Rev. 12/5/2018

OVERVIEW

This document provides important information about the terms applicable to your MONEY account. Please be sure to read it carefully and retain it for future reference. When you see the words "you" and "your," they mean each person or entity who owns an account either individually, jointly, or on behalf of another person. The words "our," "us," "we," "Capital One," and "bank" mean Capital One, N.A. Our "Business Days" are Monday through Friday, excluding holidays and any other day we are not open.

Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms.

MONEY DISCLOSURE

Initial Deposit Requirement - There is no minimum deposit requirement. You can open the account with any amount you wish.

Minimum Balance to Obtain Annual Percentage Yield (APY) There is no minimum balance required to obtain the disclosed APY.

Rate Information - The Interest Rate on your account is % with an Annual Percentage Yield of . The interest rates and annual percentage yields are variable and may change at any time at our discretion.

Compounding and Crediting - Interest on your account will be compounded and credited on a monthly basis.

Effect of Closing an Account - You will receive the accrued interest if you close your account before interest is credited.

Balance Computation Method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.

Accrual of Interest on Deposits - For all types of non-cash deposits, interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited. For cash deposits, interest will begin to accrue the same day on which the funds were deposited. (Here's an example - if you make a deposit on a Sunday, we will process it on Monday, and interest will begin to accrue no later than Tuesday.)

Fees - The following fees may be charged to your account:

  • If, at your request, we expedite sending you a MONEY Card, we will charge you $25.00.
  • A statement copy charge of $5 per statement will be charged for statements generated within the last 2 years.
  • If you present us with a foreign check, we will not charge a fee, but the paying bank may deduct a fee from the proceeds.

Transaction Limitations* -

For the account owner who is less than 18 years old:

  • Total Card purchases (including cash back amounts) made using your PIN are limited to $500 per day.
  • Total Card purchases and cash advances where you don't use your PIN are limited to $500 per day. This does not include withdrawals from an ATM.
  • Withdrawals from an ATM made using a Card are limited to $500 per day. You can lower this limit by calling us at 1-888-464-0727.

For account owners who are at least 18 years old:

  • Total Card purchases (including cash back amounts) made using your PIN are limited to $5,000 per day.
  • Total Card purchases and cash advances where you don't use your PIN are limited to $5,000 per day. This does not include withdrawals from an ATM.
  • Withdrawals from an ATM made using a Card are limited to $1,000 per day. You can lower this limit by calling us at 1-888-464-0727.

* Effective 1/9/2019 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

For the account owner who is less than 18 years old:

  • Total card purchases and withdrawals are limited to $500 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a MONEY Card are limited to $500 per day. You can lower this limit by calling us at 1-888-464-0727.

For account owners who are at least 18 years old:

  • Total card purchases and withdrawals are limited to $5,000 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a MONEY are limited to $1,000 per day. You can lower this limit by calling us at 1-888-464-0727.

MONEY AGREEMENT

The Basics: MONEY is an electronic transactional account that pays a variable rate of interest and allows you to make withdrawals by using a debit card or by transferring funds to any other Capital One account you have (except existing Certificates of Deposit) or your Linked Account. You need to read this agreement and hold on to it in case you have any questions down the road. Please understand that by applying for or using MONEY, you're doing 2 things. First, you're agreeing to be bound by the terms of this agreement, in addition to any other agreements you have entered into with us. Second, you're asking us to automatically issue a MONEY Debit Card (the "Card") to the Young Adult. The Adult will not get a Card.

Eligible Customers: MONEY is available to United States citizens or lawful permanent residents with a U.S. physical address or with military addresses (APO or FPO). Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in certain Branches. MONEY must have two owners, the "Adult" who must be at least 18 years old and the "Young Adult". The “Adult” must be the parent or legal guardian of the “Young Adult”. We may restrict the Young Adult's access to some features of MONEY. The Adult on the account must have either (i) an existing, active deposit account with Capital One that's in good standing; or (ii) a personal (non-business) checking account at another U.S. chartered bank that can and will be linked to your MONEY (the "Linked Account").

You must also be a paperless Customer - that means that (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all communications (like end-of-year tax forms and electronic statements) that we need or decide to send you.

Account Opening: You can only open MONEY on our interactive website. If you already have an account with us when you open MONEY, your existing Linked Account(s) will also be linked to your MONEY. We reserve the right to verify that you are the owner of the Linked Account. Your MONEY account won’t be considered “opened” until it’s funded. This means your balance must be at least a penny.

