Capital One Digital Corporate Terms

Capital One · agreement dated 12/2/2025 · Official agreement

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Legal Rights & Agreement Rules · Procedure

Using the online banking services means accepting these terms; withdrawing consent ends online access

This Agreement governs your use of Capital One's online banking Services, and unless a section says otherwise each section applies whether you use the Services for a Bank Account or a Non-Bank Account. You accept the Agreement simply by using the Services; if you do not accept it or later changes to it, you may not use the Services. You can withdraw consent at any time by calling (844) 348-8656, but doing so ends your online account access. The version analyzed states it was last modified 12/2/2025.

Supporting quotations

This Agreement governs your use of the Services (defined below). Unless otherwise noted, each section below applies regardless of whether you are using the Services to access your Bank Account or Non-Bank Account.
You accept this Agreement by using the Services. If you don’t accept these terms, or any subsequent changes to them, you may not use the Services.
You may withdraw your consent to this agreement at any time by calling us at (844) 348-8656; however, this will result in the loss of your online account access.
Last modified 12/2/2025
“Bank Accounts” mean any account that you are an account holder (including joint) on that is a Capital One checking, savings, money market, certificate of deposit, personal loan or line of credit.

Qualifications & exceptions

  • Sections apply to both Bank Accounts and Non-Bank Accounts unless a section says otherwise.

Legal Rights & Agreement Rules · Context

The terms apply however you reach the Services: websites, the mobile app, text, email or links

The Agreement applies regardless of how the Services are accessed, including through capitalone.com, myaccounts.capitalone.com, the Capital One mobile app, text message, email, or links from another website on a computer, mobile device or any other means. The Online Banking Site is defined to include the Capital One mobile app and the Navigator Platform. The Services cover the information, content, features, products and transactions offered through the Online Banking Site, such as managing credentials, transfers, bill payments, balances, statements and check orders.

Supporting quotations

This Agreement shall apply regardless of how the Services are accessed.
the Capital One mobile app, text message, or electronic mail or links from another website via a computer, mobile device, or any other means.
“Online Banking” or “Online Banking Site” refers to the online platform(s) that allows you to perform the Services, including the Capital One mobile app and Navigator Platform.
The “Services” means all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used through the Online Banking Site.

Legal Rights & Agreement Rules · Context

Account agreements and fee schedules are incorporated; these terms win conflicts only for online banking and bill pay

Accounts, features and products you use through the Services may have their own agreements ("Additional Agreements"), including deposit account terms, loan, line of credit, auto and credit card terms, pre-qualification requests, fee schedules, the electronic funds transfer agreement and disclosures, the Online Bill Payment Authorization and Agreement, and your signature card. Those Additional Agreements are incorporated into this Agreement. If this Agreement conflicts with an Additional Agreement, this Agreement controls only as the conflict applies to online banking and online bill payment services. This Agreement is not meant to modify legally required disclosures or terms Capital One provides in an Additional Agreement.

Supporting quotations

If you use certain accounts, features, products or services in connection with the Services, you may be subject to separate agreements governing such accounts, features, products, or services (collectively, “Additional Agreement”).
This includes agreements or terms governing any checking, savings or other deposit accounts; loan, line of credit, auto and credit card accounts; pre-qualification requests; any other accounts that you may access while using the Services; fee schedules; our electronic funds transfer agreement and disclosures; our Online Bill Payment Authorization and Agreement; and your signature card. The Additional Agreements are incorporated into this Agreement.
If the terms of this Agreement conflict with the terms in any Additional Agreement solely as they apply to online banking and online bill payment services, this Agreement controls.
The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Capital One in an Additional Agreement.

Qualifications & exceptions

  • The precedence rule is limited to conflicts as they apply to online banking and online bill payment services.

Not stated here

  • The Additional Agreements themselves (account agreements, fee schedules, EFT disclosures, bill payment agreement) are not supplied.

Legal Rights & Agreement Rules · Context

"Capital One" means the whole corporate family, but for a specific account it is the entity offering that account

Generally, "Capital One", "we" and "us" mean Capital One Financial Corporation together with its subsidiaries, divisions and affiliates, including Capital One, N.A., and their successors, assigns, agents and authorized representatives. For a specific account reached through the Online Banking Site, however, those words mean the particular Capital One entity that offers that account; your account agreement identifies which company services it.

