Grade F — Predatory terms (score 48/100)
Capital One Shopping's Terms combine forced binding arbitration with a 30-day opt-out, a perpetual irrevocable license to user content, a $100 liability cap, and unilateral modifications via passive posting only.
Forced arbitration, perpetual content license, $100 liability cap, unilateral changes
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 OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Forced binding arbitration bundling class-action and jury waivers into one sentence.
You may reject the arbitration agreement but only if we receive notice of rejection from you within 30 days of the effective date of this arbitration agreement
Arbitration opt-out is online but time-limited to 30 days; per the rubric short-window opt-outs still count as forced arbitration.
you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content
Company claims a perpetual, irrevocable, fully sublicensable license to user content that survives termination by definition.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF CAPITAL ONE SHOPPING... IS $100.
Aggregate liability is capped at $100 for a free service, effectively limiting consumer remedies.
CAPITAL ONE SHOPPING RESERVES THE RIGHT TO CHANGE THESE TERMS OR THE PRIVACY POLICY AT ANY TIME. Notice of any material change will be given by the posting of a new version or a change notice on the Sites.
Terms can be changed at any time with passive on-site posting only; continued use constitutes acceptance.
We may suspend or terminate your access to the Services or your Capital One Shopping Account (if applicable) at any time without notice for any reason not prohibited by law.
Company can terminate accounts at any time, for any reason, with no prior notice.
In any dispute between you and Capital One Shopping, that action will be subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia.
All disputes must be resolved in Virginia courts regardless of user location.
You agree to indemnify, defend, and hold harmless Capital One Shopping... from and against any and all losses and threatened losses, including attorney fees... you agree you will be responsible for paying Capital One Shopping's attorneys' fees and costs.
Broad one-sided indemnification plus user must always pay the company's attorneys' fees in disputes.
...and (b) the right to use the name that you submit in connection with your User Content, if we choose.
Company reserves the right to use your name alongside your content without separate consent.
Shopping Rewards obtained via the Services are provided to you under a limited, personal, revocable, non-transferable... license to use within the Services. You have no property interest, right, or title in or to any Shopping Rewards... All Shopping Rewards remain the sole property of Capital One Shopping.
Earned Shopping Rewards are a revocable license; balance is forfeited on account closure.
you may terminate your Capital One Shopping Account by navigating to the settings page on capitaloneshopping.com or in the Mobile App, clicking the relevant account deletion button, and satisfying any subsequent prompts.
Users have a self-serve, in-product account deletion flow.
CAPITAL ONE SHOPPING DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Document is silent on safeguarding user data and disclaims security responsibility.
Last reviewed 2026-09-15 under rubric v3.5.