Discover by Capital One Customer Agreement

Welcome to Capital One

Thank you for opening a credit card account with us. This Customer Agreement, including any changes to it (“Agreement”), contains the terms of your agreement with Capital One.

Definitions

The meanings of the terms you see in italics appear in the Glossary section at the end of this Agreement.

As used here, “you” and “your” mean each applicant and co-applicant for the Account; any person responsible for paying the Account; and any person responsible for complying with this Agreement. “We,” “us,” “our,” and “Capital One” mean Capital One, National Association; and its agents, authorized representatives, successors, and assignees.

Account Documents

The following documents govern your Account with us:

this Agreement;
all Statements;
any rewards program terms, conditions, and disclosures;
any privacy notices;
all disclosures and materials provided to you before or when you opened your Account;
any other documents and disclosures relating to your Account, included those provided online; and
any future changes we make to any of the above.

Please read these carefully and keep them for future reference.

New Offers

In the future, we may provide you with new offers that we think may interest you. The terms of these offers may differ from the standard terms on your Account. This Agreement will still apply.

Account Information

We need information about you to manage your Account. This includes:

your legal name;
a valid U.S. mailing address and residential address (if different);
your date of birth;
your Social Security number or other government identification number;
your telephone number(s); and
your employment and income information.

You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested.

Credit Limits

When you open your Account, we will tell you your credit limits. These will also appear on your Statement. We may also refer to your credit limits as your credit lines. We may give you different credit limits for the different Segments of your Account. For example, you may have one credit limit for purchases and a different one for Cash Advances.

You are responsible for keeping track of your Segments balances and your available credit. You must manage your Account to remain below your credit limits. We may honor transactions above your credit limits, but if we do these transactions will not increase your credit limit. You are responsible for paying for any transaction you make above your credit limits.

We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us.

Using Your Account

This Agreement applies whether or not you use your Card or Account. It will continue to apply even after your Account is closed, as long as you have a balance.
You must return the Card to us or destroy it if we ask you to.
You must take reasonable steps to prevent the unauthorized use of your Card, Access Checks and Account.
We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to go over your credit limit or your Account is not in default.
We are not responsible for any losses you incur if we do not authorize a transaction.
We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason.
Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account. We will apply it against your available credit for that Segment.
You may obtain Cash Advances and Transfers as permitted for your Account. You may not use these to pay any amount you owe us or any other company in the Capital One organization. Transfers are available at our discretion and may not be available at all times.
You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do.
We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.
This Card is intended primarily for personal, family, or household purposes.

Rewards

Your Account may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards. We provide updated rewards program information on our website.

Access Checks

We may provide you with Access Checks. If we do, we will tell you at the time if we consider them purchases, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. You may not use them to pay any amount you owe us or any other company in the Capital One organization. We may reject and not pay any Access Check if:

the Access Check was already paid;
you do not give us the information we asked for; or
the information you gave us was incorrect.

We do not have to release the stop payment order unless the account holder who made the request asks us to. If we re-credit your Account after a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us in any legal action we may later take against the payee or other holder of the check.

Using a PIN

We may give you a personal identification number (PIN). For security reasons, you may have to provide the PIN before you are able to use your Card.

Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact Customer Service immediately.

Authorized Users

If you ask us to issue a Card to any other person, they are an Authorized User. We may require certain information about them. We may limit their ability to use your Card. They may have access to certain information about your Account. You will be responsible for their use of the Account and anyone else they allow to use your Account, even if you did not want, or agree to, that use.

Removing an Authorized User

If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any arrangements they may have set up on your Account. They will be able to use your Account until you have notified us that you are removing them from your Account. During this time, you will still be responsible for all amounts they charge to your Account. You will be responsible even if these amounts do not appear on your Account until later.

Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may close your existing Account and issue a new Card with a new Account number.

Your Promise to Pay

You promise to pay us all amounts due on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting your actual Card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes.

Statements

We will generally send, or make available to you, one Statement for all Cards on your Account at the end of each Billing Cycle. Under certain circumstances, the law may not require us to send, or make available to you, a Statement, or may prohibit us from doing so.

Disputed Transactions

You must inspect each Statement you receive. Tell us about any errors or questions you have, as described in the “Billing Rights Summary” on your Statement and other Truth-in-Lending Disclosures. If you do not notify us of an error, we will assume that all information on the Statement is correct.

If we credit your Account for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also:

give us any information about the disputed transaction, if we ask;
not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and
help us get reimbursement from others.

No Warranties

We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card beyond your rights described in the “Billing Rights Summary” on your Statement.

Lost or Stolen Card

If your Card is lost or stolen or if you think someone else may be using your Card or Account number without your permission, you must contact Customer Service immediately. You will not be responsible for transactions on your Account that we find are unauthorized.