Supporting quotations

“Capital One”, “we”, “us” or “our” mean, collectively, Capital One Financial Corporation, its subsidiaries, divisions and affiliates (including, without limitation, Capital One, N.A. and all of their respective successors, assigns, agents, and/or authorized representatives).
However, for a specific account accessible through the Online Banking Site, “Capital One”, “we”, “us” or “our” means the particular entity in the Capital One family that offers such account.

Legal Rights & Agreement Rules · Context

Service Providers are companies Capital One engages to deliver the Services; Capital One Sites include capitalone.com

Service Providers are companies (and their affiliates) that Capital One has engaged to provide some or all of the Services on its behalf. A Capital One Site is any website owned or operated by a Capital One company that carries product information or account terms you may use with the Services, including the Online Banking Site and capitalone.com. A Computer is any computer, mobile device or other method you use to access a Capital One Site, including related equipment and software.

Supporting quotations

“Service Provider” means companies (and their affiliates) that we have engaged to render some or all of the Services to you on our behalf.
Capital One Sites include, without limitation, the Online Banking Site and capitalone.com.
“Capital One Site” means any website owned or operated by a member of the Capital One family of companies
“Computer” means your computer, computer system, mobile device, or any other method used to access a Capital One Site and all related equipment and software.

Not stated here

  • Service Providers are not named.

Legal Rights & Agreement Rules · Restriction or exception

Capital One does not endorse or guarantee third-party products on the site, which are not FDIC insured

Capital One does not provide, endorse or guarantee any third-party product, service, information or recommendation available through the Online Banking Site. Those third parties are not affiliated with Capital One and are solely responsible for their products, services and content, and Capital One is not liable for a third party's failure regarding them. These products and services are not FDIC insured or bank guaranteed. Educational tools, calculators and guides on the site may come from third parties, are informational only, are not legal, investment or financial advice, and do not indicate whether a Capital One product is available or suitable for you.

Supporting quotations

But Capital One does not provide, endorse, or guarantee any third-party product, service, information, or recommendation available through the Online Banking Site. The third parties providing products and services through the Online Banking Site are not affiliated with Capital One. They are solely responsible for their products, services, information, recommendations, and all other content on their Web sites.
Educational tools, calculators, guides, and other content available on this site may be provided by third parties. They are provided for informational purposes only. They are not intended to provide legal, investment, or financial advice. They do not indicate the availability or suitability of any Capital One product or service.
Capital One is not liable for any third party’s failure with regard to such products, services, and benefits. These products and services are NOT FDIC INSURED OR BANK GUARANTEED.

Legal Rights & Agreement Rules · Restriction or exception

Use of the Online Banking Site is subject to law; unauthorized use is prohibited and can be prosecuted

Access to and use of the Online Banking Site is subject to applicable federal, state and local laws and regulations. Unauthorized use of the site is prohibited, and violators can be prosecuted under applicable law.

Supporting quotations

Access to and use of the Online Banking Site is subject to applicable federal, state and local laws and regulations. Unauthorized use of the Online Banking Site is prohibited. Violators can be prosecuted under applicable law.

Legal Rights & Agreement Rules · Company commitment

Capital One may delegate everything to Service Providers but stays solely liable for payments and transfers

Capital One uses Service Providers to deliver some or all of the Services. It says it alone is liable for payments or transfers made using the Service and solely responsible to you and third parties for the related regulatory responsibility. You agree Capital One may delegate all its rights and obligations under the Agreement to Service Providers, who become third-party beneficiaries entitled to all the rights and protections the Agreement gives Capital One.

Supporting quotations

We have engaged Service Providers to provide some or all of the Services to you on our behalf. However, we are the only one liable for any payments or transfers conducted using the Service. And we are solely responsible to you and any third party for the regulatory responsibility that extends with the Service.
You agree that we have the right to delegate to Service Providers all of our rights and obligations under this Agreement. The Service Providers will be third-party beneficiaries of this Agreement. They are entitled to all the rights and protections that this Agreement provides to us.

