Rev. 11/10/2015

INTRODUCTION

Please carefully review the following Terms and Conditions governing the use of this web site (www.capitalone.com) and the online services offered by Capital One ("Services"). Use of our Services is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.

This Agreement is hereby made a part of the Terms and Conditions for www.capitalone.com and all such Terms and Conditions apply to your use of the Services on this Web site (the "Online Servicing Site"). In addition to this document, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post on the Online Servicing Site or any other Capital One Site (as defined below) or otherwise provide or make available to you from time to time. Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to, and/or required to agree to, separate user agreements, customer agreements or similar agreements governing or relating to such features, products or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, "Additional Agreements") are hereby incorporated by reference into this Agreement. Additional Agreements shall include, without limitation, agreements, rules or other terms governing any checking, savings or other deposit accounts, auto account, loan, line of credit and credit card accounts, investment accounts and any other accounts that you may view, modify or otherwise access while using the Services; fee schedules; our electronic funds transfer agreement and disclosures; our Online Bill Payment Authorization and Agreement; and your signature card.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to online banking and online bill payment services, this Agreement controls; provided, that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Capital One in an Additional Agreement.

This Agreement shall apply regardless of the means by which the Services are accessed, including, but not limited to, through the URL address www.capitalone.com, electronic mail, or links from another Web site via a computer, mobile device, or any other means of access.

DEFINITIONS


The Parties

Throughout this Agreement, the words "Capital One", "we", "us" or "our" mean, collectively, Capital One Financial Corporation, its subsidiaries and affiliates (including, without limitation, Capital One, N.A., Capital One Bank (USA), N.A, and Capital One Auto Finance, a division of Capital One, N.A.) and all of their respective successors or assigns. However, with respect to a specific account to which the Online Banking Site provides you access, "Capital One", "we", "us" or "our" shall be understood to refer to the particular entity in the Capital One family of companies that offers such account. Please consult your account agreement(s) for information about the Capital One company servicing your individual account(s). "You" or "your" mean each Authorized Person (as defined below) who has an interest in an account with Capital One which is accessible through the Services or through the Online Banking Site. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several and solidary wherever appropriate.

Account-Related Terms

Unless otherwise indicated, "account" and "accounts" mean the auto loan account(s) and other account(s) that are tied to your Social Security Number, Tax Identification Number or other unique identifier provided to you by Capital One (your "Username (Saver ID)/Customer Number") and that are used through the Services, and any other account that you may add to your online banking profile (as further set forth below). "Authorized Person" means, with respect to an individual account, each person who has an interest in or authority to transact business in such account for such account or otherwise authorized to transact any business with respect to such account. "Personal Account" means any loan account established by a natural person primarily for personal, family or household purposes.

Payment-Related Terms

Direct Pay ("DPAY") is a service we provide that allows you to have recurring monthly payments automatically withdrawn from your bank account. You can edit or cancel DPAY. Please refer to your DPAY confirmation for the terms of DPAY.

CarPay is a service we provide that allows you to authorize a one-time payment by designating the bank account from which the funds are to be withdrawn and completing the authorization for electronic funds transfer at the time you request the CarPay one-time payment. You can edit or cancel CarPay. Please refer to your CarPay confirmation for the terms of CarPay.

Miscellaneous

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Capital One Site" shall mean any Web site owned or operated by a member of the Capital One family of companies that contains information about available products and services and/or terms and conditions relating to any accounts, account information and/or transactions that you may view, perform, modify or otherwise access or use while using the Services. Capital One Sites shall include, without limitation, the Online Servicing Site, capitalone.com/applications/mobile/, capitalone.com and capitalone.com/bank.

"Computer" means your computer, computer system, mobile device, or any other method of access used to access a Capital One Site and all related equipment and software.

DESCRIPTION OF SERVICES

The "Services" shall mean all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used (as applicable) on or through the Online Banking Site, including, but not limited to, the ability to: (a) make auto loan payments (b) obtain account balance and certain other account information for various Capital One Auto Finance loan accounts that you may have; (c) obtain transaction information on your accounts; (d) download certain account transactions to your Computer; (e) update your address; (f) view online statements. These features are limited to the extent, and subject to the terms, noted herein and in any Additional Agreements that apply to you. The Services shall also be deemed to include any portion of the Online Servicing Site and any software used to operate the Services. Subject to all terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described below.

