Revised Capital One Shopping U.S. Terms of Service

Welcome to Capital One Shopping. We offer free Services that help shoppers like you find deals. We share a portion of the commission with you when you use our Services to make an Eligible Purchase from one of our partner Merchants and we receive a commission from the Merchant. These Terms of Service further explain how our Services work and are a binding agreement between you and Capital One Shopping Holdings, LLC.

ARBITRATION NOTICE

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT GOVERNS THE MANNER IN WHICH DISPUTES BETWEEN US ARE RESOLVED. PLEASE SEE SECTION 31 OF THIS AGREEMENT FOR FURTHER DETAILS.

1. INTRODUCTION

1.1 The Capital One® Shopping website (www.capitaloneshopping.com), mobile applications, browser extensions, and related communications (collectively, the “Services”) are provided by Capital One Shopping Holdings, LLC, located at Capital One Shopping, PO Box 269030, Plano, TX 75026-9030.

1.2 In these Terms of Service (“Terms”), “Capital One” refers to Capital One, N.A. and its affiliates and subsidiaries. “Capital One Shopping,” “we,” “us,” or “our” refers to Capital One Shopping Holdings, LLC. “Affiliates” includes companies affiliated with us through common ownership, including our parent company and its affiliates.

1.3 The Services include our websites at capitaloneshopping.com and any subdomains (collectively, the “Sites”), our browser extensions including the Capital One Shopping extension (“Shopping” or “Shopping Browser Companion”) and Adblock from Capital One Shopping extension (“Adblock” or “Adblock Browser Companion”) (collectively, “Browser Companions”), and all related websites, networks, applications (including our mobile application, the “Mobile App”), utilities, and functions.

1.4 By accessing or using any part of the Services, you agree to these Terms. Please read them carefully. If you do not agree to these Terms, you may not access or use any portion of the Services.

2. WHO CAN USE OUR SERVICES

2.1 To use the Services, you must be 18 years of age or older. Use of the Services is limited to the 50 United States and Washington, D.C. and is not intended for use outside of those areas. Certain functions of the Services may not be available in other locations and territories. By using the Services, you represent and warrant that you are 18 years of age or older.

2.2 Violation of these terms may result in suspension or termination of your Capital One Shopping Account and loss of your Shopping Rewards, both as defined below. We reserve the right to refuse access to the Services or to cancel your Capital One Shopping Account at any time without notice.

2.2 You may not use the Services to buy goods or services for resale to other persons or third parties. Suspected reseller behavior, as determined in Capital One Shopping’s or partner Merchants’ (defined below) discretion, may result in suspension or termination of your Capital One Shopping Account and loss of your Shopping Rewards.

3. HOW OUR SERVICES WORK

3.1 Our Services include tools that assist users who wish to obtain and share pricing information about, and purchase products or services from, a variety of third-party merchants (“Merchants”).

3.2 We may make Capital One Shopping Rewards (“Shopping Rewards” or “Rewards”) available to you. Rewards can be exchanged for e-gift cards from Merchants. To obtain Rewards, you must complete certain actions and comply with the terms, conditions, and restrictions specified in offers made to you (“Shopping Promotions”). A Shopping Promotion may require you to make a purchase from a Merchant that complies with certain terms, conditions, and restrictions to receive Rewards (“Purchase-Based Rewards”). Alternatively, a Shopping Promotion may require you to meet certain incentive-based conditions, such as creating a Capital One Shopping Account or referring a new user, to receive Rewards (“Incentive Bonuses”).

3.3 We may email or otherwise provide you with coupons, discounts, or other specials offered directly by Merchants (collectively “Third-Party Promotions”). All Third-Party Promotions featured as a part of the Services are subject to change without notice. Third-Party Promotions are provided directly by Merchants, not by Capital One Shopping, and we have no control over the ability of any Merchant to fulfill Third-Party Promotions (including completing sales in accordance with the offers). Your business dealings or correspondence with, or participation in Third-Party Promotions of, a Merchant, and any terms, conditions, warranties, or representations associated with those dealings, are solely between you and that Merchant. We are not responsible for redemption, omissions, or expiration of, or errors related to, Third-Party Promotions. Merchants will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products, and Capital One Shopping does not legally endorse or guarantee them.

