, the “Process Arbitrator” will resolve initial disputes in accordance with the AAA’s Mass Arbitration Supplementary Rules.
counsel for the claimants and our counsel will each select up to twenty-five (25) cases to proceed first in individual arbitration
Unless the parties otherwise agree, no “Merits Arbitrator” under the AAA’s Mass Arbitration Supplementary Rules may be assigned more than five (5) cases. Each side will have the right to a final hearing in their selected twenty-five (25) cases, which must occur within one hundred and twenty (120) days of case selection, unless the parties agree to a different time period.
Qualifications & exceptions
Cases not selected wait while the batches proceed; the later rounds are described in the next card (31.5 continued).
Legal Rights & Agreement Rules · Procedure
After the first 50 mass-arbitration cases, the sides confer, then run further batches, with limitation periods paused
After the first 50 cases in a mass arbitration are resolved, counsel meet and confer about making the process more efficient, including settlement, mediation or changing batch sizes. If the remaining cases are not resolved after good-faith discussions, each side picks another 25 cases for individual arbitration to a final hearing within 90 days of selection, unless the parties agree otherwise; each of these 50 cases goes to a different Merits Arbitrator unless the parties agree one arbitrator may take up to five. After the second 50, counsel confer again. If there is still no global resolution, a Process Arbitrator is appointed (if not already), who on either side's motion can skip further batching and assign Merits Arbitrators to all remaining cases at once; without a motion the process continues in rounds of 100 cases. You agree to take part in good faith if your case is selected, disputes about the procedure go to the Process Arbitrator (or the assigned Merits Arbitrator), and statutes of limitations are paused while cases move through this process.
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After the first set of fifty (50) cases are resolved, counsel will meet and confer on ways to improve the efficiency of the proceedings, including settlement discussions, mediation, or changing the number of cases in each stage.
If the remaining cases are not resolved after meeting in good faith, each side will select another twenty-five (25) cases to proceed in individual arbitration to a final hearing, which must occur within ninety (90) days of case selection, unless the parties agree to a different time period.
Each of these fifty (50) cases will be assigned to a different Merits Arbitrator, unless the parties agree that a single Merits Arbitrator may be assigned up to five (5) cases.
Upon either party's motion, the Process Arbitrator can expedite the proceedings by forgoing more rounds of case selection and assigning Merits Arbitrators to all of the remaining cases at once. If no motion is made, the Mass Arbitration Procedures outlined above shall continue with one hundred (100) cases in each round.
You and we agree to engage in these Mass Arbitration Procedures in good faith if your case is selected.
Any dispute regarding the Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator or, for cases that have been assigned already, the Merits Arbitrator.
The parties agree that any applicable statute of limitations is tolled while cases proceed through the Mass Arbitration Procedures described in this section.
Legal Rights & Agreement Rules · Company commitment
Capital One Shopping advances arbitration costs you cannot afford, and does not seek them back if you win
If you want to start arbitration but cannot afford your share of the AAA's or arbitrator's costs, and you tried but failed to get the AAA to waive them, Capital One Shopping will advance those costs if you ask in writing and act in good faith. The request goes to Capital One, P.O. Box 30035, Salt Lake City, UT 84130-0035. If you lose, the arbitrator decides whether you must repay the advance; if you win, it will not ask for repayment. The arbitrator may also allocate compensation, expenses and administrative fees (including filing and hearing fees) to a party whose claim or counterclaim was filed to harass or is patently frivolous.
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If you wish to begin arbitration against us but you cannot afford to pay your share of the AAA’s or arbitrator’s costs and you have attempted, but been unable, to obtain a waiver of costs from the AAA, we will advance those costs if you ask us in writing and are acting in good faith.
Any such request must be sent to Capital One, P.O. Box 30035, Salt Lake City, UT 84130-0035.
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.
The arbitrator may also allocate compensation, expenses, and administrative fees (which include filing and hearing fees) to any party upon the arbitrator’s determination that the party’s claim or counterclaim was filed for purposes of harassment or is patently frivolous.
“Capital One” refers to Capital One, N.A. and its affiliates and subsidiaries.
Qualifications & exceptions
The cost-advance request goes to a “Capital One” address, which the terms define as Capital One, N.A. and its affiliates, rather than to the Capital One Shopping address used for Claim Notices.
This covers only costs advanced for arbitration; attorneys' fees are addressed separately in section 22.1, where you agree to pay Capital One Shopping's attorneys' fees in any dispute.