Reporting information to consumer reporting agencies and check verifications systems: We may report information about your account to consumer reporting agencies and/or check verification systems for the Adult on the account. Defaults on your account may be reflected in your credit report. This could affect your ability to open accounts in the future. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.

Account Ownership: MONEY is a joint account owned by 2 people called "joint tenants" and all deposits made into the account are owned by both people. Except for certain retirement benefits like Social Security, if one person dies, the money in the account then belongs only to the survivor (and not to the estate of the deceased person). Any owner of MONEY may, as allowed in this agreement: 1) withdraw, transfer funds or close the account without the other owner's consent; 2) pledge the account to us as collateral for a debt owed to us; or 3) deposit checks payable to any joint owner.

If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the account and refuse to pay all items (including items authorized by the owner making the request), but we are not required to do so. If we restrict the account, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the account will affect items that we paid before the request. If we decide not to restrict the account, all joint owners remain responsible for items subtracted from the account.

  • “Payable on Death” (POD): You may designate an individual or joint account to be payable upon your death to a designated beneficiary or beneficiaries. Only an individual may be designated as a beneficiary. POD accounts are also known as “In Trust For” (ITF)”, “As Trustee For” (ATF), “Transfer on Death” (TOD) or “Totten Trust” account and are governed by applicable state laws and regulations. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements.

    During your life, the funds in the account belong to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary(ies) have no interest in the account and cannot perform transactions on the account. You may withdraw all or part of the account balance, close the account, remove or add POD beneficiaries or change the account type or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our right to charge the account for any amount a deceased owner, co-owner or POD beneficiary owes us; if any beneficiary is under the age of 18 years at the time he would be entitled to receive property under the terms of the previous provision, we will pay such person’s share to any person who is the statutory or court-appointed custodian for the benefit of such person.

We may also pay all or any part of the funds in the account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners.

Connecting Accounts: If you have more than one eligible Capital One account, we will automatically "connect" your eligible accounts so they appear when you're logged into your account through the website or mobile app.

We will display only summary information about your "connected" accounts. To get any other information or conduct any activity on these account types, you must access the specific account servicing area for that account. All connected bank accounts will be visible when you log into your account through the website or mobile app. Keep in mind that certain features, information, types of transactions or other services may not be available for all of your connected accounts. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.

Deposits: This account allows you to make deposits by check, Automated Clearing House (ACH) transfer, transfer from another eligible Capital One, N.A., deposit account, or domestic wire transfer.

Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed will be handled the following bank business day.

We may limit, refuse or return all or any part of a deposit without prior notice to you. Also, we reserve the right to return any deposit to you that causes the combined balance of all of your accounts with us (including any jointly owned accounts) to exceed $5,000,000. We may return checks or cash that we receive for deposit into your MONEY if we decide not to accept them. If a check or other deposit is returned to us unpaid or is otherwise charged back to us, we'll deduct the amount of the check/deposit from your MONEY. Once your account is officially "open," funds will be available according to our MONEY funds availability schedule. You can't withdraw deposited funds until the funds have cleared and are available for your use ("Available Balance").

Foreign checks are handled as collection items only and are converted at our current daily rate and credited in U.S. dollars. Foreign checks sent for collection are exchanged at the exchange rate on the day of payment. All returned foreign checks will be charged back to your account at the rate used when initially credited and may be subject to a return fee and foreign bank charge (if applicable). Any payment(s) made to you from such items shall be provisionally credited to your account until we receive final payment from the foreign bank. Please note that while the foreign check collection process typically takes anywhere from four to six weeks, we have no control over the process once a check is sent for foreign collection. Accordingly, the process may take longer, depending on the foreign bank. You hereby waive notice of dishonor, nonpayment, or protest with respect to any items credited to or charged against your account.

Withdrawals and Transfers: Generally, you can withdraw or transfer money from your MONEY by 1) using our website; 2); using the Card we give to the Young Adult to make withdrawals at ATMs and points of sale ("POS"); or 3) calling us. You can't use checks to make a withdrawal or transfer from MONEY.

External electronic fund transfers will take 2-3 bank business days to transfer. If you want more detailed information regarding electronic transfer times, see the Electronic Fund Transfer Disclosure Statement.