3.4 We may share coupon codes with you that can be redeemed on third-party Merchant sites. For Merchants we are not partnered with, we source publicly available and shared coupon codes. For Merchants we are partnered with, we receive shareable coupon codes directly from those third-party Merchants. We do not claim to possess or share all possible coupon codes for a given Merchant or guarantee that any potential coupon code will result in savings. There may be other coupon codes available, including individual-use coupon codes, with discounts that are not offered through Capital One Shopping. Depending on the website, our savings notifications messages may be based on the inventory of coupon codes we have received from Merchant partners, our best estimate of the applicability of coupon codes, recently observed pricing and in-stock information, and/or observed savings. As an information-sharing service, Capital One Shopping does not sell goods directly and does not directly issue coupon codes. As such, the prices we display are estimates and we cannot guarantee that any particular price or coupon code will be available or result in a discount on items you purchase from Merchants. You are solely responsible for verifying the eligibility of a coupon code prior to making a purchase using that code.

3.5 When you browse products and services on certain Merchant websites, we may display offers for the same, similar, or related products and services on other Merchant websites, also known as price comparisons. The prices we display are estimates; you are solely responsible for verifying the accuracy of information before making purchasing decisions.

3.6 Our Services include Adblock, which allows you to block advertisements, including pop-ups, web banners, native placements, and other sponsored content, other than as described in these Terms, on certain websites you visit on a browser with the Adblock extension installed.

4. YOUR USER ACCOUNT

4.1 In order to use the Services, you may be required to create an account with Capital One Shopping, including a username and password (“Capital One Shopping Account”) or register and login using sign-on functionality using credentials from an eligible Capital One bank or credit card 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 such social networks’ terms and conditions applicable to you.

4.2 If you register for a Capital One Shopping Account, you must provide accurate and complete information about yourself and you must tell us when any of the information you have provided to us changes. We may suspend or terminate your Capital One Shopping 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 by us.

4.3 You may be required to take additional steps to verify your identity in order to access certain portions of the Services. Among other things, as outlined in Section 6.6, you must provide additional information about your identity to us before you can redeem Rewards. This may include, at our discretion, connecting an eligible consumer credit card or bank account to your Capital One Shopping account (which can be subsequently disconnected at any time), providing us with a working United States of America-based phone number that is not associated with any other Capital One Shopping Account, verifying ownership of your email address, and fulfilling any other verification or fraud prevention requirements that we may choose to impose. We reserve the right to deny access to the Services if you do not meet our identity-verification requirements.

4.4 You are solely responsible for all activities that occur through your Capital One Shopping 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 Capital One Shopping Account, for periodically changing the password that provides access to your Capital One Shopping Account, and for notifying Capital One Shopping immediately of any unauthorized use of your Capital One Shopping Account or breach of your password security. To protect your Capital One Shopping Account from unauthorized use, you shall not provide your username or password to anyone else, and you shall not allow any other person or entity to access or use your Capital One Shopping Account. You shall not transmit worms, viruses, or any code of a destructive nature to us, other users, or the Services. You shall not use scripts or disguised redirects to attempt to obtain financial benefit from Capital One Shopping. Please notify us immediately of any unauthorized use of your Capital One Shopping Account or any other breach of security by contacting us in the manner outlined in Section 30 below.

5. PRIVACY AND YOUR PERSONAL INFORMATION

5.1 By accessing or using any portion of the Services, you consent to the collection, use, and sharing of certain information about you, as specified in the Capital One Shopping Online & Mobile Privacy Policy (the “Privacy Policy”). Capital One Shopping encourages users of the Services to frequently check the Privacy Policy for changes. By accessing or using any portion of the Services, you represent and warrant that you have read and understood, and you agree to be bound by, the most current version of the Privacy Policy.

5.2 When providing a phone number to Capital One Shopping, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Capital One Shopping or its service provider for the duration of the business relationship, to help identify you or your wireless device, to prevent fraud, and for other reasons outlined in our Privacy Policy. Please see our Privacy Policy for a comprehensive view of how we treat your data.

6. CAPITAL ONE SHOPPING REWARDS

6.1 To receive Shopping Rewards, you must be logged into your Capital One Shopping Account, you must use the Services, you must comply with these Terms and all terms of the applicable Shopping Promotion, and your Capital One Shopping Account must be in good standing, which means the account status may not be terminated, suspended, under investigation, or otherwise in default, your Capital One Shopping Account profile must be up-to-date, you must have installed on your device the most up-to-date version of the applicable Service, and your email address and phone number (in addition to any other information we may request) must satisfy our verification methods as further outlined in Section 6.6.