Legal Rights & Agreement Rules · Restriction or exception
Filing an arbitration demand carries the same Rule 11 duties and sanctions as filing in federal court
By submitting an arbitration demand, the party and its lawyer represent that they comply with Federal Rule of Civil Procedure 11(b), as they would in court, and the arbitrator may impose any sanction available under Rule 11 on represented parties and their lawyers.
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By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b).
The Arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
Qualifications & exceptions
Federal Rule of Civil Procedure 11 is cited but not reproduced in these terms; its requirements are not covered here.
Legal Rights & Agreement Rules · Procedure
Hearings take place where you live before a single arbitrator who must follow the law and give written reasons
Arbitration hearings take place in the federal judicial district where you live, unless the parties agree otherwise or applicable state substantive law provides otherwise. One arbitrator is appointed, who must follow all applicable substantive law and statutes of limitations, honor valid claims of privilege, and issue a written decision with reasons for the award. After the award, the arbitrator must apply the cost-shifting provisions of Federal Rule of Civil Procedure 68.
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Arbitration hearings will take place in the federal judicial district where you live, unless the parties otherwise agree or the applicable state substantive law provides otherwise. A single arbitrator will be appointed. The arbitrator must:
Follow all applicable substantive law;
Follow applicable statutes of limitations;
Honor valid claims of privilege; and
Issue a written decision including the reasons for the award.
The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
Qualifications & exceptions
Federal Rule of Civil Procedure 68 is cited but not reproduced; how its cost-shifting would affect you is not explained in the terms.
Legal Rights & Agreement Rules · Procedure
The award is final, but if over $100,000 was genuinely in dispute either side can appeal to three arbitrators
The arbitrator's decision is final and binding, except for any review the Federal Arbitration Act allows. If more than $100,000 was genuinely in dispute, either side may appeal to a new panel of three arbitrators, which may accept or reject all or part of the original award. The appeal must be filed with the AAA within 30 days after the original award, and appeal costs are allocated under the AAA's Consumer Arbitration Rules and Due Process Protocol. An award can be enforced, for example as a judgment, in any court with jurisdiction. Findings and awards apply only to that arbitration and do not affect other arbitrations.
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The arbitrator’s decision will be final and binding except for any review allowed by the FAA.
However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators.
The appeal must be filed with the AAA not later than 30 days after the original award issues. Appeal costs will be allocated consistent with the AAA’s Consumer Arbitration Rules and Due Process Protocol.
Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.
Legal Rights & Agreement Rules · Procedure
Before arbitrating, you must send a signed written Claim Notice at least 30 days ahead
If you or Capital One Shopping has a Claim, written notice of it (a Claim Notice) must be given at least 30 days before starting arbitration. The limitation period for your Claim is paused for 30 days from Capital One's receipt of your notice. Your Claim Notice must be personally signed by you, include your name and address, and explain the Claim and supporting facts in reasonable detail. Send it to Capital One Shopping Holdings, LLC, P.O. Box 269030, Plano, TX 75026-9030, or another address it later gives you; Capital One Shopping sends its notices to your most recent address on file. The Claim Notice is a condition precedent to filing in arbitration, and a court can stop an arbitration filed in breach of this requirement.
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If you or we have a Claim, before initiating an arbitration proceeding, you or we must give written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding.
The statute of limitations for your Claim will be tolled for 30 days from Capital One’s receipt of your Claim Notice.
Your Claim Notice must be personally signed by you, and must include your name and address and explain in reasonable detail the nature of the Claim and any supporting facts.
Any Claim Notice shall be sent to us at Capital One Shopping Holdings, LLC, P.O. Box 269030, Plano, TX 75026-9030 (or such other address as we shall subsequently provide to you).
The Claim Notice is a condition precedent to the filing of any Claim in arbitration and a court can enjoin the filing or prosecution of an arbitration in breach of this section.
Not stated here
The tolling runs from “Capital One’s receipt”, although notices go to Capital One Shopping Holdings, LLC; the terms do not reconcile the two names here.
Legal Rights & Agreement Rules · Context
Arbitration also covers Capital One Shopping's affiliates and staff, co-defendants and anyone using your account
Besides you and Capital One Shopping, the arbitration agreement's rights and duties apply to Capital One Shopping's affiliates, successors and subsidiaries and their officers, directors and employees; to any third-party co-defendant of a Claim covered by the agreement; and to all users of your Capital One Shopping account.
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In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates, successors, subsidiaries, and our and their officers, directors and employees; any third party codefendant of a Claim subject to this arbitration agreement; and all users of your Capital One Shopping account.
