United States Terms of Service
1. Introduction and Overview.
Thanks for using the Capital One® Shopping website (www.capitaloneshopping.com), mobile applications, and browser extension (individually and collectively, the “Services”). The Services are provided by Wikibuy Holdings, LLC, mailing address Capital One Shopping, PO Box 269030, Plano, TX 75026-9030.
The term “Capital One” in these Terms of Service ("Terms") means Capital One, N.A. and all its affiliates and subsidiaries. The terms “Capital One Shopping” or “we” or “us” or “our” in these Terms of Service means Wikibuy Holdings, LLC. The term “Affiliates” in these Terms of Service means companies affiliated with us through common ownership. Affiliates shall also include the parent company of the group of which we are a member and any affiliates of the parent company.
Our Services include our websites at capitaloneshopping.com and any subdomains (collectively, the “Sites”), our Capital One Shopping browser extension (the “Browser Companion”), and all related websites, networks, applications, utilities, and functions. By using any portion of our Services, you agree to these Terms. Please read them carefully.
2. Who Can Use The Services.
You must be an individual 18 years of age or older to use the Services, and you must enroll to use the Services using our Sites or mobile applications. We reserve the right to refuse access to the Services or to cancel your account at any time without notice. By using the Services, you represent and warrant that any profile information you submit is true and accurate, that you are 18 years of age or older, and that you are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18. Use of the Services is void where prohibited.
Except as otherwise expressly provided in these Terms, the Services are for personal, non-commercial use only, and you represent and warrant that you are not using the Services on behalf of any third person or entity, nor for any commercial purpose. Except as expressed below, use of the Services is limited to permissible jurisdictions within the United States of America and is not intended for use outside of that area. Certain functions of the Services may not be available in Puerto Rico. Limited commercial use of the Services is permitted, only as described in Section 3 below, by authorized representatives of companies, entities, or other organizations that are retailers, online sellers, or merchants engaged in ecommerce (“Merchant(s)”). If you use the Services on behalf of a Merchant, then you represent and warrant that you: (a) are an authorized representative of that Merchant with the authority to bind that Merchant to these Terms and (b) are bound by these Terms on behalf of that Merchant.
3. How the Services Work.
: We offer a tool that facilitates and assists users who wish to obtain and share pricing information about, and purchase goods from, a variety of online third-party Merchants. Merchants also may use this Service to: display their products and goods to our users; verify information about that Merchant’s online product offerings made available via the Services; or provide feedback to Capital One Shopping about the Services. The Browser Companion Service may, among other features, allow you to compare products and their prices while browsing third-party online-shopping sites and provide you with offers for products you may be interested in purchasing.
: In order to use certain portions of the Services, you must create a Capital One Shopping account, including a username and password (“User Account” or “Account”) or register and login using sign-on functionality using credentials from an eligible Capital One account. The Services may allow you to register and log in using sign-on functionality provided by third-party social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you. When registering for an Account, we need accurate and complete information about you and you must tell us when any of your information changes. We may suspend or terminate your Account without notice if we cannot verify your information, or if you do not update it, or if you do not provide it when requested.
You are solely responsible for all activities that occur through your Account. You shall not use the Services for any illegal or unauthorized purpose. You shall not abuse, harass, threaten, harm, or impersonate other Capital One Shopping users, or Capital One Shopping employees, at any time or for any reason. You are responsible for monitoring your Account, for changing your password periodically, and for notifying Capital One Shopping immediately of any unauthorized use of your Account or breach of your password security. To protect your Account from unauthorized use, you shall not provide your username or password to anyone else, and you may not allow any other person or entity to access or use your Account. You shall not transmit worms, viruses, or any code of a destructive nature to us, other users, or the Services. Please notify us immediately of any unauthorized use of your Account or any other breach of security by sending an email to [email protected].
5. Pricing Information.
Except where noted otherwise, the price displayed for products made available for purchase via the Services represents the full retail price listed for the product itself. Please note that pricing information displayed on the Services is subject to change, and that we have no control over fee adjustments made by third parties, including Merchants. In the event of a pricing error, Capital One Shopping expressly reserves the right to correct the error on the Services without notice.