6.2. When you respond to a Shopping Promotion by clicking to activate an offer and completing an Eligible Purchase in compliance with these Terms and the Merchant from which you make the purchase pays us a commission, unless you cancel or return the purchase, we will share a portion of the commission with you in the form of Purchase-Based Rewards. An “Eligible Purchase” is a purchase from a Merchant in response to a Shopping Promotion that complies with the terms, conditions, and restrictions specified in the relevant Shopping Promotion. We rely on information from the Merchant listed in the relevant Shopping Promotion to identify whether you have made an Eligible Purchase, and failure of a Merchant or affiliate network to report such information to us may delay or prevent you from receiving Purchase-Based Rewards. You will not receive Purchase-Based Rewards in connection with a Shopping Promotion if: (i) your purchase is not identified as an Eligible Purchase; (ii) you fail to comply with these Terms or any additional applicable terms; (iii) you cancel or return the purchase; or (iv) the Merchant, for any reason, fails to pay us a commission on the purchase that we can share with you. Purchase-Based Rewards are typically calculated without shipping costs, taxes, fees, and the cost of any excluded items, as we usually do not receive a commission on these components of your purchase. Purchase-Based 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 Shopping Browser Companion or Mobile App, that offers rewards, coupons, discounts, cash back, or other similar benefits, since in that case your purchases may be credited to that other application, and we may not receive a commission we can share with you in the form of Rewards. In addition, clearing your cookies or browsing history, engaging with other affiliate services or advertisements, or using an ad blocker (other than Adblock), VPN, private browsing mode, incognito mode, cashback or promotional site, or browser extension or other service will interfere with the ability to confirm your purchase and thus result in you failing to qualify for Purchase-Based Rewards.

6.3 Capital One Shopping may, from time to time, offer an Incentive Bonus for new users of certain Services and/or users who meet certain incentive-based conditions different from completing an Eligible Purchase with a particular Merchant. Incentive Bonus offers may include, but are not limited to, sign-up bonus offers, referral bonus offers, and single-use incentives tied to specific product features. Incentive Bonuses are subject to these Terms as well as any conditions of the specific Incentive Bonus offer (the latter, the “Incentive Bonus Conditions”). In some cases, Incentive Bonus Conditions may include making one or more Eligible Purchases. In addition, clearing your cookies or browsing history, engaging with other affiliate services or advertisements, or using an ad blocker (other than Adblock), VPN, private browsing mode, incognito mode, cashback or promotional site, or browser extension or other service will interfere with the ability to confirm your purchase and thus result in you failing to qualify for an Incentive Bonus. If you engage with multiple Incentive Bonus offers with overlapping requirements, we reserve the right to provide Shopping Rewards only in connection with the one that you most recently engaged with. To be eligible for an Incentive Bonus advertised through an online landing page, you must have navigated to that landing page from an advertisement for that specific Incentive Bonus offer.

6.4 Capital One Shopping may, from time to time, offer referral-based Shopping Rewards, which are a type of Incentive Bonus subject to these Terms as well as any conditions of the specific referral-based Shopping Rewards offer (the “Referral Conditions”), to users who refer new users (“Referrers”) and to referred new users (“Refer-ees”). By participating in the referral program, a Referrer tells any corresponding Refer-ees that the Referrer is a Capital One Shopping user. For a Referrer to be eligible for a referral-based Shopping Reward: (1) the Referrer must refer one qualifying new user to the Services (the Refer-ee is subject to verification by Capital One Shopping, including to verify that the Refer-ee has not previously had a Capital One Shopping Account); (2) the Refer-ee must use the Referrer’s custom referral link to install the Capital One Shopping desktop browser extension or Mobile App and mobile browser extension and enroll in an account with the Services; (3) the Referrer must not have exceeded any referral-based Shopping Reward payout maximum in the current referral period at the time of payout; and (4) the Referrer must satisfy any other Referral Conditions. For a Refer-ee to be eligible for a referral-based Shopping Reward: (1) the Refer-ee must be a qualifying new user to the Services (subject to verification by Capital One Shopping, including to verify that the Refer-ee has not previously had a Capital One Shopping Account); (2) the Refer-ee must use a Referrer’s custom referral link to install the Capital One Shopping desktop browser extension or Mobile App and mobile browser extension and enroll in an account with the Services; and (3) the Refer-ee must satisfy any other Referral Conditions.

6.5 Rewards typically post approximately 30 to 90 days after an Eligible Purchase or the completion of the conditions of an Incentive Bonus offer, but may take longer to post in certain circumstances. For travel-related Rewards, due to the nature of how travel commissions are confirmed and awarded to Capital One Shopping, Rewards typically post within 90 days after travel is completed (but, again, may take longer in certain circumstances).