Not stated here

  • Service Providers are not named.

Legal Rights & Agreement Rules · Restriction or exception

Your electronic instructions count as signed writings, and you agree not to contest them absent tampering

Electronic communications Capital One receives through the Online Banking Site or in connection with the Services, such as instructions to act on your account, are treated as valid, authentic and binding, with the same legal effect as signed paper communications; they count as a "writing", as "signed" and as an "original" when printed from records kept in the normal course of business. You agree not to contest the validity or enforceability of such communications or related transactions under any law, including laws requiring signed writings, unless there is proof of altered data or tampering. Electronic copies are admissible in court, arbitration, mediation or administrative proceedings like paper business records.

Supporting quotations

You agree that all electronic communications that we receive on the Online Banking Site or otherwise in connection with the Services such as those directing us to take an action with respect to your account, will be deemed valid, authentic, and binding obligations.
These communications will be given the same legal effect as your written and signed paper communications and shall be considered a “writing” or “in writing.”
You will not contest the validity or enforceability of such communications or any related transactions under the provisions of any applicable law (absent proof of altered data or tampering).
Electronic copies of communications shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.

Legal Rights & Agreement Rules · Restriction or exception

You indemnify Capital One for losses from services it performs based on electronic communications

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Capital One and its owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages (including direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys' fees caused by or arising from any Services Capital One renders pursuant to or in accordance with electronic communications.

Supporting quotations

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of any Services rendered by Capital One pursuant to or in accordance with any electronic communications.

Qualifications & exceptions

  • The indemnity is not limited to communications you sent or authorized; it covers Services rendered in accordance with any electronic communications.

Legal Rights & Agreement Rules · Restriction or exception

Alerts are not guaranteed to arrive or be accurate, and Capital One is not liable for delays, errors or reliance

Capital One tries to communicate promptly and accurately but does not guarantee delivery or accuracy. Communications may be delayed, may not reflect pending transactions or payments, and deposits mentioned may not be immediately available. You agree that neither Capital One nor its Service Providers are liable for delays, non-delivery or misdirected delivery, for errors in content, or for actions you or anyone else take or do not take in reliance on a communication.

Supporting quotations

However, we do not guarantee the delivery or accuracy of any communication. Communications may not be delivered immediately; may not reflect pending transactions or payments; and deposits may not be available for immediate withdrawal.
You agree that neither we nor our Service Providers will be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication.

Legal Rights & Agreement Rules · Restriction or exception

Use Paze only for authorized transactions: no reverse engineering, bots or destructive use

You agree to use Paze only for authorized transactions. For example, you will not decompile or reverse engineer Paze or try to access its source code, use automated systems such as bots or screen scrapers to access it, or use it destructively, such as by transmitting viruses or exploiting bugs.

Supporting quotations

Things You Can’t Do
You agree not to use Paze for anything other than making authorized transactions. For example, you won’t:
decompile, reverse engineer, or otherwise access or attempt to access the source code for Paze;
use any automated system (e.g., robot, bot, screenscraper) to access Paze;
use Paze in a destructive way, such as transmitting viruses or exploiting bugs;

Qualifications & exceptions

  • The list is introduced as examples, so it is not exhaustive.

Legal Rights & Agreement Rules · Restriction or exception

Paze may not be used to access Capital One systems without permission, for anything illegal, or with false information

Continuing the list of things you agree not to do with Paze: you will not use it destructively, access Capital One's services or systems other than as the Agreement permits, use Paze for anything illegal, or give Capital One fake or incorrect information about you or your account. Paze is to be used only for authorized transactions.

Supporting quotations

use Paze in a destructive way, such as transmitting viruses or exploiting bugs;
access Capital One’s services or systems other than as permitted by this Agreement;
use Paze for anything illegal; or
provide us with fake or incorrect information about you or your account.
use any automated system (e.g., robot, bot, screenscraper) to access Paze;

Legal Rights & Agreement Rules · Permission or license

Capital One may change or end the Services and this Agreement at any time and only tries to give notice

Capital One may at any time revise, update, discontinue or otherwise modify, temporarily or permanently, all or part of the Services, including the Online Banking Site, this Agreement, the scope of the Services and related materials, or your access to them. It will attempt to give prior notice of material changes, for example by a notice on sign-in, a mailed notice or a secure message, but does not guarantee notice. Changes may make prior versions obsolete, and Capital One may end the Agreement as to prior versions and limit access to newer versions.

