Welcome to Capital One Bank. This Account Agreement (herein after referred to as "Agreement"), as may be amended from time to time, constitutes the deposit contract which governs all consumer money market and savings accounts with Capital One Bank. Specifically incorporated by reference into this Agreement, as applicable, are the following, also as may be amended from time to time: Rate Sheet, Deposit Receipt, Privacy Notice, Schedule of Fees and Charges, Online Banking Terms and Conditions Agreement, Online Banking External Funds Transfer Agreement, and any other agreement pertaining to services for which you have contracted in connection with your money market or savings account. By opening or continuing to maintain an account with us, you agree to be bound by the applicable provisions of this Agreement, and all applicable agreements, disclosures, and other documents, as well as by all applicable federal or state laws, statutes and regulations. Please read and keep a copy of this Agreement for your records. If you ever add a new service to this account, your use of that service counts as your acceptance of the rules and regulations in effect at the time. The words "Capital One Bank", "our," "we," or "us" means Capital One Bank (USA), N.A., or Capital One, N.A., as applicable. The words each "you" or "your" refer to each owner of the account.
The Privacy and Opt-Out Notice, Online Banking Terms and Conditions Agreement, Online Banking External Funds Transfer Agreement and Rate Sheet are available on our website, www.capitalone.com ("Website").
Laws governing this agreement. This agreement, as well as the operation of your account, is governed by federal laws and regulations and, to the extent applicable, the laws of the Commonwealth of Virginia. If any part of this agreement is determined by any court to be invalid or unenforceable, the rest of the agreement will still remain in full force and effect.
Furthermore, we may accept, on your behalf, payments to your account that are not subject to the Electronic Funds Transfer Act (Regulation E). Your rights and obligations with respect to such transfers will be governed and construed in accordance with Regulation J, Subpart B - Funds Transfers through Fedwire, and the applicable Federal Reserve Bank Operating Circular. Electronic transfers sent or received through an automated clearing house are subject to the rules of the National Automated Clearing House Association (NACHA). Where none of the above stated rules apply, the transactions covered by this agreement shall be governed by the laws of the Commonwealth of Virginia, including Article 4A of the Virginia Uniform Commercial Code.
Customer eligibility. Accounts are available to U.S. citizens and permanent residents of the 50 United States and the District of Columbia. We require a permanent, physical U.S. address to open and maintain the account.
Important information about procedures for opening a new account. To help the government fight the funding of terrorism and money laundering activities, federal law requires that all financial institutions obtain, verify and record information that identifies each person who opens an account. When you open an account, we will ask for your name, street address (a post office box may not be used), date of birth, and other information that will allow us to identify you. A Tax Identification Number is also required to open the account. We may also require additional proof of identity, such as a driver's license.
Your credit report. For your protection, you agree that we may order a consumer credit report on you from a credit reporting agency. Upon your request, we will inform you of whether or not a credit report was requested and, if so, the name and address of each agency that provided this report.
Confidentiality. You will receive a copy of the Capital One Privacy and Opt-Out Notice with this agreement (or you may access it online at www.capitalone.com). Please consult the Privacy Notice for information about our commitment to you and your privacy rights.
Kinds of accounts you can open (options may vary based on product).
For any account to be valid, we require that the actual owner (beneficial or otherwise) of the account be listed on the account. In addition, the Tax Identification Number of the actual owner must be listed on the account. You must sign and return the completed acceptance form for your account or your account may be subject to backup withholding.
Joint accounts and right of survivorship. When you open a joint account, you have the option of setting it up with right of survivorship or without right of survivorship. This will determine what happens to the account if an account owner dies.
Address changes or updates. You are responsible for notifying us of any change in your address. Unless we agree otherwise, changes of address must be made in writing by at least one of the account holders. Informing us of your address on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us.
We may change your postal address of record if we receive an address change notice from the U.S. Postal Service or if we receive information from another party in the business of providing correct address information that the address in our records no longer corresponds to your address.
Communications. We may contact you regarding your accounts in the manner we choose unless the law says that we cannot. These contacts are not unsolicited and might result from information we obtain from others. When we obtain your mobile telephone number, we may contact you at this number using automatic dialing equipment and leave prerecorded and other messages. We may also monitor or record any conversation with you.