6.6 In order for you to be eligible to redeem Shopping Rewards for e-gift cards, (1) your Capital One Shopping Account must be in good standing; (2) you must have accumulated a minimum balance of $5.00 worth of Shopping Rewards (or such lower minimum as we may establish); and (3) you must satisfy any verification or fraud prevention requirements used by Capital One Shopping, which may include, at our discretion, connecting an eligible consumer credit card or bank account to your Capital One Shopping account (which can be subsequently disconnected at any time), providing us with a working United States of America-based phone number that is not associated with any other Capital One Shopping Account, verifying ownership of your email address, and fulfilling any other verification or fraud prevention requirements that we may choose to impose. If you do connect an eligible consumer card or bank account for verification, we may also use the credit card or bank account data collected in our verification efforts and on an ongoing basis in order to conduct internal analysis to help improve our products and services. In addition to the foregoing requirements, if you have obtained a large enough number of Shopping Rewards from Incentive Bonuses, you must provide us with your Social Security Number or Individual Tax Identification Number so that we can fulfill our tax reporting obligations. If you have satisfied these requirements, you may redeem Shopping Rewards, provided, however, that Merchants or third-party gift card suppliers may have restrictions on the amount that can be redeemed in a single transaction. 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. E-gift cards are issued either by Merchants or by third-party gift card suppliers and are accessible through your Capital One Shopping Account. E-gift card redemption options may change over time at the discretion of Capital One Shopping, Merchants, and third-party gift card suppliers.

6.7 Shopping Rewards cannot be purchased, and unused Shopping Rewards associated with a valid Capital One Shopping Account do not expire. 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 or resold in any manner. You may not combine your Shopping Rewards with Shopping Rewards belonging to any other Capital One Shopping Account or user. Shopping Rewards cannot be divided as part of a settlement, legal proceeding, or death.

6.8 All Rewards are subject to review, and Capital One Shopping reserves the right to withhold, cancel, or subtract any pending or prior Rewards and/or terminate your Capital One Shopping Account if we, in our sole discretion, determine that your behavior was fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Terms of Service, which behavior includes (but is not limited to) attempting to make purchases without legitimate payment (as determined in Capital One Shopping’s or a Merchant’s discretion), engaging in a pattern of returning products or canceling services, engaging in activity that resembles reseller behavior, using multiple or duplicate accounts, using disposable email addresses or email relay services, accessing the Services through a VPN, using automation, scraping, or reverse engineering the Services, using the Services from non-authorized jurisdictions, and/or engaging in conduct that threatens or impairs our relationship with a Merchant. If your Capital One Shopping Account is terminated or canceled, any Shopping Rewards balance associated with your Capital One Shopping Account will be forfeited upon such termination or cancellation.

6.9 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, modifying offers (including Incentive Bonus offers), 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. Price, exchangeability, and availability of Shopping Rewards are determined by us in our sole discretion and are subject to change without notice.

6.10 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.

7. PRICING INFORMATION

7.1. Except where noted otherwise, the price displayed for a product or service made available for purchase via Capital One Shopping represents the estimated full retail price listed for the applicable product or service itself. Please note that pricing information displayed on the Services is subject to change, and that we have no control over pricing adjustments made by third parties, including Merchants. You are solely responsible for verifying the accuracy of information (including the current and correct price) before making purchasing decisions. In the event of a pricing error, Capital One Shopping expressly reserves the right to correct the error on the Services without notice.

7.2 When shopping for products while using Shopping, 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.

7.3 YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND PAYING THE APPROPRIATE GOVERNMENT TAXES, FEES, AND SERVICE CHARGES RESULTING FROM A TRANSACTION OCCURRING THROUGH SHOPPING. 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.

8. CHANGES TO OUR SERVICES AND TERMS

8.1 CAPITAL ONE SHOPPING RESERVES THE RIGHT TO CHANGE THESE TERMS OR THE PRIVACY POLICY AT ANY TIME. Notice of any material change will be given by the posting of a new version or a change notice on the Sites. If you do not agree to the changes or, if at any time you find any of the Terms or the Privacy Policy to be unacceptable, you must uninstall and discontinue all use of and access to the Services immediately, and refrain from using them thereafter. Use of the Services after the effective date of a modification constitutes your acceptance of any modified Terms or the Privacy Policy. It is your responsibility to review these Terms and the Privacy Policy periodically.