Certain features, information, types of transactions or other services available while using the Services are only available for certain Capital One accounts and may not be available when accessing the Services via mobile device or for all of your Capital One accounts. For certain of your accounts, you may be able to hyperlink from the Online Servicing Site to another Capital One Site relating to such accounts, where you may be able to access features, information, transactions or other services pertaining to those accounts that you cannot access directly on the Online Banking Site (and that thus are not deemed a part of the Services).

SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION

Use of the Services requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider and with a web browser (for example, Firefox or Microsoft Internet Explorer).

To provide the highest degree of confidentiality and to protect the security of your financial information, you must have an Internet browser that supports 128-bit encryption and secure sockets layer version 3.0 or higher. Use of the Services with lower than 128-bit encryption is strictly prohibited. To the extent you are able to access the Services using lower than 128-bit encryption, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.

You agree to keep your Username (Saver ID)/Customer Number, user ID, Password/PIN, password, password reminder question and answer and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.

If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your Username (Saver ID)/Customer Number without your consent, your accounts have been accessed, or someone has transferred money from your account(s) without your permission), you must notify us immediately. (See YOUR RESPONSIBILITIES AND LIABILITIES below.)

We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Online Servicing Site or any other Capital One Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).

ENROLLMENT IN SERVICES; ACCOUNTS WHICH CAN BE ACCESSED

In order to enroll in and use the Services, you will need your 9-digit Social Security or Tax Identification Number, unless otherwise expressly agreed by Capital One (provided Capital One shall have no obligation to so agree). If you do not have such a number and are interested in enrolling in the Services, you must contact Capital One Auto Finance Customer Service at 1-800-946-0332.

If you have more than one eligible Capital One Auto Finance account, we will automatically "link" your eligible accounts together for purposes of the Services, and all such accounts will appear in your online servicing profile on the Online Servicing Site. By enrolling in the Services, you authorize Capital One to process transactions for you as requested by you from time to time, and you authorize us to post transactions to your account(s).

COMMUNICATIONS

You agree to receive from Capital One Auto Finance or our authorized agents, phone calls and text messages at any mobile or land line number you provide, including calls and messages made using an auto-dialer or prerecorded message.

You agree that all electronic communications that we receive on the Online Servicing Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding obligations. Pursuant to law and regulations, these electronic communications therefore will be given the same legal effect as your written and signed paper communications, shall be considered a "writing" or "in writing" and shall be deemed for all purposes (i) to have been "signed" and (ii) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.

You agree (to the maximum extent permitted by law) to hold harmless Capital One and protect and indemnify Capital One from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Capital One pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.

E-mail; Secure Messages

By enrolling in Online Servicing you agree that as a condition of using the Services you consent to receiving all transactional e-mail communications from Capital One which are directly related to your use of the Services or to your account(s) and to any disclosures that may result from Capital One sending account communications to you via the e-mail address you provide. For more information about our privacy and information-sharing practices, please visit https://www.capitalone.com/identity-protection/privacy.

BECAUSE E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET, WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL. PLEASE BE AWARE YOU CANNOT USE E-MAIL TO INITIATE TRANSACTIONS ON YOUR ACCOUNT(S).

Instead, we recommend all communication be sent via secure messaging, available through the "Messages and Alerts" section of the Online Servicing Site. Your secure messages are available online for up to 90 days from the date sent or received. For account transactions, please use the appropriate functions available through the Services or call Capital One Auto Finance Customer Service at 1-800-946-0332.

eAlerts

Online Servicing offers automated security. Security alerts are sent to your primary e-mail address automatically for fraud reasons when certain changes to your account occur, such as password and user ID updates, or changes in your physical or primary email address. These alerts are part of the Online Servicing service and are not optional.

You are responsible for notifying us of any changes to your e-mail, mobile device, and telephone contacts to which alerts are sent. Your full account number will not be included in any alert. However, alerts may contain our name and information about your accounts. Depending upon the alert, information pertaining to loan accounts may be included. Anyone with access to your e-mail, mobile device(s), and telephone or telephone answering machine(s) or service(s) may be able to access the contents of the alerts. It is your responsibility to secure these devices, protect your user name(s), PIN and password(s), and provide timely information about telephone or e-mail contact changes in order to protect the confidentiality of this information. You consent to any disclosures by Capital One Auto Finance which may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.