Initial deposit for funding an account (options may vary based on product). A Capital One Bank account will be opened in your name when we receive your application. You can fund your account by depositing a check, by sending a wire transfer, by authorizing us to transfer funds electronically from an external account (a transaction account at an external financial institution) through an automated clearing house (ACH) entry or by internal transfer from another Capital One Bank account.
Wire Transfers. All wire transfer requests must be transmitted to us in accordance with procedures we specify. By requesting a wire transfer, you agree to the following: We may execute wire transfers through the funds transfer system owned and operated by the Federal Reserve Banks ("Fedwire") or other funds transfer system. If your funds transfer is processed using Fedwire, your rights and obligations are governed by Regulation J of the Federal Reserve Board. You agree that we are not required to provide you with a separate notice of incoming or outgoing wire transfers. We notify you by listing the wire transfer on your account statement. You can verify whether a wire transfer has been processed to your account by calling us at 1-888-810-4013.
Information about the Interest you earn on this account. Your interest rate and annual percentage yield may change. At our discretion, we may change the interest rate on your account daily. Interest will be compounded on a daily basis, and will be credited on a monthly basis. Interest begins to accrue on the day we receive electronic funds and one business day after we receive all other non-cash deposits, including checks and cashier’s checks.
The daily balance method is used to calculate interest. This method applies daily periodic rates to the collected balance in the account each day. Fractional interest rounds up for a half cent or more and rounds down (and does not accrue) if less than a half cent.
Deposits and collections. Unless otherwise provided by the terms and conditions contained in your Rate Sheet, additional deposits may be made at any time by electronic funds transfer or mailed to our lock box. You may not make cash deposits. We reserve the right to return any deposit that causes your personal money market or savings account balance to exceed $1,000,000.00, or to exceed $1,000,000.00 in balances across your business accounts. There is no limit on the number of deposits that may be made to an account.
When you deposit a check into your account, we will act as your agent in collecting payment for it. Since there is a time delay before the check funds are collected from another bank, a hold may be placed on these funds until they're collected. If the check funds cannot be collected (if the item is returned uncollected) and your account has already been credited with these funds, the amount of the check may be deducted from your account or the unpaid check amount will be collected from any other accounts at Capital One Bank (USA), N.A., and Capital One, N.A., for which you are named as owner or co-owner, even if it causes that account to be overdrawn.
If this collection process does cause your account to be overdrawn, you agree to reimburse us promptly and upon demand for any shortfall.
We (and any of our correspondents) may collect deposited items by sending them to be cleared through any correspondent bank, Federal Reserve Bank, clearing house association or directly to the bank on which they are drawn. The rules of such bank or association will be followed and reasonable care will be taken in collecting the items you deposit. Any items forwarded shall be at your own risk.
We may return or refuse to accept all or any part of a deposit or credit at any time and will not be liable to you for doing so, even if this action causes outstanding checks from this account to be dishonored and returned. If you cause or allow any markings on a check or other item that obscures the required bank name or endorsements, you will be held responsible for the full amount of any liability or damage this causes to us.
You agree that we may deduct the amount of any money that you owe us or come to owe us under this agreement from your account or any other accounts at Capital One Bank (USA), N.A., and Capital One, N.A., for which you are named as owner or co-owner.
Reporting information to credit bureaus and check verification systems. We may report information about your account to credit bureaus and/or check verification systems. Defaults on your account may be reflected in your credit report. 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.
Check endorsement instructions or restrictions. Because of our automated processing of large volumes of checks, we may not inspect or look for special instructions or "restrictive endorsements" on every check. For this reason, we are not able to honor any special instructions or be bound by a restrictive endorsement placed on checks. Further, we are not responsible for any losses, claims, damages or expenses that result from your expectation that we will honor these restrictions.
Electronic check conversion. If your account offers check-writing capability, you may authorize a merchant or other payee to make a one-time electronic payment from your account using information from your check to:
When you provide a check as a deposit, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the deposit as a check transaction.