9. LICENSE, AVAILABILITY, AND RESTRICTIONS

9.1 The proprietary software associated with the Services (including any enhancements or modifications and any related documentation) (the “Software”) is copyrighted work and includes technology that is protected by trade secrets and patents. 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 Companions and/or Mobile App to and on devices controlled by you, and to use the Software solely to use the Browser Companions and/or Mobile App 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 Companions or Mobile App, 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 or services in connection with the Services 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.

9.2 The availability and functionality of the Services depend on various factors, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault free. Capital One Shopping makes no guarantees that the Services will always be error-free, or that they will function without disruption, delays, or imperfections, or that they will be accessible, or available at all times.

9.3 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.

9.4 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 Companions and Mobile App. 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 Companions or Mobile App, 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 and may lead to termination of your User Account. We reserve the right to withhold Shopping Rewards and/or other features of Shopping if you do not have the Shopping Browser Companion or Mobile App, as applicable, installed on your device.

9.5 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 (including but not limited to robots, spiders, scripts, and redirects) or manual process to utilize, monitor, store, copy, modify, distribute, or resell any content from or mimic purchases on 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; (ix) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent; or (x) otherwise attempt to interfere with the proper functioning of the Services.

9.6 You are prohibited from falsely stating or otherwise misrepresenting your identity or 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 or services or blocking advertisements 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 by, operated by, or affiliated with our competitors.

10. PRODUCT AND LOYALTY ACCOUNT INFORMATION

10.1 You understand and acknowledge that, through your use of the Browser Companions and Mobile App, you are authorizing and directing us to act on your behalf to collect, use, share, and store information from third-party websites and loyalty program providers for which you demonstrate interest during your activities on the Internet. This information includes, but is not limited to, pages visited, 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 Shopping Browser Companion and Mobile App to perform and improve certain portions of the Services. We may use this information to improve certain portions of the Services, including by sharing the price information and coupon codes with third parties, but Capital One Shopping will not specifically identify you to third parties when we share such information with them.

11. ADBLOCK SPECIFICS

11.1 The Adblock extension attempts to block advertisements, pop-ups, web banners, native placements, and other sponsored content on certain sites that you visit, other than as described below. By using our Services, you understand that (a) Adblock’s advertisement blocking performance may vary by website, (b) some websites may be able to detect the presence of Adblock and change the browsing experience accordingly, and (c) there may also be certain advertisements that Adblock is not able to remove and we can make no guarantee as to whether all ads will be blocked. Once you install the Adblock extension, you will have the ability to enable Adblock on/off on individual websites according to your preference.

11.2 We may choose to present advertisements through the Adblock extension or via email or other communication channels marketing other Capital One Shopping experiences, like the Shopping extension. Adblock will not block Capital One Shopping Promotions so that you can continue to receive Shopping Rewards for completing certain actions or activities. Adblock will not interfere with the operations of other extensions that you may have installed on your browser (including savings tools such as the Capital One Shopping extension). Other extensions that you may have installed on your browser may cause temporary displays to appear on the website you are visiting; you can manage those displays through those other extensions.

12. USER CONTENT In connection with registration for an Account for the Services or other use of the Services, users may be permitted to 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.

For any User Content that you upload to the Services, 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 User 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 name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Capital One Shopping in these Terms. Capital One Shopping may, in accordance with the Privacy Policy, retain in our systems and use non-personally identifiable data that is derived from your User Content. You represent and warrant that all User Content that you may post to the Services shall be your wholly original material (except for material that you are 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.

 

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.

13. MERCHANT CONTENT AND USE OF SERVICES BY MERCHANTS

13.1 Limited commercial use of the Services is permitted by authorized representatives of Merchants and business interests solely to: display their products or services to our users; verify information about relevant online offerings made available to our users via the Services; or provide feedback to Capital One Shopping about the Services. Merchant and business interest use of the Services is made available solely to facilitate the offer for sale of Merchant or business interest products or services to individual users of the Services. Merchants, business interests, and their representatives may not purchase products or services using the Services and are not eligible to receive or accumulate Shopping Rewards. If you use the Services on behalf of a Merchant or a business interest, then you represent and warrant that you: (a) are an authorized representative of that Merchant or business interest with the authority to bind that Merchant or business interest to these Terms and (b) are bound by these Terms on behalf of that Merchant or business interest.

13.2 If you are 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.

13.3 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.

13.4 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.

14. 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.

15. OWNERSHIP AND TRADEMARKS

15.1 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.

15.2 “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.

15.3 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.

16. 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.

17. ACCOUNT AND SERVICES TERMINATION

17.1 We may suspend or terminate your access to the Services or your Capital One Shopping Account (if applicable) 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.