MONEY Debit Card: As you know, when you applied for MONEY, you automatically asked us to give the Young Adult a Card. That's great because the Card can be used to (i) withdraw money at automated teller machines ("ATMs") that are part of a network we participate in; (ii) deposit cash or checks at a Capital One ATM that accepts Capital One deposits, and (iii) make POS purchases (including "cash-back" transactions where a merchant gives you cash from your MONEY). You can't use your Card at an ATM to transfer money between your Capital One accounts or Linked Accounts. By using your Card, you authorize us and/or our agents to debit your MONEY. You're responsible for all transactions you authorize using the Card, including any losses, charges or penalties incurred as a result. Other than cross-border transactions, we don't charge you for using your Card. But, if you use your Card at an ATM, the owner of the ATM may charge you for using the ATM. If there is such a charge, you should be told how much it is before you complete the withdrawal. If you then decide to withdraw the money, the amount of the withdrawal, plus the charge, will be deducted from your MONEY. The Card is the property of Capital One and if your MONEY is closed or your Card privileges are cancelled, you agree to stop using the Card and destroy it.

Transactions made with your Card in foreign currencies and transactions that are classified by MasterCard® as "cross-border transactions" (generally, transactions that are processed outside the United States) are called "foreign transactions." If a foreign transaction is in a foreign currency, it will be posted to your account in U.S. Dollars. The exchange rate between the foreign currency and U.S. Dollars is a rate selected by MasterCard®. Basically, here's how MasterCard® calculates the exchange rate: they usually start with either a government-mandated currency rate or a wholesale rate as of the day your foreign transaction is processed (i.e., not the date you made your purchase and not the date your purchase is posted on your statement).

For Your Protection and our Protection: You authorize us to follow any instructions you give to us. We reserve the right to contact you to obtain confirmation of any instruction before processing it. However, we're not required to confirm any instruction that looks like it was made by you, and we won't be liable if we don't contact you. We're also not required to confirm the actual identity or authority of anyone who uses your Password or a personal identification number ("PIN") or any account access device we gave you (like the Card) (collectively, "E-Identification"). We reserve the right, at our sole discretion and without notice, to refuse to make a withdrawal or transfer for security, credit, legal/regulatory or other reasons, and to refuse to honor withdrawal or transfer requests that appear to be fraudulent or erroneous. We can limit, refuse or return any withdrawal or transfer of funds from your MONEY that is made in a way not permitted by us.

Statements: As required by law, we'll provide you with a statement at least 4 times a year. Your Statement will be made available to you based on your selected delivery method. Payments or transfers you make will be listed on your Statement. You agree to notify us promptly if you think there's an error or unauthorized transaction shown on your Statement.

Overdrafts: If your Available Balance isn't enough to cover any withdrawal or transfer you've authorized, you agree that we can refuse to process the withdrawal/transfer. If for some reason we allow your MONEY to be overdrawn, you must immediately make a deposit to cover the excess overdraft. If you don't promptly make a deposit to cover the overdraft, you agree that we can transfer funds from any other deposit account you have with us to cover the overdraft. If we sue you to collect any overdraft, you agree that we're entitled to collect all costs and expenses of suit from you (including the reasonable cost of an attorney), in accordance with applicable law. You agree that we aren't liable for any damages or expenses you incur due to any delay or failure of any Payee or third party in crediting or processing a withdrawal or transfer.

What Gets Processed When: At midnight of each bank business day, we'll first process electronic fund transfers scheduled for that bank business day. If there aren't enough funds in your MONEY to allow all of the scheduled transactions for a bank business day to be completed, we'll process your scheduled electronic fund transfers from highest dollar amount to lowest dollar amount. We'll attempt every scheduled payment until your Available Balance is insufficient to cover a transfer.

Your Responsibility: You're responsible for all transactions you authorize, including any transactions you unintentionally or inadvertently authorize, and any losses, charges or penalties incurred as a result. You must follow all of our instructions when you request and authorize any MONEY features. You must have sufficient available funds in your MONEY to cover any withdrawal or transfer you request. If you authorize someone else to use your MONEY or Card, you're responsible for everything that person does with your MONEY, including any losses, charges or penalties incurred as a result.

Our Responsibility: If we don't complete a payment or transfer on time, according to your properly transmitted instructions, we may be liable for your losses or damages. However, there are some exceptions. For instance, we won't be liable for losses and damages if:

  • you don't have enough available funds in your MONEY to complete a withdrawal or transfer, if your MONEY has been closed, frozen, or isn't in good standing, or if we reverse a payment or transfer because of insufficient funds;
  • you haven't properly followed our instructions;
  • any information you give us is incorrect;
  • withdrawals from any of your accounts have been prohibited by a Court Order or other legal process;
  • your computer, software, any Internet service provider, or our interactive website wasn't working properly and this problem should have been apparent to you when you tried to authorize a transfer or payment;
  • you, or anyone you allow to use your MONEY, commits fraud or violates any law or regulation; or
  • circumstances beyond our control prevent a withdrawal or transfer from being made.