Additional information about electronic check conversion. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your deposit, and you may not receive your check back from us.
The availability of your funds. During the first 30 days following initial account funding, funds deposited into your account will be held for ten business days (available to you on the eleventh business day) after the day we receive and process the deposit. For accounts opened and funded older than 30 days, funds deposited into your account will be held for five business days (available to you on the sixth business day) after the day we receive and process the deposit. If you change the external account linked to this account, funds deposited into your account will be held for five business days (available to you on the sixth business day) after the day we receive and process the deposit. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays and federal banking holidays.
Once your funds are available, you can make withdrawals subject to the withdrawal limitations set forth below. Please remember that even after we have made funds available to you, and even if you have withdrawn the funds, you are still responsible for deposits that are returned to us due to insufficient funds and for any other problems involving your account.
Account closure or restrictions. We may close your account at our sole discretion at any time for any reason. In addition, if at any time we have reason to believe that any information provided by you to us is inaccurate or that your transactions with us may cause us loss or liability or are illegal, we reserve the right to restrict the funds in your account, subject to our conducting a reasonable investigation. We will notify you by mail if we take such an action and send you a check for the collected balance in your account, less any amounts due to us or for checks in process. We will not be liable to you for restricting funds in your account even if doing so causes withdrawals you have attempted from this account to be dishonored and returned and we are not liable for any damages or liabilities resulting from the termination of an account relationship.
Payment processing restrictions on internet gambling fund transfers. The Federal Reserve enacted regulations that require U.S. financial firms that participate in designated payment systems to establish and implement policies and procedures reasonably designed to prevent payments connected to unlawful Internet Gambling. In light of the regulations, please be informed that restricted transactions (as defined in Federal Reserve Regulation GG / 12 CFR Part 233) are prohibited from being processed directly or indirectly through any account or relationship maintained with us. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Limitations on withdrawals, transfers and closing your own account. We may require you to provide us with at least seven days advance notice before any funds may be withdrawn from your account or before you may close your account. Your account may have a limit on the number of withdrawals you may make during a period. Additionally, you may not make more than a maximum of six withdrawals from your account in any calendar month. If you make any withdrawals that exceed these limits, you will receive a notice each time. If transaction limitations are exceeded, we reserve the right to close your account, transfer the balance to a transaction account, or cancel the account's transfer and draft capability.
Rates and Annual Percentage Yield (APY). Capital One Bank determines the interest rate and APY offered to the public on its money market and savings accounts, and may modify the rate at any time without notice.
Fees and Charges. Maintenance and activity fees do not currently apply to your account, but we may charge maintenance and activity fees at any time and we will notify you in advance as required by law.
To the extent applicable, charges for this account include:
|Outbound wire transfer||$20.00|
|Expedited mail service
(not including ATM cards)
For accounts that offer ATM cards and/or checks, the following charges also apply:
|Stop payment requests||$25.00|
|Returned check (NSF)||$25.00|
|Overdraft created by check||$25.00|
|Deposited check return||$25.00|
|ATM expedited mail service||$25.00|
When charges do apply to your account, you agree to pay such charges and they will be subtracted from your account balance. You will be solely liable for overdrafts caused by these charges.
We may change these charge amounts at any time. If we make a change, you will be notified in writing as required by applicable law.
Your account balance. The amount shown on our records will be accepted as the balance of your account unless you can show differently. Balances shown on our web site or through our automated telephone service are not official records. Your share in a joint account is not tracked separately, and you agree for yourself, your heirs, assigns and administrators that if you or any other account holder receives more than his or her share, we will not be liable.
Account statements and notification. You will receive a monthly statement for your account showing your account activity, including your electronic funds transfers. Your statement may be sent quarterly if there has been no activity in your account for at least three months. You will not receive a printed statement via mail if you elect to only receive electronic statements or if your account offers only electronic statements.
You must notify us in writing of any unauthorized or erroneous payment order as explained in other sections of this agreement. If you fail to promptly notify us of any unauthorized or erroneous payment order, we will not be liable to you for any subsequent similar occurrences that we could have prevented if we had received such notice.