17.2 If you have a Capital One Shopping Account that we choose to terminate, you must destroy or delete the Shopping Browser Extension and/or the Mobile App in your device or personal computer. You may terminate your use of: (a) Adblock at any time by deleting the Adblock Browser Companion from your device or personal computer; and (b) Shopping at any time by terminating your Capital One Shopping Account and deleting the Shopping Browser Extension and/or the Mobile App.

17.3 If you have a Capital One Shopping Account, you may terminate your Capital One Shopping Account by navigating to the settings page on capitaloneshopping.com or in the Mobile App, clicking the relevant account deletion button, and satisfying any subsequent prompts. If you choose to delete your Account with us, you are voluntarily forfeiting any Shopping Rewards that are still in your Account. To avoid losing any Rewards you have earned via Shopping, you must redeem them for e-gift cards before deleting your Account. 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 the email address listed in Section 30.

17.4 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

18.1 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 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.

18.2 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 AND MARKETING

19.1 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.

19.2 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.

19.3 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.

20. 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 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 OR SERVICES OFFERED THROUGH CERTAIN PORTIONS OF THE SERVICES WILL BE SOLD AT THE LOWEST PRICE COMPARED TO ALL OTHER OFFERS OF THE SAME PRODUCTS OR SERVICES 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.

21. LIMITATION OF LIABILITY

21.1 The Sites, Browser Companions, and/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.

21.2 We have no liability for hacking or loss of your Shopping Rewards or e-gift cards (including, by way of example, due to breach of your Capital One Shopping Account’s password security or due to your email account becoming compromised). 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. We have no obligation to, and will not, reimburse you for any Shopping Rewards or any products or services obtained via Shopping Rewards that are forfeited due to your violation of these Terms.

21.3 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 THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF CAPITAL ONE SHOPPING, AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. 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.

22. INDEMNITY AND ATTORNEYS’ FEES

22.1 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.

23. GOVERNING LAW AND FORUM FOR DISPUTES

23.1 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.

23.2 The laws of the Commonwealth of Virginia, excluding any conflict-of-law rules that would result in the application of the laws of another jurisdiction, govern these Terms (including Shopping Rewards) and your use of the Services. In any dispute between you and Capital One Shopping, that action will be subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia.

23.3 Section 31 will not apply to disputes between a Merchant and Capital One Shopping. IF YOU ARE A MERCHANT, YOU AND CAPITAL ONE SHOPPING AGREE THAT YOU AND CAPITAL ONE SHOPPING MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In 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.

24. ASSIGNMENT

24.1 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.

25. WAIVER AND SEVERABILITY OF TERMS

25.1 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.

26. ELECTRONIC COMMUNICATIONS

26.1 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.

26.2 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.

27. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

27.1 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.

27.2 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.

27.3 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]

27.4 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.

28. ENERGY-RELATED PRODUCTS AND SERVICES

In connection with certain energy-related products and services offered by Merchants, Capital One Shopping Holdings, LLC, d/b/a Capital One Shopping, is a registered electricity broker with the Public Utility Commission of Texas (PUCT). Our broker registration number is BR230315. We receive a fee from Merchants when users use the Services to enroll in or purchase the Merchants energy-related products and services. Any inquiries or complaints about our Services can be directed to us. You may also direct inquiries or complaints concerning energy-related products and services to the Public Utility Commission of Texas by mail: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326 | phone: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477 | by fax: (512) 936-7003 | TTY: (512) 936-7136 | Relay Texas (toll-free) 1-800-735-2989 | or by email: [email protected].

29. ENTIRE AGREEMENT

29.1 These Terms are the entire agreement between you and Capital One Shopping regarding your use of the Services, and these Terms supersede and replace any prior agreements between Capital One Shopping and you regarding use of the Services. These Terms may not be modified orally.

29.2 Capital One Shopping has no duties to you (including fiduciary duties) with respect to the Services except as expressly set forth in these Terms.

29.3 Other than Capital One Shopping, and its affiliates, no other person or company will be third party beneficiaries to the Terms.

29.4 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.

29.5 YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY TERMS OF USE, TERMS OF SERVICE, OR OTHER AGREEMENTS OR POLICIES THAT GOVERN YOUR USE OF ANY THIRD-PARTY SITE OR SERVICE OF A SELLER THAT YOU MAY VISIT WHILE USING THE SERVICES OR TO WHICH YOU MAY BE REFERRED BY THE SERVICES.

30. CUSTOMER SERVICE AND FEEDBACK

30.1 You may contact Customer Service by submitting a form at https://capitaloneshopping.com/get-help or by contacting [email protected] .