This agreement and other agreements you may have with us contain other exceptions to the Bank's liability. You agree that we don't have any responsibility or liability for any act or omission beyond that which is imposed on us by law.

UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE MONEY FEATURES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR THIRD-PARTY PROVIDERS KNOW THAT SUCH DAMAGES MAY OCCUR. MONEY FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Collection of Items: If we elect to receive checks and other items for collection, we act as your collection agent and don't assume any responsibility beyond the exercise of due care. We won't be liable for any default or negligence by any other banks we use to collect the check or item or for any loss in transit.

Things You Tell Us To Do: We may refuse to follow any of your instructions that in our sole judgment are illegal or would expose us to potential liability. Alternatively, we may require adequate security or invoke other security measures to protect us from all losses and expenses incurred if we follow your instructions. You agree to reimburse us for any damages, losses, liabilities and expenses (including, but not limited to, the reasonable costs of an attorney) that we incur in connection with your MONEY if we take an action in accordance with your or what purports to be your oral, written or electronic instructions.

If Your Address Changes: You must notify us of any change of address by calling us, or using our secure website. Any notice we mail to you (or email to you if you've told us to communicate with you electronically) will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service ("USPS") or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.

Communication: You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you.

Money Master Account And Subaccounts: Our Reserve Money Manager account system allows us to manage our Federal Reserve Bank balance requirements efficiently. Each deposit account in the system consists of two sub-accounts: a demand deposit account ("DDA") sub-account which presently has a reserve requirement and a money market deposit account ("MMDA") which presently has no reserve requirement. Although there are two sub- accounts, your account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge and monthly statement purposes. The existence of the sub-accounts is for internal accounting and regulatory reporting purposes only and will not change the manner in which you use, obtain information about or earn interest on your account.

All checks, withdrawals and other debits will be paid from the DDA sub-account. We will automatically transfer balances from the MMDA sub-account to the DDA sub-account. No more than six transfers will occur in any monthly statement period. Should a sixth transfer be necessary, all funds in the MMDA sub-account will be moved to the DDA sub-account for the remainder of the month. These transfers will not appear on your monthly statement and will not be subject to any fees.

Monitoring And Closing Your Account: We reserve the right to monitor all MONEY activity for inappropriate use. Either you or we may close your MONEY at any time and for any reason. If we disable your MONEY with or without advance notice, all available funds will be transferred to either your 360 Savings, if you have one, or your Linked Account.

State laws (called "escheat" or unclaimed property laws) require us to close all your deposit accounts and transfer your money to the state if your accounts are dormant for a period of time, as defined by your state of residence. Your account can become dormant if, for 24 months, there is no transactional activity. Your account will remain dormant until funds are transferred to or from the dormant account. If all of your accounts become dormant, you may no longer receive paper statements, but you can still view your accounts online.

State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years, defined by your state of residence. All products are subject to abandoned property laws, including IRAs and CDs. If your funds are surrendered to the state, you may be able to reclaim them, but your claim may need to be presented to the state. We want you to keep your money, not the state! You can avoid the transfer of your money to the state simply by signing into your account, transacting periodically, contacting us, or replying to any abandoned property correspondence.

Lien And Set-Off: We have a continuing lien on, and under this agreement you grant us a consensual security interest in, all of your deposits as security for any and all debts or obligations you owe us as borrower or otherwise, whether due or to become due. We may at our option, at any time and without notice to you, use all or any part of the money from your MONEY ("set-off") to pay any debt you owe to us or to any of our affiliates of whatever kind and however arising. This right of set-off doesn't apply to your accounts to the extent restricted or prohibited by law or contract.

Change/Waiver of Terms: We may change this agreement, add new provisions and/or delete provisions at any time. Changes and new provisions will be binding upon you and your MONEY as of their effective date. If we do make a change, we'll let you know about it as required by law. We may change this agreement without notice to you when necessary to conform to federal or state law. We reserve the right to terminate, change, discontinue or add products, functionality, account types or features at any time and within our sole discretion. We have the right to waive any of our rights under this agreement with respect to any transaction without obligating ourselves to treat future transactions in the same way.

No Fiduciary Obligation: Capital One doesn't assume any fiduciary obligation on your behalf. This means that we don't act as your trustee or financial advisor, and we don't assume any responsibility for your MONEY beyond reasonable care.

Assignment: You can't pledge, assign, give as a gift, or otherwise transfer the ownership of all or any part of your MONEY to a third party without our prior written consent.