Processing Order of Debits. Electronic debits consisting of wire transfers, ATM withdrawals and online transfers conducted on any given day will generally be posted to your account first, followed by all other checks, ACH payments, automated loan payments, and point of sale (debit card) transactions conducted that day.
Multiple items within the same posting priority presented for payment on any given day will generally be posted to your account in descending order (i.e., from highest dollar amount to lowest dollar amount).
The below Processing Order of Credits and Debits section is effective February 22, 2013, and replaces the above Processing Order of Debits section.
Processing Order of Credits and Debits. We process credits and debits to your account in a specific order. We refer to this as the processing order and it is how we decide what posts first and last each day. The processing order also determines the order that you will see the items on your statement.
Our processing order might not be the same as the order you make transactions and could result in overdraft transactions. You can avoid overdrafts on your account by always making sure you have enough available funds in your account to cover your transactions. Please read the section entitled "The Availability of Your Funds" in this Money Market & Savings Account Agreement for more information on when we make funds available to you.
Credits, like check or cash deposits, increase your account balance. Debits, like ATM withdrawals and debit card transactions, decrease your balance. We will process credits and debits as follows:
All credits to your account that are received by the close of our business day will be processed to your account first. Any credits that we initiate to your account, like interest payments, will be processed last. Credits received after our business day cutoff time will be processed the next business day. We will post credits from the highest to lowest dollar amount, regardless of the order in which we receive or process them.
After we have processed any credits to your account, we will process debits. First, we group any similar types of debits (like all checks) together into separate categories. Then, we process those debits within each category in a specific order such as by dollar amount. For some debits, we will know the time you made the transaction. This allows us to post the debit closer to the time you actually made the debit transaction instead of by dollar amount.
To help you better understand our debit processing, we have created the following table that includes both the category of debits to be processed and our processing order for each:
|Processing Order||Debit Category||Examples||How Processed|
|1||Debits deferred from a prior day for manual review due to insufficient or unavailable funds and related fees||• Manually approved checks and ACH transactions
• Overdraft and nonsufficient funds (bounced check) fees from the prior business day
|Lowest dollar amount to highest.|
|2||Cash or cash-like withdrawals||• ATM withdrawals
• Wire Transfers
• Capital One loan payments
|Date and time, if available. Everything else from lowest dollar amount to highest.|
|3||Customer initiated service charges and fees (except overdraft transfer protection fees)||• Stop payment request
• Check re-order fees
• Wire transfer fees
|Date and time, if available. Everything else from lowest dollar amount to highest.|
|4||Debit card transactions and fees||• One-time and recurring debit card transactions||Date and time, if available. Everything else from lowest dollar amount to highest.|
|5||Automated Clearinghouse (ACH) transactions||• Automatic payments you authorize, like mortgage payments or monthly utility bills||Date and time, if available. Everything else from highest dollar amount to lowest.|
|6||Checks and other payment items||• Check payments
• Capital One Bank Online Bill Pay transactions
|Highest dollar amount to lowest.|
|7||Bank initiated transaction fees||• Returned items chargeback fee||Highest dollar amount to lowest.|
|8||Certain Capital One Bank account-to-account funding transfers and related fees||• Overdraft protection plan
• Sweep account
|Highest dollar amount to lowest.|
|9||Credits and debits that we initiate||• Account interest payments (credits)||Credits first, then debits.|
For purposes of this EFT disclosure, "you," "your," and "yours" mean the authorized person or persons who conduct EFTs, including but not limited to persons to whom a Capital One Bank ATM card is issued and anyone else you allow to use the ATM card. The following types of electronic fund transfers include, but are not limited to:
Transfers that you authorize in advance, such as transfers to and from your external account via Online Banking.
Arrangements with a third party that result in deposit or withdrawal of funds, including the payment of bills such as insurance premiums or loan payments.
Withdrawals you make from your account at an automated teller machine (ATM), if your account offers an ATM card.
Internal transfers between your Capital One Bank accounts.
Online banking (See Online Banking Terms and Conditions at www.capitalone.com).