30.2 When Capital One Shopping Promotions make Rewards available to Capital One Shopping users, we strive to provide the relevant Rewards to Capital One Shopping Users who satisfy both the terms of those Capital One Shopping Promotions and these Terms. If you believe that you should have received Rewards that you did not receive, you must contact us using the above contact information so that we can evaluate. Once we have fully evaluated your situation–including, by way of illustration, by requesting relevant proof of purchase–our determination is final. We cannot guarantee that you will receive Rewards after contacting us, and if you have concerns about this or any other factor related to a purchase that may not be completely addressed by our review, you may prefer to return or cancel your purchase.

30.3 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.

31. ARBITRATION AGREEMENT

31.1 Agreement to Arbitrate. Unless you reject arbitration in the manner described below, in the event of a dispute between you and us arising out of or relating to your use of the services provided by Capital One Shopping (the “Services”) or any Capital One Shopping account you maintain or the relationships resulting from such use or account, regardless of when that dispute arose, including, for example, a dispute based on a federal or state statute or local ordinance (“Claim”), either you or we may choose to resolve the Claim by binding arbitration, as described below, instead of in court. Any Claim (except for a Claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver, the failure to comply with the Claim Notice procedure described below, or as otherwise provided in this arbitration agreement) must be resolved by binding arbitration if either party requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit.

31.2 CLASS ACTION WAIVER. EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S MASS ARBITRATION SUPPLEMENTARY RULES WHEN APPLICABLE, ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OF THE SERVICES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim, unless the applicable state law provides an unwaivable right to seek such relief. The arbitrator may not award class, representative, or public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular Claim or request for relief (e.g., public injunctive relief), then after all appeals from that decision have been exhausted, that Claim or request for relief (and only that Claim or request for relief) must be severed from the arbitration and may be brought in court (but only after the arbitrator issues an award on the arbitrable claims and remedies). Only a court, and not an arbitrator, shall determine the validity, scope, and effect of this Class Action Waiver section.

31.3 Your and Our Right to Go to Small Claims Court. Neither you nor we will choose to arbitrate any individual Claim you or we bring in small claims court (or an equivalent court). This means you or we may bring an action in small claims court (or an equivalent court) without being subject to arbitration. However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, you or we may then choose to arbitrate.

31.4 Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. No state law concerning arbitration applies to this arbitration agreement. Arbitration must proceed only with the American Arbitration Association (“AAA”). The arbitration will be conducted in accordance with the AAA’s Consumer Arbitration rules then in effect, including its Mass Arbitration Supplementary Rules when applicable, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the AAA’s procedures. If the AAA’s procedures change after the Claim is filed, the procedures in effect when the Claim was filed will apply.

For a copy of the AAA’s procedures, to file a Claim or for other information, please visit www.adr.org.

If the AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court with jurisdiction appoint a substitute.

31.5 Mass Arbitration Procedure. You and we agree that this section and the AAA’s Mass Arbitration Supplementary Rules will apply if your Claim is filed as part of a “mass arbitration,” meaning twenty-five (25) or more claims involving the same or similar subject matter and/or issues of law or fact, and where claimant representation is the same or coordinated.

If one is appointed by the AAA, the “Process Arbitrator” will resolve initial disputes in accordance with the AAA’s Mass Arbitration Supplementary Rules. Then, counsel for the claimants and our counsel will each select up to twenty-five (25) cases to proceed first in individual arbitration. Unless the parties otherwise agree, no “Merits Arbitrator” under the AAA’s Mass Arbitration Supplementary Rules may be assigned more than five (5) cases. Each side will have the right to a final hearing in their selected twenty-five (25) cases, which must occur within one hundred and twenty (120) days of case selection, unless the parties agree to a different time period.

After the first set of fifty (50) cases are resolved, counsel will meet and confer on ways to improve the efficiency of the proceedings, including settlement discussions, mediation, or changing the number of cases in each stage. If the remaining cases are not resolved after meeting in good faith, each side will select another twenty-five (25) cases to proceed in individual arbitration to a final hearing, which must occur within ninety (90) days of case selection, unless the parties agree to a different time period. Each of these fifty (50) cases will be assigned to a different Merits Arbitrator, unless the parties agree that a single Merits Arbitrator may be assigned up to five (5) cases. After the second set of fifty (50) cases are resolved, counsel will again meet and confer on improving the efficiency of the proceedings.

