APPLE PAY WALLET AND PAY WITH REWARDS TERMS AND CONDITIONS
If you are a Discover customer (excluding “Discover by Capital One” accounts), the following DISCOVER APPLE PAY WALLET AND PAY WITH REWARDS TERMS AND CONDITIONS applies for any Discover credit card you add to the Apple Pay wallet, as defined below.
If you are a Discover by Capital One customer, and your card is eligible to be managed through the Capital One-branded mobile banking app or website, the following CAPITAL ONE MOBILE PAYMENTS TERMS & CONDITIONS applies for any Discover credit card or Discover debit card issued and serviced by Capital One Financial Corporation, Capital One, N.A. you add to a mobile payments platform, including the Apple Pay wallet, as defined below.
These Apple Pay Terms and Conditions ("Terms") apply when you add a Discover® credit card account ("Discover Card") to the Apple Pay wallet that will permit you to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using an electronic wallet (in lieu of you presenting your physical card) and/or (ii) in-app or other digital commerce payments at merchants participating in the electronic wallet ("Apple Pay"). They apply to you and anyone else you authorize to use your Apple Pay. If you do not agree to these Terms, do not access Apple Pay. DFS reserves the right to change these Terms at any time and without notice as permitted by law, and your continued use of Apple Pay constitutes agreement to all such changes. "DFS" means Discover Products Inc., and their affiliates.
Adding your Discover Card
You can add an eligible Discover Card to Apple Pay by following the instructions of Apple. If your Discover Card is not in good standing or your account is frozen, then your Discover Card will not be eligible to be added in Apple Pay and if already in Apple Pay, the card may be removed. When you add a Discover Card to Apple Pay, Apple Pay allows you to use your Discover Card to enter into transactions where Apple Pay is accepted. Apple Pay may not be accepted at all places where your Discover Card is accepted.
Terms that Apply
In addition to these Terms, you agree that when you use Apple Pay, you will remain subject to the terms and conditions of all your existing agreements with DFS, its affiliates, and/or any unaffiliated service providers, your mobile service carrier (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and Apple. These Terms do not amend or supersede any of those agreements, including but not limited to, your Cardmember Agreement with DFS. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Apple Pay (for example, your mobile service carrier may impose data usage or text message charges for your use of or interaction with Apple Pay), and you agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service carrier or Apple Pay provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or Apple Pay provider directly without involving DFS. DFS is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple Pay or any third party's products or services.
Device Eligibility
You are required to have an eligible Apple device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use Apple Pay. You acknowledge that use of an ineligible mobile device with Apple Pay is expressly prohibited, constitutes a breach of these Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Discover Card in Apple Pay. We are not liable to you for the effects (third party or otherwise) of such termination or suspension.
For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/
Notifications
You hereby consent to DFS and/or Apple sending you notifications through Apple Pay from time to time reflecting your Discover Card account activity and/or marketing messages. If you do not wish to receive notifications, you may turn off these notifications through the device settings on your mobile phone or by the procedures established by Apple.
Suspension/Removal of a Card
DFS reserves the right to discontinue offering or supporting Apple Pay for any reason. Unauthorized use of Apple Pay, including, but not limited to, unauthorized entry into DFS' systems, misuse of passwords or misuse of any other information, is strictly prohibited and will result in suspension and/or termination of your use of Apple Pay. You may not use Apple Pay in any manner that could damage, disable, overburden, or impair the service, DFS may block, restrict, suspend or terminate your use of Apple Pay at any time without notice and for any reason, including if you violate these Terms or any other agreements with DFS, except as otherwise required by applicable law. You agree that DFS will not be liable to you or any third party for any suspension, cancellation or termination of your use of Apple Pay. You should contact Apple on how to remove your Discover Card from Apple Pay.