When shopping for products while using the Services, you will often have a choice of various shipping and return options that may be offered for different prices. We will make a reasonable effort to provide you with accurate information with respect to inventory availability, estimated shipping dates, and product delivery timeframes, but we make no guarantees with respect to such matters.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND PAYING THE APPROPRIATE GOVERNMENT TAXES, FEES, AND SERVICE CHARGES RESULTING FROM A TRANSACTION OCCURRING THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR COLLECTING, REPORTING, PAYING, OR REMITTING TO YOU ANY OF THOSE TAXES, FEES, OR SERVICE CHARGES, EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW. YOU ACKNOWLEDGE THAT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CAPITAL ONE SHOPPING DOES NOT COLLECT TAXES FOR REMITTANCE TO APPLICABLE TAXING AUTHORITIES IN CONNECTION WITH PURCHASED PRODUCTS. THE TAX RECOVERY CHARGES ON PURCHASED PRODUCTS ARE A RECOVERY OF THE ESTIMATED SALES TAXES THAT CAPITAL ONE SHOPPING IS REQUIRED PAY TO THE APPLICABLE MERCHANT FOR TAXES DUE ON THE PURCHASED PRODUCT. MERCHANTS INVOICE CAPITAL ONE SHOPPING FOR CERTAIN CHARGES, INCLUDING TAX AMOUNTS. MERCHANT SELLERS ARE RESPONSIBLE FOR REMITTING APPLICABLE TAXES TO THE APPLICABLE TAXING JURISDICTIONS. CAPITAL ONE SHOPPING DOES NOT ACT AS A CO-VENDOR WITH THE APPLICABLE MERCHANT FOR ANY PARTICULAR PURCHASED PRODUCT. TAXABILITY AND THE APPROPRIATE TAX RATE VARY GREATLY BY LOCATION. THE ACTUAL TAX AMOUNTS PAID BY CAPITAL ONE SHOPPING TO MERCHANT SELLERS MAY VARY FROM THE TAX RECOVERY CHARGE AMOUNTS, DEPENDING UPON THE RATES, DELIVERY LOCATION, TAXABILITY, ETC. IN EFFECT AT THE TIME OF THE ACTUAL SHIPMENT OF A PURCHASED PRODUCT TO YOU.
7. License and Restrictions
a. The proprietary software associated with the Browser Companion (including any enhancements or modifications and any related documentation) (the “Software”) is a copyrighted work. Subject to your compliance with these Terms, and in consideration of your promises reflected in these Terms, Capital One Shopping grants you a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable license to download, install, and use the Browser Companion to and on devices controlled by you, and to use the Software solely to use the Browser Companion as permitted under these Terms. All rights not expressly granted to you by the foregoing sentence are reserved by Capital One Shopping. Without limiting the generality of the foregoing, you may not copy, modify, distribute, reverse engineer, decompile, or disassemble the Software or any other technology relating to the Browser Companion, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than shopping for or purchasing products in connection with the Browser Companion and as permitted hereunder, and you may not transfer, sell, assign, license, or convey it to another party without Capital One Shopping’s prior written consent.
b. The Software you download consists of a package of components, which may include certain third-party software (“Third-Party Software””) provided under separate license terms (the “Third-Party Terms”). Your use of the Third-Party Software, if any, in conjunction with the Services in a manner consistent with these Terms is permitted, however, you may have broader rights under the applicable Third-Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software.
c. Subject to your compliance with these Terms, and in consideration of your promises reflected in these Terms, Capital One Shopping grants to you a limited license to make personal use of the Browser Companion. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Services or any portion thereof as well as making any derivative works based upon or distributing or copying the Browser Companion, except as expressly permitted in these Terms. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Capital One Shopping or our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” using the name or trademarks of Capital One Shopping or our affiliates without our express written consent. Any unauthorized use terminates the permission or license granted by Capital One Shopping in this paragraph.
d. You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Services, you will not, and will not permit anyone else to: (i) store, copy, modify, or distribute any of the content made available on or through the Services; (ii) compile or collect any content available on or through the Services as part of a database or other work; (iii) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Services; (iv) frame or otherwise incorporate the Services or any portion of the Services as part of another website or a different service; (v) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services (including the display of third-party advertising); (vi) circumvent or disable any digital rights management, usage rules, or other security features of the Services, or any content available on or through the Services; (vii) use the Services in a manner that may threaten the integrity, performance, or availability of the Services; (viii) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or any content available from the Services; or (ix) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
e. You are prohibited from falsely stating or otherwise misrepresenting your affiliation with any person or entity. You are prohibited from using any information obtained via the Services for any purpose other than shopping for products without the express written permission of Capital One Shopping. We reserve the right to delete without notice any accounts that we determine may be associated with domains owned or operated by our competitors.