Supporting quotations

Changes in Services; Interruptions in Service
We may at any time revise, update, discontinue or otherwise modify, temporarily or permanently, the Services in whole or in part (including, without limitation, the Online Banking Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access to them.
We will attempt to provide prior notice of any such material changes (for example, by posting a notice of such changes on the Online Banking Site when you sign in; sending a notice to you at the address shown on our records; or sending you a secure message). But, we can’t guarantee that such notice will be provided.
Changes to the Services may render prior versions of the Services obsolete. We reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.

Legal Rights & Agreement Rules · Procedure

Continuing to use the Services after a change means you accept it; your only alternative is to stop or close

You can accept or decline changes by closing, continuing or discontinuing use of the Services they relate to, and using the Services after a change means you agree to it. If you do not accept the terms or later changes, you may not use the Services. Capital One may, in its sole discretion, waive, reduce or reverse charges or fees in individual situations.

Supporting quotations

You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. When you use the Services after we make any changes you agree to such changes.
We also reserve the option, in our sole discretion, to waive, reduce or reverse charges or fees in individual situations.
If you don’t accept these terms, or any subsequent changes to them, you may not use the Services.

Legal Rights & Agreement Rules · Restriction or exception

If Capital One is liable for a transfer, you get actual damages only, plus interest only if the law requires it

If Capital One is ever legally required to pay interest on a transfer amount, it pays daily interest at the annual percentage rate otherwise applicable to the account the transfer should have come from. If it is liable for damages due to a transfer, your damages are limited to actual damages; it is not responsible for incidental or consequential damages, court costs or attorneys' fees unless the law requires.

Supporting quotations

Our Responsibility for Payments and Funds Transfers
If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the account from which the funds transfer should have occurred.
In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys’ fees unless required by law

Legal Rights & Agreement Rules · Restriction or exception

No liability for failed or late payments due to low funds, your errors, suspected fraud, outages or other listed events

Neither Capital One nor any Service Provider is liable for any failure or delay in an Outgoing Payment, Incoming Payment or funds transfer if: through no fault of Capital One or its agent you lack enough money in the account, the account is closed, or the transaction would exceed an overdraft credit limit; the payment processing center was malfunctioning and you knew or were told before giving instructions; you did not follow transfer instructions properly; you gave incomplete, incorrect or outdated Payment Account or Biller information; you did not authorize the payment in time for the Biller to credit it by the Due Date; a timely payment was made but the Biller did not credit it promptly; a court order such as a garnishment blocked withdrawals; Capital One or its agent reasonably believes the transaction may be unauthorized; your computer or related system malfunctioned; or circumstances beyond Capital One's or its agents' control, such as computer failures, telecom outages, postal strikes, Biller delays, natural disasters, terrorism or war, prevented processing. The list also covers any other circumstances set out in this or any Additional Agreement.

Supporting quotations

LIMITED LIABILITIES FOR CERTAIN PAYMENTS AND FUND TRANSFERS
Neither we nor any Service Provider will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer), if:
Through no fault of our own or of our agent, you do not have enough money in a designated checking, savings, or other deposit account, or any other account of any type, that account has been closed, or the transaction would exceed the credit limit on any applicable overdraft line of credit;
Our payment processing center is not working properly and you knew or were told about the malfunction before you executed your bill payment instructions;
You have not properly followed instructions on how to make a funds transfer;
You do not provide us with complete, correct and current Payment Account or Biller information or instructions, or other payment account information or instructions;
You do not authorize a bill payment or transfer in time for your payment to be credited by the Biller by the Due Date;
A timely bill payment is made but the Biller nevertheless does not credit your payment promptly after receipt;
Withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process;
We or our agent reasonably believe that a transaction may be unauthorized;
Your computer or any related system was not working properly and it interfered with your attempt to authorize a funds transfer or bill payment;
Circumstances beyond our or our agents’ control prevent processing a payment you authorized or making a funds transfer or bill payment. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by Billers, fires, floods, and other natural disasters, terrorist acts or war; or
Any other set of circumstances as set forth in this or any Additional Agreements.
“Computer” means your computer, computer system, mobile device, or any other method used to access a Capital One Site and all related equipment and software.
The Additional Agreements are incorporated into this Agreement.