Governing Law and Regulations: Your MONEY is subject to both federal law and the laws of the state of Delaware, as well as any operating circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities (collectively, "Applicable Laws"). If there's a conflict between this agreement and Applicable Laws, the agreement will be changed to the extent necessary to comply with Applicable Laws. If any provision of this agreement is determined by a Court or administrative agency having proper jurisdiction to be invalid, unenforceable, or illegal, that determination will not affect the validity and enforceability of the remaining provisions of this agreement.

Levies, Attachments, And Other Court Processes: If we receive a levy, attachment, or other legal process against you or any party to your MONEY, we may refuse to permit withdrawals or transfers from your MONEY until the legal process is dismissed or satisfied. Any levy, attachment, or other legal process will be subject to our right of set-off and security interest. You're responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your MONEY.

Claims Against Your Account: If we receive a claim against the funds in your MONEY, or if we know of or believe that there's a dispute as to the ownership or control of funds in your MONEY, we may, in our discretion: (i) place a hold on your MONEY and refuse to pay out any funds until we're satisfied that the dispute is settled; (ii) close your MONEY and send the balance to the named account holder(s); (iii) require a Court Order to act; or (iv) take any other action we feel is necessary to protect us. We won't be liable to you for taking any such action.

Claim of Loss: If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss.

Death, Incapacity or Termination: If you die or are declared legally incompetent, we can continue to accept deposits and collect items deposited to your MONEY, as well as continue to accept transaction instructions for your MONEY until we know of your death or adjudication of incompetency and have a reasonable opportunity to act.

notices to You or Us: We shall deem any and all notices to us effective upon receipt by us. Any notice that we give to you will be effective when mailed or electronically transmitted to you at the mailing/email address reflected in our records. Even though we may have provided you account opening disclosures in a language other than English, we may continue to provide you with notices/communications in English. Notice to any one owner of an account constitutes notice to all owners of that account.

Captions: - The captions used in this agreement are for convenience only. They don't affect the meaning of anything in this agreement.

Jury Trial Waiver: All actions arising out of this agreement or concerning your checking account shall be heard by a judge sitting without a jury.

Events Beyond Our Control: We'll make all reasonable efforts to give you access to your accounts and current and complete account information. However, you agree that we won't be responsible for any interruption in service or loss caused by an event which is beyond our control, including, but not limited to, natural disasters, wars, riots, strikes, computer failure, terrorist act or loss of power, communication, or transportation facilities. We also won't be responsible for any losses or damages, including direct damages, resulting from your use of MONEY, unless such losses or damages are caused by our lack of good faith or failure to exercise ordinary care. In no event will we be responsible for indirect, special or consequential losses or damages of any kind.

DEPOSIT AVAILABILITY DISCLOSURE

Your Ability to Withdraw Funds

When a deposit is made to your account, the funds may not be available immediately. For example, if you deposit a check on Monday, you may not be able to withdraw the funds from that check, and we may not pay another check with those funds, until Tuesday or even later. Our general policy is to make funds from your check deposits available to you on the first business day after we receive the deposits. Cash and electronic direct deposits will be available on the day we receive the deposit. Longer delays may apply (as described below), and different rules apply for checks deposited from customers with accounts open fewer than 30 calendar days. Your account won't be considered "opened" until you have made a deposit to the account.

Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected, or otherwise uncollected by the Bank.

Determining Business Day & Deposit Cut-off Times

The length of the delay is counted in business days from the day of your deposit. A business day is any day of the week except Saturday, Sunday, and federal holidays. The business day ends at different times, depending on the channel used. The end of the business day is referred to as the "deposit cutoff time". If you make a deposit before our cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cutoff time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.

Here are our cutoff times:

When a deposit is made by... Those funds are available on...
Capital One ATM 9:00 PM Eastern Time
Capital One Branch* Branch closing
Mail 5:00 PM Eastern Time (when we receive it)
Online Banking and Phone Transfers No Cut-Off time for Internal Transfers
5:00 PM Eastern Time for External Transfers


*Available on July 18, 2015

Availability Timeline for Deposits to Established Accounts

(Customers with checking accounts open longer than 30 days)

When a deposit is made by... Those funds are available on...
• Electronic direct deposits;
• Cash deposits at a Capital One ATM;
• Cash deposits made to a teller
• Wire Transfers
The same business day
• U.S. Treasury Checks that are payable to you;
• Capital One Bank check (written by a Capital One customer);
• Other check deposits (for example, a check written to you by a customer of another bank)
The next business day
• State and local government checks that are payable to you
• Cashier's, certified and teller's checks that are payable to you
• U.S. Postal Service money orders that are payable to you
• Federal Reserve Bank checks and Federal Home Loan Bank checks that are payable to you
If deposited in person to a teller, the next business day

If you do not deposit in person (for example, you mail the deposit), the second business day after we receive the deposit


Longer Delays May Apply

In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, will be available on the first business day after the day of your deposit.