We endeavor to provide alerts in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any alert. You agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

PAYMENTS

PAYMENT SCHEDULING

Capital One Auto Finance Account Payments

The cut-off time for Incoming Payments to a Capital One Auto Finance loan account scheduled through the Services but not scheduled through the Online Bill Pay service is 4:00 p.m. CST or CDT on Business Days. Incoming Payment requests initiated after the cut-off time will be processed the next Business Day.

If you set-up a recurring payment for your Capital One Auto Finance loan, you, an authorized signer on the account, authorize Capital One Auto Finance, its successors and assigns, and the institution named, to initiate withdrawals from the designated checking or savings account for funds payable to Capital One Auto Finance. This authorization will remain in effect until you notify Capital One Auto Finance to cancel it, in such time as to afford Capital One Auto Finance a reasonable opportunity to act on it.

Please note: You can stop payment of any entry by notifying Capital One Auto Finance in accordance with the cancellation terms in your DPAY or CarPay confirmation.

If funds are unavailable at the time we attempt to debit your checking or savings account or your direct payment is not received for any reason, you will be responsible for forwarding a payment to us. If your payment is not received by the due date, you will be assessed late fees in accordance with your contract.

If you pay with a direct draft that is dishonored or returned, Capital One Auto Finance reserves the right to assess a "Returned Check Fee" in accordance with your contract. If a direct draft is returned, Capital One Auto Finance reserves the right to terminate this authorization and your participation therein.

Capital One Auto Finance will no longer issue monthly periodic statements to users who have established recurring payment instructions through Online Banking.

Online Statements

You are consenting to receive from us by electronic means your monthly periodic statement for your specified auto loan and other disclosures related to this service such as your annual privacy notice. However, you may be sent paper statements or other documents that contain important information about your account. You should continue to review any correspondence that we mail to you.

When your online statement is available, an e-mail notification will be sent to the e-mail address that we have on file. It is your responsibility to update any changes in your e-mail address at our My Info page. If you do not receive an e-mail and believe you should have, please visit our Web site to view your statement and verify your e-mail address. We encourage you to retain a copy of any records you would like to keep.

Hardware and Software Requirements

To access and retain the information subject to this consent, your personal computer needs to support the latest W3C HTML / DOM recommendations and 128 bit SSL encryption.

You will also need Adobe Acrobat to review statements in PDF format, if such statements are available. To read statements in PDF format, you will need to download Adobe Acrobat software into your browser. There is no cost to download this software. If you do not have Adobe you can download it from the following link: http://www.adobe.com/products/acrobat/readstep2.html

To print statements you must have a printer connected to your computer. To download statements, if available, you must have sufficient hard-drive space (approximately 1 MB) to store the statements.

FEES AND CHARGES

Except as provided herein, we do not at this time charge any enrollment fees, recurring usage fees or any other fees for your use of the Services (including viewing your account information. However, we do charge fees in certain circumstances that may arise in connection with your use of the Services (including a Returned Check Fee). If you require additional details, call Capital One Auto Finance Customer Service at 1-800-946-0332. In addition, you shall be subject to all fees, charges, penalties, balance requirements, and other restrictions explained in your account agreements or other Additional Agreements.

Notwithstanding the foregoing, fees are subject to change, and we may impose additional charges, penalties or fees in connection with your use of the Services at any time, subject to the terms hereof.

You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges and fees from your designated Capital One Payment Account(s) or any other eligible account.

You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

CHANGES IN SERVICES; INTERRUPTIONS IN SERVICE

We may, from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Online Servicing Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. We will attempt to provide prior notice of any such material changes (by posting a notice of such changes on the Online Servicing Site when you log in, and/or sending a notice to you at the address shown on our records, providing a link to the notice, sending you a secure message, or by any other method as permitted by law), but cannot guarantee that such notice will be provided. Use of the Services after notice has been provided to you constitutes acceptance of such changes.

Notwithstanding the foregoing, whenever reasonably practicable, we will attempt to post or send such notice at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions; provided, that we cannot guarantee that we will provide such notice by such time; and provided further, that we reserve the right to make any such changes effective immediately if necessary to maintain the security of the system or to comply with any laws or regulations. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.

Changes to the Services may render prior versions of the Services obsolete. Without limiting the foregoing, we reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes. We also reserve the option, in our sole business judgment, to waive, reduce or reverse charges or fees in individual situations.