If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request.

Interest Charges and Fees

We will charge Interest Charges and Fees to your Account as disclosed on your Statement and other Truth-in-Lending Disclosures. In general, Interest Charges begin to accrue from the day a transaction occurs. However, we will not charge you interest on any new transactions posted to the purchase Segment of your Account if you paid the total balance across all Segments of your Account in full by the due date on your Statement each month. From time to time, we may give you offers that allow you to pay less than the total balance and avoid Interest Charges on new purchase Segment transactions. If we do, we will provide details in the specific offer. We will generally treat Fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only if your Truth-in-Lending Disclosures provide for them. We may increase your Interest Charges and Fees as described in the Changes to Your Agreement section or in your Truth-in-Lending Disclosures.

Membership Fee

If your Account has a membership Fee, we may charge the first membership Fee either on the day you activate your Card or on the day when you use your Account, whichever occurs first. If your Account terms include a $0 introductory Fee, we may charge the first Fee when the introductory period ends. If it is an annual Fee, we may then charge it approximately once per year. If it is a monthly Fee, we may charge it each Billing Cycle.

Late Payment Fee

We may charge you this Fee if we do not receive your payment as instructed on your Statement by the payment due date.

Returned Payment Fee

We may charge you this Fee each time your financial institution, for any reason, rejects a payment you make to us.

Stop Payment Fee

We may charge you this Fee each time you ask us to (1) stop payment on an Access Check or (2) renew an existing stop payment order.

Cash Advance Fee

We may charge you this Fee each time you take out a Cash Advance. We will treat this Fee as a Cash Advance transaction.

Transfer Fee

We may charge you this Fee each time you make a Transfer. We will charge the Fee to the same Segment where we post the Transfer.

Transactions Made in Foreign Currencies

If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion Fees.

Minimum Payment

You must pay us at least the minimum payment amount by the payment due date. Your Statement will tell you:

the minimum payment due,
your new balance,
the payment due date, and
an explanation of when the payment must reach us for us to consider it received as of that date.

In addition to the minimum payment, you may pay all or part of the total balance on your Account. But, you must still pay at least the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement. We will continue to charge Interest Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, is part of a bankruptcy proceeding or is otherwise charged off, the total balance is immediately due and payable.

Making Payments

Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other company in the Capital One organization. You must send mailed payments to us as instructed on your Statement, unless we tell you otherwise.

Other Payment Services

We may make services available that allow you to make faster or recurring payments online or by telephone. We will describe the terms for using these services and any applicable Fee before you use them. You do not have to use these other payment services.

We are not responsible if your financial institution rejects a payment made using our payment services.

If you ask someone else to make a payment for you, we may provide that person with limited Account information necessary to set up and process that payment. We may also refuse to accept that payment. If we do accept it, you will be responsible for that payment even if a financial institution rejects it.

Payment Processing

We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues.

When you send us an Item as payment, you authorize us to make a one-time electronic fund transfer from your deposit account. You also authorize us to process the payment as an Item. We may withdraw the funds from your deposit account as early as the same day we receive your payment. You will not receive your Item back from your bank. We will provide additional information about this process on your Statement.

We may use the information from an Item to create an electronic image. We may collect and return the image electronically. This electronic image may also be converted to a substitute check and may be processed in the same way we would process an Item. We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended.

How We Apply Your Payments

Your Account may have Segments with different Annual Percentage Rates (APR). For example, purchases may have a lower APR than Cash Advances. If your Account has Segment balances with different APRs, here is how we apply payments in a Billing Cycle:

We generally apply credits and payments up to your minimum payment first to the balance with the lowest APR, and then to balances with higher APRs.
We apply any part of your payment exceeding your minimum payment to the balance with the highest APR, and then to balances with lower APRs.

Items with Restrictive Words, Conditions, or Instructions

You must mail all Items bearing restrictive words, conditions, limitations, or special instructions to:

Capital One
P.O. Box 1330
Charlotte, NC 28201-1330

This includes Items marked “Paid in Full” or similar language. This also includes all accompanying communications.

If you make such a payment or send any accompanying communications to any other address, we may reject it and return it to you. We may also accept it and process it without losing any of our rights.

Credit Balances

We may reject and return any payment that creates or adds to a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Statement or call Customer Service to request a refund of any available credit balance.

Account Default

You will be in default if:

you do not make any payment when it is due;
any payment you make is rejected, not paid or cannot be processed;
you file or become the subject of a bankruptcy or insolvency proceeding;
you are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
we determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
you do not comply with any term of this Agreement or any other agreement with us; or
you permanently reside outside the United States.