If we are not going to make all of the funds from your deposit available to you as described above, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the branch, we will send you the notice by the first business day after we receive your deposit.

If you need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

Funds from check deposits may be delayed for up to four business days if:

  • You deposit checks totaling more than $5,000 on any one day.

  • You redeposit a check that has been returned unpaid.

  • You have overdrawn your account repeatedly in the last six months.

  • There is an emergency, such as failure of computer or communications equipment.

Funds from check deposits may be delayed for up to five business days if:

  • We believe a check you deposit will not be paid

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available.

Special Rules for New Customers

If you are a new customer, the following timeline will apply during the first thirty (30) days your account is open.

When a deposit is made by... Those funds are available on...
• Electronic direct deposits
• Cash deposits at a Capital One ATM
• Cash deposits made to a teller
• Wire Transfers
The same business day
• U.S. Treasury Checks that are payable to you • The first $5,000 is available on the next business day
• Remainder over $5,000 is available on the 4th business day
• State and local government checks
• Cashier's, certified and teller's checks
• U.S. Postal Service money orders that are payable to you
• Federal Reserve Bank checks and Federal Home Loan Bank checks

  Checks must be payable to you
• The first $5,000 is available on the next business day if deposited with a teller, otherwise the second business day
• Remainder over $5,000 is available on the 4th business day
• Capital One Bank check (written by a Capital One customer)
• Other check deposits (for example, a check written to you by a customer of another bank)
The fourth business day


Holds on Other Funds (Check Cashing)

If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. If we do, we will hold those funds according to the deposit timelines above.

AVAILABILITY OF OTHER DEPOSITS

Automated Clearing House ("ACH") Transfers

Electronic fund ACH deposits that we originate on your behalf (including all future dated transfers) will generally be made available on the second business day after the date of your transfer. We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available.

Mobile Deposit

Checks deposited using our Mobile Deposit application are not subject to the funds availability requirements of Regulation CC. This will be true even if we follow our Availability Timelines provided above and provide you with Regulation CC disclosures or notices.

Checks deposited using this service will generally be available on the first business day after the deposited date, but we can place an extended hold on your deposited funds as described in our Availability Timelines. We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available.

ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT

The purpose of this disclosure statement is to inform you of your rights under the Electronic Fund Transfer Act. The electronic fund transfers (EFT) we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this disclosure statement carefully and keep it for future reference.

  1. ELECTRONIC FUND TRANSFER SERVICES. The EFT services that are available to you when you open certain accounts other than IRA Accounts with us are as follows:

    1. Cash withdrawals: You can use your ATM/debit card and PIN at ATMs to obtain cash withdrawals from your default account. Cash withdrawals may only be made from your default checking account at ATMs. Each time you use your ATM/debit card, we may place a hold on a corresponding amount of funds in your account until the transaction is posted against your account.

    2. Direct deposit of federal government payroll, disability, veteran's benefits, Social Security and such other federal government payments that you may receive and that may be deposited to your account, when available.

    3. Direct deposit of your paycheck to your account, provided that your employer offers direct deposit and you complete any forms required by your employer.

    4. Any other deposit to your account which is handled electronically, such as using a Capital One ATM, or as an automated clearing house transaction.

    5. Transfer funds between your eligible Capital One, N.A. accounts and between your external linked accounts and your Capital One accounts electronically or by calling our call center.

    6. Transfer funds from your Capital One accounts to make payments to your Capital One loan electronically or by calling our call center.

    7. Pay or otherwise transfer funds to a third party by instructing us, via the Internet or by calling our call center using your Password/PIN, to send funds to them electronically.

    8. Transfer funds or deposit cash or checks as instructed by your use of a debit card that may be issued to you.

    See your MONEY Agreement for a more complete description of some of these services.

  2. CHARGES FOR ELECTRONIC TRANSACTIONS. We do not charge for most of our electronic fund transfer services. We reserve the right to collect additional charges at a later time and will notify you as required by law if we do so. We don't charge you for using your MONEY Card but if you use it at an ATM, the owner of the ATM may charge you for using the ATM. If there is such a charge, you should be told how much it is before you complete the withdrawal.