Qualifications & exceptions

  • The list ends with a catch-all for circumstances in any Additional Agreement, so the full set of excuses depends on documents not supplied.

Not stated here

  • Additional Agreements that may add excuses are not supplied.

Legal Rights & Agreement Rules · Restriction or exception

You must use the Service lawfully; Capital One may monitor or remove objectionable content and bans listed abuses

You are independently responsible for complying with all applicable laws when you use the Service, whatever the purpose, including in communications you send through it. Capital One and its Service Providers have the right, but no obligation, to monitor and remove communications or content they find objectionable in their sole discretion. You may not use the Service for communications or activities that violate law; promote hate, violence, racial intolerance, financial exploitation of a crime or criminal activity; defame, abuse, harass or threaten others; infringe intellectual property, publicity or privacy rights; overload Capital One's infrastructure; spread viruses or other harmful code; use robots, spiders or other automated or manual means to monitor or copy the Service without written permission; bypass or interfere with security technology; or could cause Capital One or its Service Providers to lose services from their internet providers, payment processors or other vendors.

Supporting quotations

ACCEPTABLE USE
You agree that you are independently responsible for complying with all applicable laws when you use the Service, regardless of the purpose of the use. This includes all communications you send through the Service.
We and our Service Providers have the right but not the obligation to monitor and/or remove communications or content that we find in our sole discretion to be objectionable in any way.
In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation;
(g) use any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission;

Qualifications & exceptions

  • The ACCEPTABLE USE heading sits under the auto loan unauthorized-transactions material, but its text refers to "the Service" generally; its exact service scope is not stated.

Legal Rights & Agreement Rules · Context

The Services are offered to U.S. citizens and legal residents unless Capital One agrees otherwise

Unless Capital One agrees otherwise, the Services in this Agreement are offered to citizens and legal residents of the United States.

Supporting quotations

Area of Service
Unless otherwise agreed by Capital One, the Services described in this Agreement are offered to citizens and legal residents of the United States of America.

Legal Rights & Agreement Rules · Restriction or exception

If Capital One sues to collect what you owe, you pay its reasonable legal fees and costs where law allows

If Capital One has to file a lawsuit to collect what you owe, you will pay its reasonable expenses, including attorneys' fees and court costs, unless applicable law prohibits it.

Supporting quotations

Collection Expenses
If we have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorneys’ fees and court costs, unless prohibited by applicable law.

Legal Rights & Agreement Rules · Context

Remittance transfers are governed by U.S. law and, where applicable, New York law including its UCC Article 4A

"Remittance transfers" as defined by Regulation E, Subpart B, are governed by the laws of the United States and, to the extent applicable, the laws of the State of New York, including New York's version of Article 4A of the Uniform Commercial Code. The cited laws are named but not supplied.

Supporting quotations

“Remittance transfers,” as defined by Regulation E, Subpart B, are governed by the laws of the U.S. and to the extent applicable, the laws of the State of New York, including New York’s version of Article 4A of the UCC.

Not stated here

  • Regulation E and New York's UCC Article 4A are external laws not supplied; which Services involve remittance transfers is not stated.

Legal Rights & Agreement Rules · Restriction or exception

Content from Capital One sites may not be downloaded or exported in violation of U.S. export law

U.S. export control laws prohibit exporting certain technical data and software to certain territories, and no content from the Online Banking Site or any other Capital One Site may be downloaded or exported in violation of U.S. law.

Supporting quotations

Downloading and Exportation
No content from the Online Banking Site or any other Capital One Site may be downloaded or otherwise exported in violation of United States law.
Capital One Sites include, without limitation, the Online Banking Site and capitalone.com.

