Business CreditWise Terms and Conditions

Thank You for Using Business CreditWise!

Business CreditWise is provided by Capital One Bank (USA), N.A. with offices at 1680 Capital One Drive, McLean, Virginia. By using Business CreditWise, you agree to these terms (the "Agreement"). The term "Capital One" in this Agreement shall refer to Capital One Bank (USA), N.A. and all its affiliates. The terms "you" or "your" shall refer to you as an individual and/or the business you are associated with for this account. From time to time, we may change these terms. We recommend that you review them on a regular basis.

Who Can Use Business CreditWise?

You must be a U.S. resident and your business must be located in the U.S. to use Business CreditWise. Also, you must be at least 18 years old. We reserve the right to restrict access to Business CreditWise or cancel your account at any time.

License and Use

Once you enroll, we grant you a license to use Business CreditWise solely for your business use and to obtain a report only on your business (not a third party). We reserve all rights in and to such software. We can revoke your license. You cannot transfer this license. By using this service, you agree to and accept Capital One's Online Terms and Conditions.

By using Business CreditWise, you authorize LexisNexis® Risk Solutions to share your business information with Capital One for support purposes.

Obtaining your Business' Credit Information

You are asking Business CreditWise to get a business' credit report and factors from one or more credit bureaus. While you can access your report and factors anytime, we may only pull fresh credit report information for your business once every three (3) months unless you cancel your Business CreditWise account. We use your credit information to provide you and your business with credit education and the information provided is for educational purposes only. We may also look to match you with Capital One products we think you might like, and, if you choose to apply, to see if you are eligible for these products.

Completing your credit data

From time to time, Capital One may require you to update or provide certain information about your account, including but not limited to annual business revenue, contact information, accounts payable or other financial information.

Business CreditWise Information

There are different types of business credit reports in the marketplace that are based on different models and different information. Business CreditWise provides you with an educational business credit report from LexisNexis Risk Solutions. Educational reports are for informational purposes only and may not be based on models used by lenders to make credit decisions. Availability will vary depending on our ability to obtain your business' information from LexisNexis Risk Solutions. You should never assume your Business CreditWise report and/or factors are exactly the same as the one a particular lender might use.

Communications

To help you monitor your business' credit, at the time of enrollment, we may opt you in to email alerts and notifications. If you don't want us to contact you in this way, we will provide you the opportunity to opt out.

Fair Credit Reporting Act (FCRA) and Fair and Accurate Credit Transactions Act (FACTA) Notice

Sharing your information within Capital One®:

We do share your credit information within our different Capital One companies. It's the info we get from credit bureaus and your account application. You can tell us not to share that information and "opt out".

You might also get offers from us for products and services we think you'll like because we also share personal information, like your income, credit score and how you use your account every day. You can ask us not to use your shared information for marketing and opt out of that, too. If you do opt out, we may still use that information to market products and services as permitted by law.

If you don't want us to share your credit information between our companies, or use your shared personal information for marketing, just give us a call at 1-888-817-2970. And be sure to tell us that you don't want us to share your credit information, use your personal information for marketing, or both. Whatever you decide, it applies to everyone who's on your account.

Sharing your information with credit bureaus and others:

We might report information about your account to the consumer credit bureaus. It includes things like the fact that you have an account, any late payments, missed payments or other defaults (if they happen). You'll see this on your credit report.

If you ever see something we've reported that doesn't seem quite right, please let us know by writing to us at Capital One, P.O. Box 30281, Salt Lake City, UT 84130-0281.

Our companies:

In case you're wondering, our different companies are those owned by Capital One Financial Corporation. They include companies that begin with "Capital One" or "Chevy Chase" as well as Sharebuilder, Onyx and Greenpoint. Individual company names might be different, like Capital One Bank (USA), National Association; Capital One, National Association, and ShareBuilder Advisors, LLC.

Security

If you have an outdated browser, your connection to Business CreditWise (and most other sites) might not be secure. Protect yourself and update your browser to a version that supports 128-bit encryption and secure sockets layer version 3.0 or higher. You are responsible for maintaining the confidentiality of your username and password. If you think someone might know your username and password, you should change them or cancel your enrollment.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPITAL ONE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT OR IN TORT (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, RELIANCE, ESTOPPEL, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY STATUTORY DAMAGES OR ANY INTANGIBLE LOSS, RESULTING FROM YOUR ACCESS OR USE OF BUSINESS CREDITWISE, EVEN IF CAPITAL ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Disclaimer of Warranty

YOU AGREE THAT YOU ASSUME ALL RISK FOR YOUR USE OF BUSINESS CREDITWISE, THAT BUSINESS CREDITWISE IS PROVIDED "AS IS", AND THAT CAPITAL ONE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED HEREUNDER. CAPITAL ONE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITAL ONE, OR THROUGH OR FROM BUSINESS CREDITWISE WILL CREATE ANY WARRANTY OF ANY KIND.

Indemnification

You agree to indemnify, defend and hold harmless Capital One, its affiliates and subsidiaries and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses and threatened losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of this Agreement; your use of Business CreditWise; any claim that your use of Business CreditWise violates any applicable law; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Business CreditWise. You will cooperate as fully as reasonably required in the defense of any claim identified under this Section. You acknowledge that damages for improper use of Business CreditWise may be irreparable; therefore, Capital One is entitled to seek equitable relief in addition to all other remedies. Capital One reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Cancelling Your Account

You can cancel your account any time. It may take up to 45 days for us to process your request.

No Waiver

If Capital One does not exercise or enforce any legal right or remedy available to it, Capital One will not be deemed to have waived rights or remedies. Any waiver of any provision of this Agreement will be effective only if Capital One expressly states in a signed writing that it is waiving a specified provision of this Agreement.

Remedies and Injunctive Relief

We can use all available remedies under the law in addition to any remedies provided by these terms. You agree that Capital One may apply for injunctive remedies (or an equivalent type of urgent legal relief) with respect to this Agreement's subject matter and any other legal remedies that it may pursue.

Severability

If it turns out that something in these terms violates the law, then we agree to consider it automatically revised so that it complies with the law and fits our original intent as closely as possible. The rest of these terms will continue to apply.

Survival

Even after your Business CreditWise service ends, terms in this Agreement that relate to things that might happen after termination will survive and still apply after termination.

Third Party Beneficiaries

Either of us, including any of the Capital One family of companies, is entitled to enforce rights under these terms. Otherwise, no other person or company will be a third party beneficiary to these terms.

Assignment

If we need to, we may assign rights under this Agreement to another party. You may not assign your rights under this Agreement.

Governing Law; Jurisdiction and Venue

These terms shall be governed by and construed in accordance with the law of the Commonwealth of Virginia without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction's law; provided, however, that to the maximum extent permitted under applicable law, these terms will not be subject to the Uniform Computer Information Transactions Act as currently enacted or as may be codified or amended from time to time by any jurisdiction.You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Courts for the Eastern District of Virginia, or if such court does not have subject matter jurisdiction, to the courts of the Commonwealth of Virginia located in Henrico County.

Trademark Information

Business CreditWise is a Capital One trademark - don't copy, steal or abuse it, or any other trademark used here.