Privacy and Security
When you enroll or use your Discover Card with Apple Pay, the personal information you provide, along with transaction information, will be shared with Apple and DFS. Merchants may also provide Apple with certain transaction data related to purchases made with a Discover Card. You agree that by using Apple Pay, you hereby consent to DFS sharing information (including information that may personally identify you) with Apple in order to facilitate Apple Pay transactions you have initiated and to make information available to you about your Discover Card transactions. You further agree that DFS may share non-personal information with Apple to improve Apple Pay service. This information helps DFS add your Discover Card to Apple Pay and to maintain Apple Pay. DFS does not control the privacy and security of your information that may be held by Apple and that is governed by the privacy policy given to you by Apple. Please review Apple’s privacy policy for how Apple will use and protect your information. For additional information on DFS' privacy practices which applies to the use of your Discover Card in Apple Pay, please visit https://www.discover.com/privacy-statement/ to review the applicable Consumer Privacy Notice and our Online Privacy Notice.
You are responsible for maintaining the confidentiality of your Apple Pay wallet, including device passcode.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on Apple Pay are provided on an "AS IS," and "AS AVAILABLE" basis. DFS does not warrant the information or services provided herein or your use of Apple Pay generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. DFS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via Apple Pay. DFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through Apple Pay for any particular purpose.
To the maximum extent permitted by law, you assume all risk that may result from your use of Apple Pay. Neither DFS, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Apple Pay, or resulting in any way from or in connection with:
- any errors, acts or omissions in the technical operation or content of Apple Pay;
- Apple Pay and any data or content therein, or any products or services made available through Apple Pay;
- any action taken in connection with an investigation by DFS, law enforcement or other authorities regarding your use of Apple Pay;
- any other cause relating to your access to, inability to access, or use of Apple Pay,
regardless of whether the circumstances giving rise to such cause may have been within the control of DFS or of any vendor providing software or services. In no event will DFS or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if DFS or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DFS cannot and does not guarantee continuous, uninterrupted or secure access to the services.
IF YOU ARE DISSATISFIED WITH APPLE PAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING APPLE PAY.
IN NO EVENT WILL DFS OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING APPLE PAY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DFS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF APPLE PAY;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR CREDENTIALS; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR CREDENTIALS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DFS'S DEFENSE OF ANY CLAIM. DFS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DFS.
This section will survive the expiration or termination of these Terms.
Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of Apple Pay must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between DFS and you with respect to Apple Pay and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO APPLE PAY AND PAY WITH REWARDS
If you use any of the following services for your Discover Card, the additional terms and conditions below apply to you in addition to the Terms above:
Pay with Rewards Terms and Conditions
Important Information About the Program
If you use any of the following services for your Discover Card, the terms and conditions below apply to you:
These Additional Terms and Conditions (“Pay with Rewards Terms”) give you detailed information about how Pay with Rewards using Apple Pay (“Pay with Rewards”) works. This information is provided to you, the Cardmember, from us, Discover®, a division of Capital One, N.A., (Discover), the issuer of your Discover Card.
Pay with Rewards Overview
Depending on your Discover Card, if added to Apple Pay you may be permitted to use your Discover Card Rewards (defined below) to make purchases through Apple Pay known as “Pay with Rewards”. These Pay with Rewards Terms are applicable to your use of your Discover Card. In addition, all Pay with Rewards redemptions are subject to the Rewards Terms and Conditions, the terms of your Discover Card® agreement and any applicable Apple Pay terms and conditions.
Enrollment
In order to redeem your Cashback Bonus® or Miles ("Rewards") for purchases using Pay with Rewards through Apple Pay, you must complete the Pay with Rewards enrollment process and agree to these Pay with Rewards Terms. Enrollment is currently limited to the Discover it®, Discover it Chrome, Discover it Miles, Discover it Student, Discover it Student Chrome, Discover More, and Discover it Secured Credit Cards ("Discover Card"). At this time, no other Discover Card is compatible with Pay with Rewards. You can only use Pay with Rewards on iPhones and iPads running iOS 18, iPadOS 18, or later versions of iOS and iPadOS.
Available Rewards Balance
Once enrolled in Pay with Rewards, your Discover Card Rewards balance will be linked to your Apple Pay wallet for the Discover Card(s) you selected during the Pay with Rewards enrollment process. If your Discover Card account is linked to an Apple Pay wallet that is not your own, or you allow others to access the Apple Pay wallet where you have enrolled your Card, your Rewards balance will be displayed and your Rewards will be available for their use. Purchases made using Pay with Rewards will be immediately deducted from your Discover Card Rewards balance. Your Rewards balance may not always be available and access to your Rewards using Pay with Rewards may be limited depending on changes in your account status.