We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

STATEMENT OF RECORD

Any account information provided by the Services is not the statement of record. The periodic monthly statement provided to you electronically is the statement of record. You are responsible for reviewing any statement and other account communications sent to you. Any statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through the Services or whether you have chosen to receive your statement electronically.

YOUR RESPONSIBILITIES AND LIABILITIES

It is your sole responsibility to ensure that the contact information in your online servicing user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses, and account numbers. Changes can be made either via a secure message within the Services or by calling Capital One Auto Finance Customer Service at 1-800-946-0332 or via US mail. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.

Unauthorized Transactions

You will be sent periodic statements for your account(s) with the regularity provided for in your account agreement(s). Your role is extremely important in the prevention of any wrongful use of your account(s). You must carefully examine your statement upon receipt.

Tell us AT ONCE if you believe that an unauthorized transaction has been or may be conducted from your account(s); if you believe another person has improperly obtained your online password(s), Password/PIN or has transferred or may transfer money from your account(s) without authorization; or you suspect fraudulent activity on your account(s).

Call at 1-800-946-0332 anytime, 24 hours a day, 7 days a week. A representative is available between the hours of 7:00 a.m. and 8:00 p.m. CT Monday through Friday. Or write to Capital One Auto Finance ATTN: Customer Advocacy Team 7933 Preston Rd. Plano, TX, 75024, or send us a secure message; or visit https://www.capitalone.com/contact/.

INELIGIBLE ACCOUNTS

Ineligible accounts include:

  • Accounts in active bankruptcy

  • Accounts requiring special handling

  • Account paid in full

TERMINATION

We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason. If your auto account is closed for any reason, such account may no longer appear in your online banking profile.

If you wish to terminate your ability to use the Services please call 1-800-946-0332. If you wish to reinstate your access the Services following any such termination (although we reserve the right not to reinstate such Services as we determine in our sole discretion), please call toll-free 1-800-946-0332. Upon termination of the Services, we will endeavor to cancel any applicable account transactions you have previously authorized, provided that we make no guarantee that we will be able to do so. You will be solely responsible for any fees that apply to any such cancellation. Any payment(s) or other transactions that we are not able to cancel or that have already been processed before the requested termination date will be completed. Termination shall not affect your liability or obligations under this Agreement for any transactions initiated prior to termination.

ASSIGNMENT

You may not assign this Agreement or your rights to the Services to any other party.

We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation, or to any existing or future direct or indirect subsidiary of Capital One, or to any of our existent or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

DATA RECORDING

When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or our service provider. You consent to such recording or other retention. Without limiting the foregoing, you agree that we may record the conversations our employees have with you or your agents. We do this from time to time to monitor the quality of service and accuracy of information our employees give you and to ensure that your instructions are followed.

NO WAIVER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

LIABILITY FOR LOSS OR ERRONEOUS DATA

Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your Computer or third party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your Computer.

HARM TO COMPUTER SYSTEMS/DATA

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your Computer by downloading information, software, or other materials from the Online Banking Site or any other Capital One Site.

SHARING INFORMATION/PRIVACY

Please click here for an explanation of how we may use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information.

LIMITATION OF LIABILITY; DISCLAIMERS

Except as otherwise expressly provided herein, your use of the Services is at your own risk. None of the entities comprising Capital One, nor any of their respective officers, directors or employees, nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, punitive, or other damages of any kind arising out of your access to or use of the Services, or the inability to access or use the Services, whether caused by Capital One or such other parties, online service providers, any agent or subcontractor of any of the foregoing or any other party.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE CAPITAL ONE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CAPITAL ONE MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

Nothing contained in the Services is intended to provide legal, accounting, tax or financial advice. You should consult your own professional advisor on such matters. Information about products and services which you do not already have with Capital One is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

SEVERABILITY

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

AREA OF SERVICE

Unless otherwise agreed by Capital One, the Services described in this Agreement are solely offered to citizens of the United States of America. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from the Online Banking Site or any other Capital One Site may be downloaded or otherwise exported in violation of United States Law.

COLLECTION EXPENSES

If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorneys' fees and court costs as allowed by law.

GOVERNING LAW

This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations and, as this Agreement applies to each individual account that you may access using the Services, by the state laws and regulations governing such account or the account agreement for such account.

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