Qualifications & exceptions
Covering “all users of your Capital One Shopping account” extends the agreement to people who use your account, although 4.4 forbids letting others use it.
Legal Rights & Agreement Rules · Context
The arbitration agreement continues after you stop using the Services or close your account
The arbitration agreement survives: you stopping use of the Services; closure of your Capital One Shopping account; legal proceedings to collect money you owe; your bankruptcy; and any sale, assignment or transfer of your account by Capital One Shopping.
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This arbitration agreement shall survive:
cessation of your use of the Services;
closing of your Capital One Shopping account;
any legal proceedings to collect money you owe;
any bankruptcy by you; and
any sale, assignment, or transfer by us of your Capital One Shopping account.
Legal Rights & Agreement Rules · Context
If part of the arbitration agreement is invalid, the rest still applies, except as the class action waiver provides
If any part of the arbitration agreement is found unenforceable or invalid, that part may be severed and the rest enforced. This does not apply to the class action waiver, which has its own rule: only a court decides its validity, and a Claim or remedy the waiver cannot lawfully restrict is separated and may go to court.
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If any part or provision of this arbitration agreement (except as identified in the Class Action Waiver above) is deemed unenforceable or invalid, that part or provision may be severed and the rest of the agreement enforced.
Legal Rights & Agreement Rules · User right or choice
Changes to the arbitration agreement need advance written notice, and you can reject each change within 30 days
Changes to the arbitration agreement follow this paragraph rather than the general rules for changing the terms. Capital One Shopping may add to, delete from or change any part of the arbitration agreement, but must give you advance written notice saying when and how the changes take effect and how to reject them. Even if you did not reject arbitration originally, you can reject a modification within 30 days of its effective date. If you reject a later modification, you remain bound by the most recent version of the arbitration agreement you agreed to.
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Any change to this arbitration agreement will be governed by this paragraph and not the Changes to Your Agreement section in the Terms of Service.
We may add to, delete from, or change any term of this arbitration agreement. We will give you advance written notice of any change to this arbitration agreement. Our notice will tell you when and how the changes will take effect, and how you can reject them if you choose.
If you did not timely reject arbitration for this Account, you may still reject any modifications to the arbitration agreement if you do so within 30 days’ of the effective date of the modification.
If you later reject any modification to the arbitration agreement, you will be bound by the most recent version of the arbitration agreement to which you agreed.
Qualifications & exceptions
Rejecting a modification keeps you under the earlier arbitration agreement you accepted; it does not remove arbitration altogether.
Not stated here
The terms have no section titled “Changes to Your Agreement”; the general change rules are in section 8 (“Changes to Our Services and Terms”), which this paragraph appears to mean but does not name exactly.
Legal Rights & Agreement Rules · User right or choice
You can reject arbitration within 30 days of the agreement's or a change's effective date, without losing other rights
You have the right to reject arbitration for the Services, but only if Capital One Shopping receives your rejection within 30 days of the arbitration agreement's effective date or within 30 days of the effective date of a modification, whichever is later. The terms say you must click a link to opt out. Rejecting does not affect your other rights or duties under the terms; if you reject, neither you nor Capital One Shopping is bound by the arbitration agreement for the Services. Your choice applies to anyone who uses your account. It does not reject any earlier or later arbitration agreement between you, but once you reject, the rejection also covers later modifications.
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You have the right to reject arbitration for the Services.
You may reject the arbitration agreement but only if we receive notice of rejection from you within 30 days of the effective date of this arbitration agreement or within 30 days of the effective date of a modification to this arbitration agreement, whichever is later.
You must click here to opt out of this arbitration agreement
Rejection of arbitration will not affect your other rights or responsibilities under the Terms of Service. If you reject arbitration, neither you nor we will be subject to this arbitration agreement for the Services.
Your decision to reject arbitration (or elect not to do so), applies to use of the Services by you or any other person who uses your Capital One Shopping account.
Rejection of arbitration for the Services will not constitute rejection of any prior or future arbitration agreement between you and us, but once you reject arbitration for the Services, your rejection will apply to any subsequent modifications.
Qualifications & exceptions
The deadline is measured by when Capital One Shopping receives the rejection, not when you send it.
If you opt out, court disputes go to the state and federal courts in Virginia under section 23.2.
Not stated here
The “click here” opt-out link's destination is not part of the saved text, so the opt-out method cannot be confirmed from this document.
The arbitration agreement's own effective date is not separately stated; the page gives July 16, 2026 as the last update of the terms.