Using Pay with Rewards
When using Pay with Rewards, your Discover Card must have an available credit amount equal to, or higher than, the amount of your credit card transaction. Your Discover Card also must have an available Rewards balance. When you use Pay with Rewards, the full dollar amount of the Apple Pay transaction will be charged to your Discover Credit Card as a standard purchase. A corresponding credit for the amount of Rewards used will be credited to your Discover Card account as a statement credit in a separate transaction within seventy-two (72) hours of the Rewards redemption transaction. Per your cardmember agreement, you may be charged interest on the purchases that are charged to your credit card. We begin to impose interest charges on purchases from the day we add it to the daily balance. You should review your cardmember agreement for further details about calculation of interest charges and paying interest. The statement credit applied to your credit card account only covers the redemption amount and does not cover any interest charges that accrue on the purchase. Pay with Rewards statement credits may post to your account in a different billing period than the credit card transaction charged to your account. If the transaction on your Discover Card is not approved, then the Pay with Rewards redemption will not occur and your Discover Card Rewards balance will not be debited. You must use an eligible Discover Card to use Pay with Rewards (see Enrollment Section above). You will only be able to use Pay with Rewards for transactions made in US Dollars. You remain responsible for paying the balance on your Discover Card, including finance charges, minimum payment amounts and other charges regardless of using Pay with Rewards to make purchases. Your Discover Card Rewards balance will be reduced to reflect the amount of Rewards used towards your purchase once completed.
The preauthorization amount submitted by merchants may be different from the amount charged to your card and posted to your account. The preauthorization amount submitted by merchants also may be different than the cost of the actual goods or services. DFS does not determine the preauthorization amount submitted by merchants. Both the amount of Rewards redeemed from your account by DFS and the corresponding statement credit will match the amount you requested to redeem from your account. However, if, at the time of redemption processing, your available Rewards balance is less than the amount you requested to redeem, DFS will process the Rewards redemption using your available Rewards balance. The Rewards redeemed from your account and the statement credit will never exceed the amount of Rewards you requested to redeem. Redemptions expire if merchants do not authorize on your card within 24 hours of checkout. Discover does not control when merchants choose to authorize. Redemptions may fail for reasons including account status, available Rewards, device connectivity, or whether your Apple Pay purchase was approved.
Disabling Pay with Rewards
You may disable Pay with Rewards from the Manage Third-Party Access dashboard on Discover.com. When you disable Pay with Rewards, DFS will stop sharing your Rewards data, rewards balance and rewards redemption activity with Apple. You will no longer be able to use Pay with Rewards once you disable it. Disabling Pay with Rewards applies to all Apple devices where your Discover Card is provisioned. You will continue to be able to use Apple Pay with your Card for standard purchases. You can re-enable Pay with Rewards with Apple Pay in the future by going to the Manage Third-Party Access dashboard on Discover.com. When you re-enable Pay with Rewards, these Pay with Rewards terms and conditions will continue to apply.
Pay with Rewards Limitations
Pay with Rewards can be used for eCommerce purchases but are not redeemable over the phone. "eCommerce' is defined as virtual payment transactions where checkout is completed outside of a physical point of sale or brick-and-mortar location. Pay with Rewards may be available at some physical point of sale brick-and-mortar locations under certain circumstances when using an iPhone or iPad running a software version that permits such usage. Data available in Pay with Rewards may be delayed due to a variety of factors, including internet service. You can only redeem Rewards through Pay with Rewards one time per transaction. Pay with Rewards will not be available for recurring billing subscriptions, including, but not limited to, monthly subscriptions or auto-reloading of gift card balances. In addition, we may prevent you from redeeming your Rewards based on your account status. DFS and Apple reserve the right to restrict your use of Pay with Rewards or to unenroll your Rewards account from your Apple Pay wallet account at any time in our sole discretion, including when we suspect misuse or fraud.