Within Online Banking you may separately enroll for the option of transferring funds between your linked deposit account(s) at Capital One Bank and certain accounts at other financial institutions. An Inbound transfer moves funds into your Capital One Bank account from an external account. An Outbound transfer moves funds from an account at Capital One Bank to an account outside Capital One Bank. You will need to register each of your external.
Your Access Device and Your Personal Identification Number (PIN). You may use your ATM card at any of our ATMs. You may also use your ATM card to complete transactions at ATMs that are owned and operated by entities that are members of electronic fund transfer networks in which we participate.
For your protection, please memorize the PIN, and do not write your PIN on your ATM card or write your PIN any other place where it may be found along with your ATM card and do not disclose the PIN to anyone who is not authorized to use your ATM card.
Links to external accounts (options may vary by product). When you choose to open your account with an electronic transfer from an external account, your Capital One Bank account will then automatically be linked to the external account to make future debits and credits. For certain accounts, you can also link your Capital One Bank account to more than one external account if you choose.
Keep in mind that the external account(s) you choose must be a U.S. transaction account(s), and we may need to verify ownership of your external account(s). This includes (but is not limited to) requesting a voided or cancelled check, a copy of a recent account statement or confirming a trial deposit amount.
If you choose to set up your account for electronic transfers, you authorize us to verify ownership of the external account(s) by:
Making small deposits and matching withdrawals (less than $5) from the external account(s),
Then asking you to confirm the amounts of these transactions.
External account changes (options may vary by product). Once your account is opened, you can change or add external accounts by visiting our web site (www.capitalone.com). Keep in mind, we reserve the right to verify ownership of the new external account(s), as specified above, before making the change.
Standard Transfers. These terms only apply to accounts that offer electronic transfer capability. Any inbound transfer attempt returned due to insufficient or uncollected funds may be re-submitted once for collection upon receipt of the original return entry.
Modifying or Cancelling Transfers. Pending transfer instructions can be cancelled or modified until the status changes to "In Process". Instructions cannot be cancelled or modified after cut-off time for the transfer date.
Online Banking External Funds Transfer Limitation. The following chart lists the default limits established for Online Banking transfers into and out of your designated accounts. Different limits may be assigned on a case-by-case basis. These limits apply to the aggregate transfers on your money market and savings accounts. These limits do not apply to internal transfers between Capital One Bank accounts, bill pay transfers or pre-authorized third party payments.
|External Funds Transfers||Per Transfer Limit||Daily Limit||Monthly Limit|
|Total Transfers Limit
(Combined Inbound and Outbound)
Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. We may change your transfer limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event (as defined in the Online Banking External Funds Transfer Agreement).
ATM transfer types and limitations.
ACCOUNT ACCESS. You may use your ATM card to withdraw cash from your account.
LIMITATIONS. You may withdraw up to $600.00 from an ATM each day. An ATM card will not be available for accounts with a power of attorney.
NON-WORKING ATMs. If the ATM where you are making the transfer (a) does not have enough cash, or (b) was not working properly and you knew about the breakdown when you started the transfer, we will not be liable to you for failing to complete the transfer.
ATM transaction receipts. These terms apply to accounts which offer an ATM card. When you complete a transaction at an ATM, you will receive a printed receipt documenting the transaction (unless you have chosen not to receive a paper receipt). You should keep these receipts (or the transaction number given in place of the paper receipt) to verify that a transaction was performed.
ATM withdrawal charges. These terms apply to accounts which offer an ATM card.
United States. We will not charge you any fees for ATM withdrawals or balance inquiries.
International transactions/Outside the United States. We will not charge you any fees for ATM withdrawals or balance inquiries; but fees may be charged by the owner of the ATM.
Additional information concerning international use of your ATM card. Capital One Bank employs fraud monitoring and protection capabilities to help protect you from ATM card fraud. These protection systems are designed to block transactions that occur outside of our customers’ ordinary transaction patterns and may block transactions originating in countries that are experiencing a high incidence of card fraud. To avoid the inconvenience of having your ATM card blocked while you are traveling abroad, please notify us before any international travel or international purchases by calling 1-800-655-2265 from inside the United States or 972-916-4111 collect from outside the United States.