If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, unless the law says that we must give you notice:

charge you Fees, or change the APRs and Fees on your Account, if provided in your Truth-in-Lending Disclosures;
close or suspend your Account;
lower your credit limit(s);
demand that you immediately pay the total balance owing on your Account;
continue to charge you Interest Charges and Fees as long as your balance remains outstanding;
file a lawsuit against you, or pursue another action that is not prohibited by law; and/or
collect all court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.

Communications

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.

Credit Reports

We may report information about your Account to credit bureaus and others. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Information we provide may appear on your and the Authorized Users’ credit reports.

If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at Capital One, P.O. Box 31293, Salt Lake City, UT 84131-1293. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect.

We may obtain and use credit, income and other information about you from credit bureaus and others as the law allows.

Closing or Suspending Your Account

You may contact Customer Service to ask us to close your Account.

We may close or suspend your Account at any time and for any reason permitted by law, even if you are not in default.

If we close or suspend your Account for any reason, you must stop using your Card. You must also cancel all billing arrangements set up on the Account. If we close or permanently suspend your Account, you must return or destroy all Cards. You must still pay us all amounts you owe on the Account.

Changes to Your Agreement

At any time, we may add, delete or change any term of this Agreement, unless the law prohibits us from doing so. We will give you notice of any changes as required by law. We may notify you of changes on your Statement or in a separate notice. Our notice will tell you when and how the changes will take effect. The notice will describe any rights you have in connection with the changes.

Your variable APRs (if applicable) can go up or down as the index for the rate goes up or down. If we increase your APRs for any other reason, or if we change your Fees or other terms of your Account, we will notify you as required by law.

The Law That Applies to Your Agreement

We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect.

Waiver

We will not lose any of our rights if we delay or choose not to take any action for any reason. We may waive our right without notifying you. For example, we may waive your Interest Charges or Fees without notifying you and without losing our right to charge them in the future.

Assignment

This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer your Account or this Agreement to someone else without our written permission.

We may sell, assign or transfer your Account and this Agreement without your permission and without prior notice to you. Any assignee or assignees will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after we notify you that we have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable.

Glossary

“Access Check” means any check we send to you to access credit from your Account. We may also refer to an Access Check as a “convenience check” or a “purchase check”.
“Account” means your Card Account with us.
“Authorized User” means a person who may use the Card, but is not responsible for the repayment of the Account.
“Balance Transfer” means a Transfer posted to the purchase Credit Plan of your Account unless otherwise described in your Truth-in-Lending Disclosures.
“Billing Cycle” means the period of time reflected on a Statement. This period may vary in length, but is approximately 30 days. You will have a Billing Cycle even if a Statement is not required. We will often specify a Billing Cycle by the month in which its closing date occurs. For example, a “March Billing Cycle” will have a closing date in March. We may also refer to a Billing Cycle as a “Billing Period”. If your Account balance has charged off, we may switch to quarterly Billing Cycles for your Account.
“Card” means any Capital One credit card associated with your Account. This includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number.
“Cash Advance” means a loan in cash, or transactions that a payment network, a merchant, or we consider to be cash equivalents. Examples of transactions that are considered cash equivalents include, but are not limited to, use of your Account for wire transfers, travelers’ checks, money orders, foreign currency, digital currency, cryptocurrency, online gambling, lottery tickets, gaming chips, wagers, debt servicing payments, person-to-person money transfers, bill payments, transferring funds to an account or virtual wallet, or use of any third party service or application to make payments. We post Cash Advances to the Cash Advance Segment of your Account and not to your purchase Segment.
“Fees” means charges imposed on your Account not based on the Annual Percentage Rates.
“Interest Charges” means any charges to your Account based on the application of Annual Percentage Rates.
“Item” means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check.
“Payment Card Network” means the network provider displayed on your Card. This may be Visa Inc., Mastercard International Incorporated, or any other network provider.
“Segments” means the different parts of your Account we may establish that are subject to unique APRs, pricing, or other terms. We create these parts of your Account for such things as your purchases, Balance Transfers, Cash Advances and Special Transfers. The sum of your Segment balances equals your total Account balance.
“Special Transfer” means a Transfer posted to a Credit Plan of your Account that is not a purchase or Cash Advance Credit Plan.
“Statement” means a document showing important Account information, including all transactions billed to your Account during a Billing Cycle and information about what you must pay. We may also refer to your Statement as a “Periodic Statement” or a “Billing Statement”.
“Transfers” means amounts transferred from other accounts to this Account and includes Balance Transfers and Special Transfers.
“Truth-in-Lending Disclosures” means disclosures that the federal Truth in Lending Act and Regulation Z require for any Account. This includes your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements, and change in terms notices.