Additional Limits on Pay with Rewards
We may decline to complete or delay a redemption: (i) if we believe it may involve or result in a violation of applicable law or expose us to liability or risk of loss; (ii) if the redemption instructions or authorization are unclear, ambiguous, or incomplete; (iii) if we identify a fraud or security risk involving an individual redemption or the Pay with Rewards service; or (iv) as otherwise stated in the Terms or these Pay with Rewards Terms. We are not responsible for any losses or damages that may result from our delay or cancellation of a redemption or for any failure to notify you of such delay or cancellation, except as otherwise expressly provided in the Terms or Pay with Rewards Terms. You agree not to use Pay with Rewards in connection with unlawful domestic or international gambling websites or payment processors that support unlawful gambling websites or to purchase illegal goods or services.
Refunds, Returns and Other Similar Actions
Redemptions of your Discover Card Rewards using Pay with Rewards are final, non-refundable and non-reversible. All Rewards redemption transactions are subject to the merchant’s standard refund, return and similar policies. However, statement credits are final. If you return or are issued a refund for a purchase using Pay with Rewards, the corresponding statement credit for that purchase will remain on your account in addition to any return credit provided by the respective merchant. It is also important to note that if you redeem Rewards using Pay with Rewards and such transaction is approved but the transaction is later cancelled or a refund issued prior to the corresponding statement credit posting, such statement credit will still post to your Discover Card account consistent with the Terms and Pay with Rewards Terms. Once a Pay with Rewards redemption transaction is commenced, the corresponding statement credit will post to your Discover Card account.
Privacy and Security
To enable you to use Pay with Rewards to purchase eligible items, Apple may share information that you have provided to Apple with DFS and vice versa. This information sharing allows DFS to provide Apple with information about your Rewards account, including your Rewards balance and redemption activity, to facilitate Pay with Rewards transactions and for Apple to display your available Rewards. Apple may also share information that you have provided to Apple with DFS so that DFS can perform its functions with respect to the Pay with Rewards program.
Miscellaneous
Apple terms and conditions apply. Apple Pay Wallet terms and conditions apply. Additional DFS Rewards Program Terms and Conditions apply. Please see your Rewards Program Terms and Conditions for full details. The Terms, Pay with Rewards Terms and all other applicable terms and conditions are subject to change at any time, without notice. We reserve the right to stop providing Pay with Rewards at any time.
Additional DFS Pay with Rewards information is available. If you have additional questions about paying with Cashback Bonus, visit www.discover.com/PaywithCBBTerms. If you have additional questions about paying with Miles, visit www.discover.com/credit-cards/card-smarts/discover-it-miles-travel-rewards-credit-card/. If you have questions regarding your Rewards or your Discover Card account, please contact Discover at 1-800-Discover (1-800-347-2683).
Except as otherwise expressly provided herein, and without limiting any other provisions of these Pay with Rewards Terms, Terms or other applicable terms and conditions, we will not be liable if we fail to send, or delay the transmission of, funds to a designated business through Pay with Rewards if: (i) you have insufficient funds available to complete the redemption with your Discover Card; (ii) we believe the redemption may violate applicable law or these Pay with Rewards Terms, Terms or other applicable terms and conditions; (iii) we identify a security risk involving the redemption or Pay with Rewards service; (iv) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the redemption, despite reasonable precautions that we have taken; or (v) your Discover Card or your eligible device that you have provisioned your Discover Card using Apple Pay has been reported as lost or stolen or if we have reason to believe that your Discover Card or account has been compromised or that the redemption is not authorized by you. We cannot guarantee the timely delivery of funds as a result of a failure of another financial institution or payment intermediary to act in a timely manner.
These Terms and Pay with Rewards Terms were last updated July 9, 2025.
CAPITAL ONE MOBILE PAYMENTS TERMS AND CONDITIONS
Last modified 05/07/2024
This Agreement governs your use of any Capital One credit card or debit card ("Card") for mobile payments on the mobile payments platform (the “Service”). We refer to Capital One and its affiliates and related entities as “we,” “us” or “our.” This includes Capital One Financial Corporation, Capital One, N.A. and each of their successors, assigns, agents, and representatives. Capital One’s offices are located at 1680 Capital One Drive, McLean, Virginia.
Before using the Service, please read this Agreement. You accept this Agreement by using the Service. If you don’t accept these terms, you may not use the Service.