Legal Rights & Agreement Rules · Permission or license

Capital One may change, suspend or end Services or fees at any time; using them after a change means acceptance

Capital One may change, suspend or discontinue the Services, their features, or the applicable fees and charges, in its sole discretion and at any time, and changes may add new charges or terms. It will notify you if applicable law requires. Unless stated otherwise, using the Services after the revised terms take effect means you accept them. Elsewhere Capital One says it will try, when reasonably practicable, to give 30 days' notice of new online fees, stricter limits or greater liability for unauthorized transactions, without guaranteeing it.

Supporting quotations

Changes or Amendment
We may change, suspend, or discontinue the Services described in this Agreement, or any of their features or the applicable fees and charges, in our sole discretion and at any time. Any changes may result in the addition of new charges or terms. If we make changes, you will be notified if required by applicable law. Unless otherwise indicated, when you use the Services after the effective date of the revised terms, you accept the terms.
Whenever reasonably practicable, we will try to post or send notice of any additional fees for online transactions at least 30 days in advance of the effective date;

Qualifications & exceptions

  • Notice under this clause is promised only where law requires; the 30-day notice elsewhere is a best-efforts target.

Legal Rights & Agreement Rules · Procedure

Notices may come by email, text, mail, push notification or posting, under your electronic consent

Capital One may send notices about the Service by email, text message/SMS/RCS, regular mail, push notifications, or postings on related websites or apps. Your use of the Service is subject to any consent you gave to receive notices electronically; the Electronic Communications Disclosure and your paperless settings in Online Banking describe it.

Supporting quotations

Notices
We may provide you with notices related to the Service by email, text message/SMS/RCS, regular mail, push notifications, or postings on the websites or apps related to the Service. Your use of the Service is subject to the consent you may have provided to send you certain notices and other communications electronically.

Qualifications & exceptions

  • Posting on a website or app counts as a possible notice method.

Legal Rights & Agreement Rules · Restriction or exception

Capital One may transfer this Agreement within its family and delegate to contractors; you cannot transfer yours

Capital One may assign the Agreement to its parent, to any current or future subsidiary of its parent or another Capital One entity, to any subsidiary of Capital One, or to any current or future affiliate, and may assign or delegate some rights and responsibilities to independent contractors or other third parties. You may not assign the Agreement or your right to use or access the Services to anyone.

Supporting quotations

Assignment
We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation or another Capital One entity; or to any existing or future direct or indirect subsidiary of Capital One; or to any of our existing or future affiliates.
We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign this Agreement or your rights to use or access the Services to any other party.

Legal Rights & Agreement Rules · Restriction or exception

The Services are provided "as is" with no warranties that they work, are secure or accurate

Capital One provides the Services "as is" and disclaims all express and implied warranties, including merchantability, fitness for a particular purpose and non-infringement. No oral or written advice from Capital One creates a warranty not stated in the Agreement. Although it says it makes every effort to provide accurate information, it does not warrant that the Services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that information or results will be accurate, current, complete or reliable.

Supporting quotations

Disclaimer of Warranty
CAPITAL ONE PROVIDES THE SERVICES “AS IS.” CAPITAL ONE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION.
BUT CAPITAL ONE MAKES NO WARRANTY THAT (a) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THAT DEFECTS WILL BE CORRECTED; OR (c) ANY INFORMATION CONTAINED IN, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

Legal Rights & Agreement Rules · Restriction or exception

You assume all risk; damages are disclaimed, capped at $10 in some states, and quitting is your only remedy

To the maximum extent permitted by law, you assume all risk from using the Services and agree not to hold Capital One or anyone involved in creating or delivering them liable for any direct, indirect, incidental, special, consequential or punitive damages relating to your use or inability to use them, on any legal theory, including lost profits, goodwill, use or data. Capital One is not liable for interruptions or unavailability, assumes no liability for servicing or correcting defects except as the Agreement expressly states, and has no obligation to fix bugs. In states where excluding consequential or incidental damages may not apply, liability is limited and warranties excluded to the greatest extent law permits, but in no event exceeds $10. If you are dissatisfied, your sole and exclusive remedy is to stop using the Service.