Pre-authorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-888-810-4013 to find out whether or not the deposit has been made.
Pre-authorized payments. If we are making a pre-authorized payment to a person or company for you, and the amount of that payment may vary, it is the responsibility of that person or company to notify you of that fact. The person or company will tell you ten days before each payment when it will be made and how much it will be. (You may choose instead to receive 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.)
Authorization for payments or funds transfers from your account. When you use any available payment service or funds transfer service, you warrant that you are an authorized signer on the account from which the funds are being drawn to make such payment or transfer.
Your liability for incorrect payment information. If you give us a payment order that identifies a beneficiary (the person to whom you are sending funds) by name and account number or some other identifying number (such as a Social Security, Taxpayer I.D. or driver’s license number), we may pay the beneficiary on the basis of the number provided to us by you and consider that number to be proper identification. This will be true even if the number you provided to us identifies a person different from the named beneficiary, unless otherwise provided by law or regulation. If you give us a payment order that identified the beneficiary's financial institution in the funds transfer by name and Routing and Transit ("R/T") or other identifying number, we, as well as the receiving financial institution, may rely on the number provided to us by you as the proper identification. This will be true even if the number provided identifies a financial institution that is different from the named financial institution, unless otherwise provided by law or regulation.
Neither we nor any receiving institution will be liable if you provide incorrect information.
Our liability for failure to complete transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable if:
If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current interest rate that is otherwise applicable to the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys' fees.
Stop payments on electronic transfers. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. You can stop a third party automatic recurring payment or withdrawal that you have set up to be deducted from your account by calling us at 1-888-810-4013 or by writing to us at P.O. Box 4199, Houston, TX 77210-4199.
You must make your request in time for us to receive it within three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and send it to us within 14 days after you call. Oral stop payments may cease to be binding after 14 days if you do not provide a requested written confirmation. If you order us to stop one of these payments three business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Stop payments on checks. These terms apply to accounts which offer check-writing capability. If you need to stop the payment of a check you have written for this account, you must do it in the manner required by law, and we must receive it in time to give us a reasonable opportunity to act on it before our stop payment cut-off time. You must give an oral or written stop payment order at: 1-888-810-4013 or P.O. Box 4199, Houston, TX 77210-4199. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Oral stop payments may cease to be binding after 14 days if you do not provide a requested written confirmation. You may also send a stop payment order by facsimile. To obtain the facsimile number, please call 1-888-810-4013. YOU MAY NOT SEND A STOP PAYMENT ORDER BY E-MAIL.
To be effective, stop payment orders must identify the specific number, date and amount of the item. Only the person who initiated the stop payment order may release a stop payment request. The stop payment order will be effective within one business day of the day on which we receive the request.
Forgeries or unauthorized signatures. If we honor a debit request drawn on your account that contains a forged or unauthorized signature or is altered in any way, you must notify us within 30 days of the date on which the forged, unauthorized or altered item appears on your account statement. In the case of continuing forgeries, unauthorized signatures or alterations by the same person, you agree to notify us within 30 days of the date on which the first forged, unauthorized or altered item was provided to you. Or, if your items are not provided to you with your account statement, then you must notify us within 30 days of the date on which we provided to you or otherwise made available to you the account statement that contained a description of the forged, unauthorized or altered item.
If you do not report a forged, unauthorized or altered item within the time frames listed above, this will be deemed conclusive proof that you failed to exercise reasonable care and promptness in examining the statements of the affected account and in notifying us after discovery of the forgery, unauthorized signature or alteration. Therefore, you agree that such items shall be fully enforceable against you and you shall have no claim against us for payment of these items. Regardless of any of the above or any action or inaction on our part, if you fail to notify us of a forgery, unauthorized signature or alteration within 90 days of the date the item (or a description of the item) or account statement was made available to you, you agree that you are absolutely barred from bringing any action against us that is related in any way to the forgery, unauthorized signature or alteration or to any additional forgeries, unauthorized signatures or altered items by the same person.