  3. ACCOUNT TRANSFER LIMITATIONS*. You are not limited in the number of transfers that you may make into or out of your account(s). However, there are limits on the dollar amount of withdrawal transaction(s). For the account owner who is less than 18 years old: Total Card purchases (including cash back amounts) made using your PIN are limited to $500 per day and total Card purchases and cash advances where you don't use your PIN are limited to $500 per day. This does not include withdrawals from an ATM. Withdrawals from an ATM made using a Card are limited to $510 per day. You can lower this limit by calling us at 1-888-464-0727.

    For account owners who are at least 18 years old: Total Card purchases (including cash back amounts) made using your PIN are limited to $5,000 per day and total Card purchases and cash advances where you don't use your PIN are limited to $5,000 per day. This does not include withdrawals from an ATM. Withdrawals from an ATM made using a Card are limited to $1,000 per day. You can lower this limit by calling us at 1-888-464-0727.

* Please review the addendum at the end of this agreement for upcoming changes to transaction limits.

  1. RECORD OF TRANSACTIONS.

    1. Pre-authorized credits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person, entity or company, for example, your employer, you can call us at 1-888-464-0727 or access our website www.capitalone.com/bank through the Internet to find out whether or not the deposit has been made.

    2. Periodic Statements for all electronic fund transfers described in this Disclosure. We'll provide you with a Statement at least 4 times a year. Your Statement will be made available to you via www.capitalone.com/bank. Payments or transfers you make will be listed on your Statement. You agree to notify us promptly if you think there's an error or unauthorized transaction shown on your Statement.

    3. Receipts. You can get a receipt at the time you make any transfer from your account using an ATM or a point of sale terminal.

  2. HOW TO CONTACT US. If you believe your E-Identification is no longer secure or confidential, or that someone has conducted or may conduct an EFT without your permission, please contact us immediately by accessing our website (www.capitalone.com/bank) through the Internet or calling or writing us at: Capital One, PO Box 60, St. Cloud, Minnesota, 56302-0060, 1-888-464-0727.

  3. LIABILITY FOR UNAUTHORIZED TRANSFERS. CONTACT US IMMEDIATELY if you believe that an unauthorized transfer has occurred or may occur concerning your account(s) or that your E-Identification is no longer secure or confidential or may have been used without your permission. Telephoning us at 1-888-464-0727 is the best way of keeping your losses to a minimum. You may also notify us through our website www.capitalone.com/bank.

    You could lose all the money in your account if you take no action to notify us of the unauthorized transfer or the loss of security or confidentiality of your E-Identification. If you notify us of the loss, your liability for unauthorized transfers will be as follows:

    1. We have decided not to impose any liability on you even though the law says we could (up to $50) if someone used your E-Identification without your permission and you contact us within two (2) business days after you learn of the loss or unauthorized use.

    2. If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us you could lose as much as $500.00.

    3. If your statement shows transfers that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevented those losses.

    We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.

  4. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS. Telephone us at 1-888-464-0727, write to us at Capital One, PO Box 60, St. Cloud, Minnesota, 56302-0060, or send us an electronic communication through the Internet at our website (www.capitalone.com/bank) as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST Statement on which the problem or error appeared.

    You must provide us with the following information:

    1. Tell us your name and account number;

    2. Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and

    3. Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days to the above address. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days, or ninety (90) days for foreign-initiated or point of sale transactions, or new accounts to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we require your written confirmation and we do not receive your complaint or question in writing within ten (10) business days, we may not credit your account. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    If we decide that there is no error, we will send you a written explanation within three (3) business days after we finish our investigation. We may provide you with the results of our investigation electronically if you have agreed to receive electronic communications from us. You may ask for copies of the documents we use in our investigation. If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude that no error has occurred.

  5. PRE-AUTHORIZED PAYMENTS.

    1. Stop Payment Procedure. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. If you informed us, in advance, to make automatic recurring transfers out of your account, you can stop any of these transfers by calling us at 1-888-464-0727, writing us at Capital One, PO Box 60, St. Cloud, Minnesota, 56302-0060, or sending us an electronic communication through the Internet at our website (www.capitalone.com/bank). We must receive your stop payment request at least three (3) business days before the transfer is scheduled to be made. When you make the request, you must tell us your name and account number, the account to which the transfer is scheduled to be made, specify the exact amount of the transfer you want stopped, and the date the transfer is scheduled to be made. If you call us, we may require you to put your request in writing at the above address and to get it to us within fourteen (14) days after you call. If you do not, then your verbal request will expire after fourteen (14) days.