8. Product and Loyalty Account Information. You understand and acknowledge that, through your use of the Services, you are authorizing and directing us to act on your behalf to collect, use, share, and store information from third-party Merchants and loyalty program providers for which you demonstrate interest during your activities on the Internet. This information includes, but is not limited to, product descriptions, pricing and shipping information, coupons and other discounts, and loyalty program credits or other purchase incentives earned in order to retain and share that information with Merchants and other users of the Services to perform and improve the Services. We may use this information to improve the Services, including by sharing the price information and coupon codes with third parties, but Capital One Shopping won’t specifically identify you to third parties when we share such information with them.
9. Capital One Shopping Rewards.
a. Generally. In connection with various promotions and offers made available by us via the Services (“Capital One Shopping Promotion(s)”), we may, from time to time, make available to you rewards offers in the form of Capital One Shopping Rewards (“Shopping Rewards” or “Rewards”) for completing certain actions or activities. All Shopping Rewards are issued by Capital One Shopping in connection with our promotional, loyalty, or rewards program (the “Shopping Rewards Program”). Shopping Rewards cannot be purchased. In order to receive Shopping Rewards, you must comply with all terms that relate to the applicable Capital One Shopping Promotion and your account must be in good standing, as defined in Section 9(h) below. Shopping Rewards are not money or cash obligations, do not have any monetary value, and may never be redeemed for cash or for items of monetary value outside of the Services. Shopping Rewards may not be transferred (except as specifically provided below) or resold in any manner, including, without limitation, by means of any direct sale or auction service. You may not combine your Shopping Rewards with Shopping Rewards belonging to any other user, including, but not limited to, any family member or friend. Shopping Rewards cannot be divided as part of a settlement, legal proceeding, or death. Shopping Rewards may not be available if you have installed on your browser or device a browser extension, toolbar, plug-in, or similar application, other than the Browser Companion, that offers rewards, coupons, discounts, cash back, or other similar benefits, since in that case your purchases may be credited to that other application. Rewards typically post approximately 30 to 90 days after a qualifying purchase (or, for travel-related Rewards, within 90 days after travel is completed), but may take longer in certain circumstances.
b. License. Shopping Rewards obtained via the Services are provided to you under a limited, personal, revocable, non-transferable (except as specifically provided below), non-sublicensable license to use within the Services. You have no property interest, right, or title in or to any Shopping Rewards appearing or originating in the Services or any other attributes associated with use of the Services. All Shopping Rewards remain the sole property of Capital One Shopping.
c. Limitation of Liability. We have no liability for hacking or loss of your Shopping Rewards, but we will use commercially reasonable efforts to restore Shopping Rewards in the event of any hacking or loss. We have no obligation to, and will not, reimburse you for any Shopping Rewards or any goods or services obtained via Shopping Rewards that are forfeited due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Shopping Rewards or to refuse to provide you with any Shopping Rewards. Price, exchangeability, and availability of Shopping Rewards are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, modify, restrict, or eliminate Shopping Rewards as we see fit in our sole discretion, without notice, and that we will have no liability for exercising that right. We are not liable to you for any damages or claims that may arise from the loss or use of your Shopping Rewards regardless of the circumstances, specifically including (but not limited to) any damages or claims which may arise through our negligence. You absolve us of any responsibility to maintain or update your Shopping Rewards balance, but we agree to use commercially reasonable efforts to do so. If there is a loss of Shopping Rewards in your Account due to technical or operational problems with the Services, we may replenish the lost Shopping Rewards once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish the Shopping Rewards lost.
d. Redemption. In order to be eligible to redeem Shopping Rewards, (1) your Account must be in good standing, as defined in Section 9(h) below; (2) you must have accumulated a minimum balance of $0.01 worth of Shopping Rewards; and (3) you must be able to satisfy any verification or fraud prevention requirements used by Capital One Shopping to protect your account. If you have satisfied these requirements, you may redeem Shopping Rewards provided, however, that you may not redeem more than a value of $500.00 worth of Shopping Rewards in any single transaction. All redemptions of Shopping Rewards are made with Capital One Shopping. All redemptions are subject to these Terms and all limitations and requirements stated via the Services. To the extent that there is any conflict between these Terms and any additional limitations or requirements stated via the Services, those additional limitations or requirements will control. All redemptions of Shopping Rewards are final. Once your Shopping Rewards have been redeemed, they will be subtracted from your Shopping Rewards balance.