Supporting quotations

Limitation on Liability & Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICES. YOU AGREE NOT TO HOLD US (NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES) LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SERVICES, REGARDLESS OF WHETHER THEY’RE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
WE ARE NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SERVICES. SHOULD THE SERVICES BE DEFECTIVE IN ANY WAY, WE ASSUME NO LIABILITY FOR SERVICING, REPAIR, OR CORRECTION, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. CAPITAL ONE HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN CONNECTION WITH THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).

Qualifications & exceptions

  • The disclaimer applies to the maximum extent permitted by law.
  • Elsewhere the Agreement accepts actual-damages liability for transfers and sets consumer EFT loss limits; this general clause sits in tension with those specific provisions.

Legal Rights & Agreement Rules · Restriction or exception

Where states don't allow excluding incidental or consequential damages, Capital One caps its liability at $10

In states where the exclusion or limitation of liability for consequential or incidental damages may not apply, Capital One says its liability is limited and warranties are excluded to the greatest extent the law permits, and in no event exceeds ten dollars ($10). This general cap sits beside a specific transfer clause under which, if Capital One is liable for damages due to a transfer, you recover actual damages, plus interest where the law requires it.

Supporting quotations

IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).
In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only.

Qualifications & exceptions

  • The cap is stated to apply to the greatest extent permitted by law.

Not stated here

  • The Agreement does not say how the $10 cap interacts with the transfer-specific actual-damages clause or with legally required consumer protections.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

You indemnify Capital One for claims arising from your use or misuse of the Services, surviving termination

You are personally responsible for your conduct while using the Services. You agree to indemnify, defend and hold harmless Capital One and its owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages (including direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys' fees caused by or arising from your use, misuse or inability to use the Services, including any violation of these terms. This survives expiration or termination of the Agreement. A separate indemnity, limited to the maximum extent permitted by law, covers Services Capital One renders based on electronic communications.

Supporting quotations

Indemnification
You agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the Services. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Capital One

Qualifications & exceptions

  • Unlike the electronic-communications indemnity, this clause is not expressly limited "to the maximum extent permitted by law".

Legal Rights & Agreement Rules · Context

Virginia law governs, UCITA is excluded where allowed, and you submit to federal court in eastern Virginia

Virginia law governs the Agreement without regard to conflict-of-law principles, and to the extent applicable law permits, the Uniform Computer Information Transactions Act does not apply. You irrevocably submit to the jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, or, if that court lacks subject matter jurisdiction, the Virginia courts in Henrico or Fairfax County.

Supporting quotations

Governing Law; Jurisdiction; Venue
Virginia law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.

Qualifications & exceptions

  • Remittance transfers are separately governed by U.S. and, where applicable, New York law.

Not stated here

  • The Agreement contains no arbitration clause in this source; any dispute terms in Additional Agreements are not supplied.

Legal Rights & Agreement Rules · User right or choice

California users can contact the state's Complaint Assistance Unit; Capital One lists a legal-notice address

Under California Civil Code Section 1789.3, certain California users are entitled to a consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210. Capital One's legal notice address is PO Box 30285, Salt Lake City, UT 84130-0285, Attn: Legal Notice.

Supporting quotations

SPECIAL NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Capital One Attn: Legal Notice PO Box 30285 Salt Lake City, UT 84130-0285

Qualifications & exceptions

  • Applies to certain California users.

Not stated here

  • California Civil Code Section 1789.3 is an external law not supplied.

Legal Rights & Agreement Rules · Context

Unenforceable parts don't void the rest, and Capital One waives rights only in signed writing

If any part of the Agreement is void or unenforceable, the rest remains valid and enforceable. Capital One is not treated as waiving any right or remedy unless the waiver is in writing and signed by it; a delay or failure to act is not a waiver, and a waiver on one occasion does not waive rights in the future.

Supporting quotations

Severability
If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
Non-Waiver
We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.

Qualifications & exceptions

  • The non-waiver rule protects Capital One's rights; it does not address waivers of yours.