If the parties do not reach a global resolution after the second set of fifty (50) cases are resolved and conferring in good faith, you and we agree that a Process Arbitrator will be appointed (if one has not yet been appointed by the AAA). Upon either party's motion, the Process Arbitrator can expedite the proceedings by forgoing more rounds of case selection and assigning Merits Arbitrators to all of the remaining cases at once. If no motion is made, the Mass Arbitration Procedures outlined above shall continue with one hundred (100) cases in each round. You and we agree to engage in these Mass Arbitration Procedures in good faith if your case is selected. Any dispute regarding the Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator or, for cases that have been assigned already, the Merits Arbitrator.

The parties agree that any applicable statute of limitations is tolled while cases proceed through the Mass Arbitration Procedures described in this section.

31.6 Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay your share of the AAA’s or arbitrator’s costs and you have attempted, but been unable, to obtain a waiver of costs from the AAA, we will advance those costs if you ask us in writing and are acting in good faith. Any such request must be sent to Capital One, P.O. Box 30035, Salt Lake City, UT 84130-0035. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. The arbitrator may also allocate compensation, expenses, and administrative fees (which include filing and hearing fees) to any party upon the arbitrator’s determination that the party’s claim or counterclaim was filed for purposes of harassment or is patently frivolous.

31.7 Sanctionable Conduct. By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The Arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

31.8 Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live, unless the parties otherwise agree or the applicable state substantive law provides otherwise. A single arbitrator will be appointed. The arbitrator must:

• Follow all applicable substantive law;

• Follow applicable statutes of limitations;

• Honor valid claims of privilege; and

• Issue a written decision including the reasons for the award.

The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the AAA not later than 30 days after the original award issues. Appeal costs will be allocated consistent with the AAA’s Consumer Arbitration Rules and Due Process Protocol.

Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.

31.9 Claim Notice. If you or we have a Claim, before initiating an arbitration proceeding, you or we must give written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding. The statute of limitations for your Claim will be tolled for 30 days from Capital One’s receipt of your Claim Notice. Your Claim Notice must be personally signed by you, and must include your name and address and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Capital One Shopping Holdings, LLC, P.O. Box 269030, Plano, TX 75026-9030 (or such other address as we shall subsequently provide to you). We will send any Claim Notice to the most recent address we have on file for you. The Claim Notice is a condition precedent to the filing of any Claim in arbitration and a court can enjoin the filing or prosecution of an arbitration in breach of this section.

31.10 Other Beneficiaries of this Arbitration Agreement. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates, successors, subsidiaries, and our and their officers, directors and employees; any third party codefendant of a Claim subject to this arbitration agreement; and all users of your Capital One Shopping account.

31.11 Survival of this Arbitration Agreement. This arbitration agreement shall survive:

• cessation of your use of the Services;

• closing of your Capital One Shopping account;

• any legal proceedings to collect money you owe;

• any bankruptcy by you; and

• any sale, assignment, or transfer by us of your Capital One Shopping account.

31.12 Severability. If any part or provision of this arbitration agreement (except as identified in the Class Action Waiver above) is deemed unenforceable or invalid, that part or provision may be severed and the rest of the agreement enforced.

31.13 Changes to Your Arbitration Agreement. Any change to this arbitration agreement will be governed by this paragraph and not the Changes to Your Agreement section in the Terms of Service. We may add to, delete from, or change any term of this arbitration agreement. We will give you advance written notice of any change to this arbitration agreement. Our notice will tell you when and how the changes will take effect, and how you can reject them if you choose. If you did not timely reject arbitration for this Account, you may still reject any modifications to the arbitration agreement if you do so within 30 days’ of the effective date of the modification. If you later reject any modification to the arbitration agreement, you will be bound by the most recent version of the arbitration agreement to which you agreed.

31.14 Rejecting this Arbitration Agreement. You have the right to reject arbitration for the Services. You may reject the arbitration agreement but only if we receive notice of rejection from you within 30 days of the effective date of this arbitration agreement or within 30 days of the effective date of a modification to this arbitration agreement, whichever is later. You must click here to opt out of this arbitration agreement

Rejection of arbitration will not affect your other rights or responsibilities under the Terms of Service. If you reject arbitration, neither you nor we will be subject to this arbitration agreement for the Services. Your decision to reject arbitration (or elect not to do so), applies to use of the Services by you or any other person who uses your Capital One Shopping account. Rejection of arbitration for the Services will not constitute rejection of any prior or future arbitration agreement between you and us, but once you reject arbitration for the Services, your rejection will apply to any subsequent modifications.

Effective Date of Last Update: July 16, 2026