    2. Varying Amounts. If these regular payments vary in amount, the person you are paying must tell you ten (10) days before each payment when it will be made and how much it will be. If you do not know this information, you may be unable to have the payment stopped without closing your account. (If we are required to provide this notice, you may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

    3. Liability. If you ordered us to stop one of these transfers three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages, unless you failed to give us proper instructions that would enable us to stop the transfer. We will not be responsible if our computer system does not act on your order because you did not give us precise and correct information. Our liability for losses or damages may be limited to actual damages that you have sustained if the failure to stop payment was due to a bona fide error, despite our procedures to avoid such errors.

  6. BUSINESS DAYS. Our business days include every day other than Saturday, Sunday or one of the federal holidays or other days we are closed.

  7. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. We will disclose information to third parties about your account or the transfers you make:

    1. Where it is necessary to complete transactions;

    2. In order to verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau;

    3. In accordance with your written permission;

    4. In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports; and/or

    5. On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

  8. OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you in accordance with the terms and conditions of the MONEY Agreement, we will be liable for damages proximately caused by our failure unless:

    1. There are insufficient funds in your account to complete the transaction through no fault of ours;

    2. The funds in your account are not yet available for withdrawal;

    3. The funds in your account are subject to legal process;

    4. The failure is due to an equipment breakdown that you knew about before you began a transaction;

    5. The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions that we have taken;

    6. The transfer would exceed your established credit limit; or

    7. An electronic terminal has insufficient cash to complete the transaction.

    In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.

* Effective 1/9/2019 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

For the account owner who is less than 18 years old:

  • Total card purchases and withdrawals are limited to $500 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a MONEY Card are limited to $500 per day. You can lower this limit by calling us at 1-888-464-0727.

For account owners who are at least 18 years old:

  • Total card purchases and withdrawals are limited to $5,000 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a MONEY are limited to $1,000 per day. You can lower this limit by calling us at 1-888-464-0727.

PRIVACY POLICY

Rev. 07/2017
BR402832
RV600273
M-122663

FACTS

WHAT DOES CAPITAL ONE®
DO WITH YOUR PERSONAL INFORMATION?


Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.


What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Account balances and payment history
  • Account transactions and credit card or other debt

How?

All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Capital One chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information Does Capital One Share? Can you limit this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

YES

NO

For our marketing purposes – to offer our products and services to you

YES

NO

For joint marketing with other financial companies

YES

NO

For our affiliates' everyday business purposes – information about your transactions and experiences

YES

NO

For our affiliates' everyday business purposes – information about your creditworthiness

YES

YES

For our affiliates to market to you

YES

YES

For nonaffiliates to market to you

YES

YES

To limit our sharing

  • Call us toll free at 1-888-817-2970 and one of our representatives will update your privacy choices.

Please note: If you are new customer, we can begin sharing your information 30 days from the date we sent this notice. If you’re an existing customer and have opted out previously, you don’t need to update your privacy choices again. When you are no longer our customer, we continue to share your information as described in this notice.

However, you can contact us at any time to limit our sharing.


Questions?

Go to www.capitalone.com/contact

Who we are

Who is providing this notice?

Our affiliates include financial companies with the Capital One, Chevy Chase, Onyx, Paribus, and Greenpoint names, such as Capital One Bank (USA), National Association; and Capital One, National Association.

What we do

How does Capital One protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Capital One collect my personal information?

We collect your personal information, for example, when you

  • Open an account or deposit money
  • Pay your bills or apply for a loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • Sharing for affiliates' everyday business purposes – information about your creditworthiness
  • Affiliates from using your information to market to you
  • Sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Our affiliates include financial companies with the Capital One, Chevy Chase, Onyx, and Greenpoint names, such as Capital One Bank (USA), National Association; and Capital One, National Association.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Nonaffiliates we share with can include insurance companies, service providers, co-branded partners, retailers, data processors, and advertisers.

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Our joint marketing partners include companies such as other banks and insurance companies.
Other important information

CA and VT Residents: We will not share your information with companies outside of Capital One, except for our everyday business purposes, for marketing our products and services to you, or with your consent.

VT Residents only: We will not disclose credit information about you within or outside the Capital One family of companies except as required or permitted by law.

NV Residents: Notice provided pursuant to state law. To be placed on our internal Do Not Call List, call 1-888-817-2970. If you would like more information about telemarketing practices, you may contact us at Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285 or webinfo@capitalone.com. For more on this Nevada law, contact Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 1-702-486-3132; e-mail: BCPINFO@ag.state.nv.us.

Telephone Communications: All telephone communications with us or our authorized agents may be monitored or recorded.

© Capital One. Capital One is a federally registered service trademark. All rights reserved.

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