e. Referral-Based Shopping Rewards. Capital One Shopping may, from time to time, offer referral-based Shopping Rewards to users who refer new customers ("Referrers") and to referred new users ("Refer-ees"). By participating in the referral program, you are telling your refer-ee that you're a Capital One Shopping customer. For a Referrer to be eligible for a referral-based Shopping Reward: (1) you must refer one qualifying new user to the Services (said new user is subject to verification by Capital One Shopping, including to verify that such new user may not have previously used the Services, is a real person, and meets the eligibility requirements set forth in Section 2 of these Terms and as otherwise determined by Capital One Shopping in its sole discretion); (2) said new user must use your custom referral link to install the Capital One Shopping desktop or mobile browser extension and enroll in an account with the Services; (3) said new user must make a Qualifying Purchase via the Capital One Shopping desktop or mobile browser extension within thirty (30) days or, if shorter, the specified promotion period after enrolling in a new account in the Services; and (4) you must not have exceeded your referral-based Shopping Reward payout maximum in the current referral period at the time of payout. For a Refer-ee to be eligible for a referral-based Shopping Reward: (1) you must be a qualifying new user to the Services (subject to verification by Capital One Shopping, including to verify that such new user may not have previously used the Services, is a real person, and meets the eligibility requirements set forth in Section 2 of these Terms and as otherwise determined by Capital One Shopping in its sole discretion); (2) you must use your Referrer’s custom referral link to install the Capital One Shopping desktop or mobile browser extension and enroll in an account with the Services; (3) you must make a Qualifying Purchase via the Capital One Shopping desktop or mobile browser extension within thirty (30) days or, if shorter, the specific promotion period after enrolling in a new account in the services; (4) your Referrer must not have exceeded their referral-based Shopping Reward payout maximum in the current referral period. A “Qualifying Purchase” means a purchase via Capital One Shopping that earns Capital One Shopping Rewards. Any offer of referral-based Shopping Rewards is a limited time offer and is subject to change or termination without notice at Capital One Shopping’s sole discretion. Qualification for the referral program is determined at our sole discretion and may change at any time without notice. We reserve the right to disqualify any referrer or refer-ee from participation in the referral program in the event of fraud, abuse of program privileges, or violation of the Terms as determined at our discretion. Such termination may result in the forfeiture of any accumulated or pending referral bonuses. We reserve the right to withhold or remove Shopping Rewards in connection with the Referral Program for any reason. Issuance of Shopping Rewards may be delayed during the determination of whether a Qualifying Purchase has been made by a new user. You may only obtain one referral-based Shopping Rewards bonus for each new user that you refer to the Services. You may only obtain a referral-based Shopping Rewards bonus after the first Qualifying Purchase made by a new user, and not based on any subsequent purchases. You may not attempt to obtain referral-based Shopping Rewards through fraud or abuse of program privileges, including but not limited to creating multiple or duplicate accounts, solely or in concert with others, engaging in a bot network, spam, or advertising through any paid promotional channel. Failure to comply with these Terms or any fraudulent or abusive actions, as determined by Capital One Shopping in its sole discretion, may result in the removal of any accumulated or pending referral-based Capital One Shopping Rewards from your account, and/or the immediate suspension or termination of your access to the Services immediately. We reserve the right to delay or not enforce any of our rights under the referral program without waiving or losing our right to enforce them later.
f. Loss of Shopping Rewards. Capital One Shopping may subtract Shopping Rewards from your account if it determines, in its sole discretion, that you were not eligible to receive the Shopping Rewards or if Shopping Rewards were fraudulently obtained. If you terminate or cancel your Account, any Shopping Rewards balance associated with your account will expire upon such termination or cancellation.
g. No Expiration of Shopping Rewards. Unused Shopping Rewards will not expire. However, you will not be able to redeem Shopping Rewards unless you satisfy the conditions for redemption set forth in Section 9(d) above.
h. Good Standing. To redeem Shopping Rewards, your User Account must be in good standing, which means it cannot be terminated, suspended, or otherwise in default. To remain in good standing, your Account profile must remain up-to-date and your email address must remain verified.
i. Modification and Termination. Capital One Shopping reserves the right to modify the terms and conditions of the Shopping Rewards Program at any time without notice, including, but not limited to, by modifying Shopping Rewards redemption values or conditions for receiving or redeeming Shopping Rewards. In addition, we may alter, change, or terminate the Capital One Shopping Rewards Program at any time without notice.
j. Taxes. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT SHOPPING REWARDS THAT YOU RECEIVE MAY BE SUBJECT TO TAX, THE PAYMENT OF WHICH IS YOUR SOLE RESPONSIBILITY. Capital One Shopping may provide you and/or the appropriate government agency or taxing authority with information related to any Shopping Rewards you receive or redeem in connection with the Services. You agree to provide Capital One Shopping with all required information to assist Capital One Shopping in complying with its reporting or withholding obligations. Capital One Shopping may withhold any tax from any Shopping Rewards or redemption of Shopping Rewards as required by applicable law.