This Agreement is in addition to other agreements that may apply to you, including your Capital One credit card, checking, savings, and/or auto loan account(s) (“Account” or “Accounts”) agreements and including our Online Banking Terms and Conditions and Auto Finance Online Terms and Conditions. If there is a conflict between this Agreement and other policies or terms, solely as they apply to the Service this Agreement governs. The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law. Please also visit www.capitalone.com/privacy for information about how Capital One collects, uses, and discloses personal information in connection with the Service.
1. Consent
By enabling your Card for the Service, you authorize Capital One to share your information with certain third parties ("Service Providers") to enable your Card to operate on the Service, and to improve the Service Provider’s products and services. Capital One’s Service Providers are contractually obligated to keep this information confidential. You should also read the Terms & Conditions for the mobile payments platform, which describe your relationship with them and how they manage your information.
2. Security & Confidentiality of Access Information
You agree to keep your username, password, personal identification number, and any other security or access information for the Service (collectively, "Access Information") confidential. You should protect your mobile device as you would a credit or debit card and password-protect your mobile device using a unique, secret password. If you believe that anyone has gained unauthorized access to your account via your mobile device or otherwise, you agree to advise us in accordance with the terms you agreed to when you opened your account or as otherwise provided for in our Online Banking Terms and Conditions.
3. Limitations, Termination & Cancellation
If at any time you wish to discontinue use of the Service, you may delete or remove your Card from the Service.
Your use of the Service may be subject to general practices and limits, such as limits on the dollar amount or number of transactions during any specified time period. We also reserve the right to impose limits on certain Service features, restrict access to some or all of the Service, decline to process a transaction made using the Service, or remove your cards from the Service, without prior notice to you.
4. Changes or Amendments. We may change, suspend, or discontinue the Service, or any of their features, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting revised terms on our website at https://www.capitalone.com/digital/mobile-payments-user-terms/. Unless otherwise indicated, when you use the Service after the effective date of the revised terms, you accept the terms.
5. Termination. Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such a case, we may immediately stop your access to the Service.
6. Notices. We may provide you with notices related to the Service by email, text message/SMS (standard message and data rates may apply), regular mail, or postings on the websites or apps related to the Service. Your use of the Service is subject to the consent you provided to the Electronic Communications Disclosure (“eCommunications Disclosure”). This allows us to provide you with certain communications and other records electronically.
7. Tech Support. Capital One may not be able to provide support for the Service. If Capital One provides support, it will be in addition to other support for your Card. You agree to any support rules, policies, and determinations.
8. Feedback. You agree that any suggestions, comments, and feedback you submit to Capital One (“Feedback”) shall be the property of Capital One. Capital One is free to use any Feedback without any restriction of any kind. This includes without limitation the right to reproduce, display, transform, distribute and create derivative works. Capital One can also use any ideas, concepts, know-how or techniques in such Feedback for any purpose.
9. Disclaimer of Warranty. CAPITAL ONE PROVIDES ACCESS TO THESE SERVICES “AS IS.” CAPITAL ONE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. CAPITAL ONE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation on Liability & Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR SIGNING UP FOR AND/OR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SERVICE, REGARDLESS OF WHETHER THEY’RE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THE SERVICE MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORK PROPERLY. CAPITAL ONE IS NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SERVICE. SHOULD THE SERVICE BE DEFECTIVE IN ANY WAY, WE ASSUME NO LIABILITY FOR SERVICING, REPAIR, OR CORRECTION. CAPITAL ONE HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN CONNECTION WITH THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).
11. Indemnification. You agree that you are personally responsible for your conduct while using the Service. You agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the Service. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
12. Governing Law; Jurisdiction; Venue. Virginia law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.
13. SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
Capital One
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
14. Capital One’s Intellectual Property. Capital One owns the intellectual property rights related to or used in connection with our the Service. This includes patents, trade secrets, copyrights, and trademarks. All other intellectual property rights are the property of their respective owners. Nothing in this Agreement gives you any rights with respect to any intellectual property rights owned by Capital One or others. All other trademarks and graphics are the property of their respective owners.
15. Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
16. Non-Waiver. We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.