Arbitration Agreement

Agreement to Arbitrate. In the event of a dispute between you and us arising out of or relating to this Account or the relationships resulting from this Account or any other dispute between you or us, including, for example, a dispute based on a federal or state statute or local ordinance (“Claim”), either you or we may choose to resolve the Claim by binding arbitration, as described below, instead of in court. Any Claim (except for a Claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver, or the failure to comply with the Claim Notice procedure described below) may be resolved by binding arbitration if either party requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit.

This arbitration agreement does not apply if, on the date you submit your application, you are an active duty covered member of the Armed Forces or a dependent of such a member under the federal Military Lending Act.

CLASS ACTION WAIVER. EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S MASS ARBITRATION SUPPLEMENTARY RULES WHEN APPLICABLE, ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNT HOLDERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator may not award class, representative, or public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then after all appeals from that decision have been exhausted, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.

Your and Our Right to Go to Small Claims Court. You and we will not choose to arbitrate any individual Claim you or we bring in small claims court (or an equivalent court). This means you or we may bring an action in small claims court (or an equivalent court) without being subject to arbitration. However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, you or we may then choose to arbitrate.

Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). Arbitration must proceed only with the American Arbitration Association (“AAA”). The rules for the arbitration will be those in this arbitration agreement and the procedures of the AAA, including its Mass Arbitration Supplementary Rules when applicable, but the rules in this arbitration agreement will be followed if there is disagreement between the arbitration agreement and the AAA’s procedures. If the AAA’s procedures change after the Claim is filed, the procedures in effect when the Claim was filed will apply.

For a copy of the AAA’s procedures, to file a Claim or for other information, please contact the AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org.

If the AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court with jurisdiction appoint a substitute.

Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay your share of the AAA’s or arbitrator’s costs and cannot obtain a waiver of costs from the AAA, we will advance those costs if you ask us in writing and are acting in good faith. Any request like this should be sent to Capital One, P.O. Box 30035, Salt Lake City, UT 84130-0035. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs (if actually paid by you). The arbitrator may also allocate compensation, expenses, and administrative fees (which include filing and hearing fees) to any party upon the arbitrator’s determination that the party’s Claim or counterclaim was filed for purposes of harassment or is patently frivolous.

Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:

Follow all applicable substantive law, except when contradicted by the FAA;
Follow applicable statutes of limitations;
Honor valid claims of privilege; and
Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the AAA not later than 30 days after the original award issues. Appeal costs will be allocated consistent with the AAA’s Consumer Arbitration Rules and Due Process Protocol.

Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.

Claim Notice and Special Payment. If you or we have a Claim, before initiating an arbitration proceeding, you or we must give written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding. The statute of limitations for your Claim will be tolled for 30 days from Capital One’s receipt of the Claim Notice. Your Claim Notice must be personally signed by you, and must include your name, address, and account number and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Capital One, P.O. Box 30035, Salt Lake City, UT 84130-0035 (or such other address as we shall subsequently provide to you). We will send any Claim Notice to the most recent address we have on file for you. If our Claim is based on your failure to pay, sending you a Statement fulfills this Claim Notice requirement. The Claim Notice is a condition precedent to the filing of any Claim in arbitration and a court can enjoin the filing or prosecution of an arbitration in breach of this section. If, and only if, (1) you submit a Claim Notice in accordance with this arbitration agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your Claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of Capital One’s last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $7,500, whichever is greater. If you are entitled to the $7,500, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator.

Other Beneficiaries of this Arbitration Agreement. In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates, successors, subsidiaries, and our and their officers, directors and employees; any third party codefendant of a Claim subject to this arbitration agreement; and all joint account holders and Authorized Users of your Account.

Changes to Your Arbitration Agreement. Any change to this arbitration agreement will be governed by this paragraph and not the Changes to Your Agreement section in the Customer Agreement. We may add, delete, or change any term of this arbitration agreement. We will give you advance written notice of any change to this arbitration agreement. Our notice will tell you when and how the changes will take effect, and how you can reject or avoid them if you choose.

Survival of this Arbitration Agreement. This arbitration agreement shall survive:

closing of your Account
voluntary payment of your Account or any part of it;
any legal proceedings to collect money you owe;
any bankruptcy by you; and
any sale, assignment, or transfer by us of your Account.

You have the right to reject arbitration for this Account. You may reject the arbitration agreement but only if we receive from you a written notice of rejection within 30 days of the effective date of this arbitration agreement, the effective date of a modification to this arbitration agreement, or your receipt of the Card after your Account is opened, whichever is later. You must send the notice of rejection to: Capital One, P.O. Box 30022, Salt Lake City, UT 84130-0022.

Your rejection notice must include your name, address, phone number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under the Customer Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration agreement for this Account. Rejection of arbitration for this Account will not constitute rejection of any prior or future arbitration agreement between you and us.