10. User Content. In connection with registration for an account for the Services or other use of the Services, users may post comments, product reviews, or otherwise provide information to the Services (“User Content”). You agree that you will not upload User Content to the Services unless you have created that content yourself or you have permission from the copyright owner to do so.
Communications in chat areas, forums, bulletin boards, communities, product reviews, or other public or common areas of the Services are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Services.
You agree not to upload to the Services or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Capital One Shopping’s or our partners’ products and services, as determined by Capital One Shopping in our sole discretion; or (f) in Capital One Shopping’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Capital One Shopping, our affiliates, Merchants, or users to harm or liability of any nature.
Although Capital One Shopping has no obligation to screen, edit, or monitor any User Content, Capital One Shopping reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
11. Merchant Content. If you are a user affiliated with or otherwise acting for a Merchant, you agree to permit Capital One Shopping to collect by whatever means, use, retain, store, and display information, images, text, descriptions, prices, and any other data in whatever form, that is presented on, available through, or derivable from any generally available website owned or maintained by, or otherwise associated with that Merchant (“Merchant Content”), notwithstanding any agreements, terms-of-service restrictions, or other provisions to the contrary. You represent and warrant that your use of the Services is within the scope of your duties with respect to the Merchant with which you are affiliated or associated, and that you have authority to consent effectively on behalf of the Merchant to our collection, use, retention, storage, and display of any and all such Merchant Content.
For any and all Merchant Content of the Merchant with which you are affiliated, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that Merchant Content throughout the world in any media in connection with the Services or Capital One Shopping’s business, including without limitation for promoting the Services; and (b) the right to use the Merchant’s name in connection with the Merchant Content, if we choose. The applicable Merchant retains all rights in its Merchant Content, subject to the rights granted to Capital One Shopping in these Terms. Such Merchant represents and warrants that all Merchant Content that it may provide shall be its wholly original material (except for material that such Merchant is using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
Although Capital One Shopping has no obligation to screen, edit, or monitor any Merchant Content, Capital One Shopping reserves the right and has absolute discretion to remove, screen, edit, or disable any Merchant Content at any time and for any reason without notice.
You understand that by using the Services, you may be exposed to Merchant Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any Merchant Content, including any loss or damage to any Merchant Content.
12. 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”). Licensed Content is protected by intellectual property laws. 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. 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.
13. Ownership and Trademarks. We, our Affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
“Capital One Shopping” is a trademark of Capital One Shopping. Other product, brand, and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services without the prior written consent of Capital One Shopping or the owner of the mark, as appropriate, is strictly prohibited.
14. 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.
15. Customer Support.
You may contact Customer Service using the contact information on our Sites. The provision of customer support is not required or guaranteed, and is provided at Capital One Shopping’s sole discretion.
16. Feedback. If you provide feedback to Capital One Shopping regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Capital One Shopping to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Capital One Shopping a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
17. Account and Services Termination. We may suspend or terminate your access to the Services or your Capital One Shopping Account at any time without notice for any reason not prohibited by law. If Capital One Shopping suspects that you have violated any provision of these Terms, Capital One Shopping may also seek any other available legal or equitable remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon account termination, you must destroy or delete any copy of Capital One Shopping Software in your possession. You also may terminate your Capital One Shopping Account at any time by sending an email request to [email protected]. You may terminate your use of the Services at any time by terminating your account(s) and deleting any Software from your device or personal computer. To uninstall the Browser Companion or any other Software that is on your device or equipment, please see the “Help” information available via the applicable Software or contact us at [email protected].
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, including, but not limited to, any damage or loss to any data, computers, systems, or networks.
18. Breach of these Terms. Capital One Shopping may monitor the Services for violations of these Terms, and you agree (a) not to bypass monitoring, (b) that Capital One Shopping will not be liable for monitoring, and (c) nothing Capital One Shopping says or does waives our rights to monitor the Services. If Capital One Shopping determines that you have materially breached these Terms, it may, and without limiting any of our other remedies, immediately and without notice, suspend your account, terminate your account, identify you to third parties, or take legal action.