Facsimile signatures as authorized signatures. If you sent us a facsimile of your signature when opening your account, or in the future send us a facsimile containing your signature to provide us with orders or directions regarding your account, you acknowledge that you did so or will do so solely for your benefit and convenience. You agree that no facsimile signature that you have in fact used may be considered a forgery or an unauthorized signature and that such facsimile signature will be effective as your signature whether or not you have been negligent.
Errors or questions about your account. If you believe there has been an error; if you think your statement or receipt is wrong; or if you need more information about a funds transfer or a transfer on the statement or receipt; then please contact us immediately at 1-888-810-4013, or write to us at P.O. Box 4199, Houston, TX 77210-4199. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
When you contact us, please be sure to include the following information:
If you tell us orally, we may require you to send us your complaint or question in writing within ten business days.
We will determine whether an error occurred within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not credit your account. For errors involving new accounts, point of sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If your account statement contains any other errors (other than errors or questions about electronic transfers discussed in this agreement), you must notify us within 30 days of the date on which we provided to you the affected statement or otherwise made the statement available to you. If you do not notify us within 30 days, you agree that you are absolutely barred from bringing any action against us that is in any way related to the errors.
Lost or stolen passwords, ATM cards or personal identification numbers (PIN) and unauthorized electronic transfers. Please tell us immediately if you believe your password, ATM card ("Card") or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Any of these events could result in unauthorized transfers, and you could lose all the money in your account. Calling us is the best way of keeping your losses down.
If you notify us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password, card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss, theft, or unauthorized use, and we can prove we could have stopped someone from using this information without your permission if you had told us, you could lose as much as $500.
Remember: Whenever your statement shows electronic transfers that you did not make, including those made by card, code or other means, (even if you do not think that your password, card or PIN has been lost or stolen), please notify us immediately using the instructions in the section on "Errors or questions about your account." If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Your role is extremely important in the prevention of any wrongful use of your account. Promptly examine your account statement upon receipt. If you believe that your password, Card or your PIN has been lost or stolen or you find that your records and ours disagree, you must call us at 1-888-810-4013 or write to us at P.O. Box 4199, Houston, TX 77210-4199.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Legal proceedings or disputes. If your account becomes involved in a legal proceeding or is likely to become involved in a legal proceeding due to a dispute, the entire balance of your account may be restricted until the matter has been resolved. This is true even if only one person on the account is involved. You promise to repay us for any expenses we incur, including reasonable legal fees and costs, if your account is involved in a legal proceeding or dispute.
Inactive accounts. Your account can be deemed "inactive" if there's no activity on that account for a certain period of time. Specifically, an inactive account is one on which you have not increased or decreased the amount in the account, presented us with evidence of the account, otherwise corresponded with us about the account or indicated an interest in the account (as evidenced by a memorandum on file with us), or engaged in any credit, trust or other transaction with us for the amount of time specified under applicable law (the "Inactive Period").
Once a deposit account has been inactive for the Inactive Period, the funds become escheatable (can be reverted or handed over to the State). Thereafter, the payment of any interest on the account will stop and a statement on the account will no longer be sent. We will be required to pay escheatable funds to an applicable State office. You will be notified in writing, if required by applicable law, at your last known address on our records before we take the actions stated in this paragraph.
Power of attorney. We are authorized, but not required, to honor a power of attorney until we receive written notice from you that you have revoked the power of attorney or that the power of attorney has been revoked as a matter of State law. We may also, at our sole option, honor a power of attorney for some account powers and functions and not for others. We are not required to give you a reason for our failure to honor a power of attorney.
Transfer of accounts. Your account is not transferable or assignable by you. We reserve the right to transfer or assign your account to another FDIC insured financial institution.
Business days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday (except federal bank holidays), 8 a.m. until 5 p.m., Eastern Time.
Indemnification. You agree to indemnify Capital One Bank, its agents and employees against any loss, liability or expense (including attorneys' fees) resulting from or arising out of any claim of any person in connection with any matters subject to this agreement, except where applicable law precludes such indemnification.
Amendments. We have the right to change this agreement, including the fees and charges applicable to your account at any time. These changes may include the addition of new charges or terms. If we make changes, you will be notified as required by applicable law.
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