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.
19. Third-Party Content. 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.
Additionally, 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. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. 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. In addition, we will not and cannot censor or edit Third-Party Content. 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.
20. Promotions. We may email or provide you coupons, offers, and other specials from third parties (collectively “Third-Party Promotions”). Capital One Shopping is not responsible for the redemption, errors, omissions, or expiration of Third-Party Promotions. All Third-Party Promotions featured as a part of the Services are subject to change without notice and we have no control over their legality or the ability of any Merchant to complete the Third-Party Promotion (including completing the sale in accordance with the offer). The Services may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with those dealings, are solely between you and that third party.
21. Marketing. Regardless of whether you have chosen to opt out of certain marketing offers from Capital One Shopping, by using the Services you agree that we may market our services and the services and products of other companies directly on our Sites through the use of banner ads, “hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Capital One Shopping, and may be provided by companies not affiliated with Capital One Shopping. Non-affiliated companies 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.
22. 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. CAPITAL ONE SHOPPING, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS 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. 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 LOSS OF ANY LOSS OR HARM TO YOUR COMPUTER OR MOBILE DEVICE. NOTWITHSTANDING ANYTHING WRITTEN OR IMPLIED IN THE SERVICES, CAPITAL ONE SHOPPING DOES NOT GUARANTEE THAT PRODUCTS OFFERED THROUGH THE SERVICES WILL BE SOLD AT THE LOWEST PRICE COMPARED TO ALL OTHER VENDORS OF THE SAME PRODUCTS OR WITH THE MOST FAVORABLE SHIPPING AND HANDLING FEES OR SHIPMENT TIMES. CAPITAL ONE SHOPPING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND CAPITAL ONE SHOPPING IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY MERCHANTS OR SELLERS. 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.
23. Limitation of Liability. The Sites, Browser Companion, or other portions of the Services may include inaccuracies or errors, including pricing errors. In particular, 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.
Termination of your Account is your sole right and remedy with respect to any dispute with Capital One Shopping regarding the Services or these Terms.
NEITHER CAPITAL ONE SHOPPING NOR OUR AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DAMAGES TO COMPUTERS, SYSTEMS, OR NETWORKS, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS, USE, OR TERMINATION OF USE OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR 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 THE GREATER OF THE AMOUNT YOU PAID FOR THE RIGHT TO ACCESS THE SERVICES OR $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.
24. 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. You will cooperate fully as reasonably required in defense of any claim identified under this section. You acknowledge that damages from improper use of the Services may be irreparable; therefore, Capital One Shopping is entitled to seek equitable relief in addition to all other remedies. 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. 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.
25. Laws and Regulations. 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. 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.
26. Dispute Resolution of Disputes Between Capital One Shopping and Merchants. Section 25 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 disputes between a Merchant and Capital One Shopping, these Terms and 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, will govern. Further, Virginia law will govern the interpretation and application of these Terms and your use of the Services. 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.
27. 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.
28. 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. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect.
29. Consent to 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.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Services, including without limitation any SMS / text messaging fees, data charges, and other fees.
30. Digital Millennium Copyright Act.
In compliance with the Digital Millennium Copyright Act, Capital One Financial Corporation has designated an agent to receive notifications of alleged copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice, including all of the following information: (1) a description of the work allegedly infringed; (2) a description of the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization.
If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a DMCA takedown notification, you may contest the takedown by submitting a DMCA counter notification. The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3). If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or Capital One determines, at its sole discretion, that the content at issue is not appropriate for inclusion.
Submission of DMCA Notifications and Counter-Notifications
DMCA Notifications and Counter-Notifications must be submitted to:
DMCA Agent (attn: Capital One Shopping)
Capital One Services, LLC
15000 Capital One Drive
Richmond, VA 23238
Email: [email protected]
Capital One Shopping reserves the right to terminate users of its Services who are repeat infringers, as determined by Capital One Shopping in its sole discretion, without prejudice to any other rights or remedies of Capital One Shopping.
31. Entire Agreement. These Terms (including the Additional 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.
Capital One Shopping has no duties to you (including fiduciary duties) with respect to the Services except as expressly set forth in these Terms.
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.
32. Contacting Capital One Shopping. For questions, comments, complaints, or claims related to the Services, please contact Capital One Shopping at:
33. Third Party Beneficiaries. Other than Capital One Shopping, and its affiliates, no other person or company will be third party beneficiaries to the Terms.
Effective Date of Last Update: April 27, 2023.