ShareBuilder Agreements

ShareBuilder Mobile Terms and Conditions

1) Acknowledgements and Representations

First things first: ShareBuilder Mobile is a service provided by Capital One ShareBuilder, Inc. (that's us). When your eyes see the words “our”, “us”, and “we” it refers to Capital One ShareBuilder, Inc.

By using our mobile application ("ShareBuilder Mobile"), you kindly acknowledge and represent that:

• You’ve read and understood these Terms and Conditions.
• The Terms and Conditions for ShareBuilder Mobile supplement the General Terms and Conditions, to which you’ve also agreed to be bound.
• When you click on “ACCEPT”, this is the same as signing our Agreement. And by signing it electronically, we’re all saving trees.

2) Network Usage

Capital One ShareBuilder doesn’t charge a fee to use ShareBuilder Mobile. But, your mobile service provider may charge you a data network usage fee.

3) Content and Service Limitations

Most mobile devices have a limited screen size, which means regulatory disclaimers and other important content and notifications found on the ShareBuilder web site may not appear within ShareBuilder Mobile.

Before using ShareBuilder Mobile, you acknowledge you’re familiar with the disclaimers, notifications and other information contained in the ShareBuilder web site and you acknowledge that they also apply to your use of ShareBuilder Mobile.

Further, we’ve made only certain services and market content available within ShareBuilder Mobile. Thus, you acknowledge and accept these limitations.

4) Market Data, News, Quotes, and Other Information

ShareBuilder Mobile is for your personal use, only. Therefore, you kindly agree not to retransmit or republish (in any form), the market data, news, and other information available in ShareBuilder Mobile.

The information we provide to you is from third party sources, which we believe to be reliable. You accept that the information is presented to you on a best efforts basis and that Capital One ShareBuilder doesn’t guarantee the accuracy or completeness of any information.

You agree to waive any claims against Capital One ShareBuilder, its affiliates and its successors related to third party sources. You also acknowledge any third party information we provide to you through ShareBuilder Mobile doesn’t constitute a recommendation to buy or sell any security.

5) Wireless Transmission Errors, Limitation

Further, you acknowledge that wireless coverage limitations, wireless data transmission errors, device errors, and other factors outside of Capital One ShareBuilder’s control can impair the reliability of data transmissions to and from your telephone or other mobile device while you’re using or attempt to use ShareBuilder Mobile. This includes (but is not limited to) quotes or other market information, which may be corrupted or delayed due to wireless transmission errors. Thus, transactions you place might be delayed or lost due to such transmission errors, and other problems may occur that are beyond Capital One ShareBuilder’s control.

If you are experiencing connectivity problems, data transmission issues or other mobile device errors, Capital One ShareBuilder recommends that you complete the desired actions through the web site at www.sharebuilder.com and not through ShareBuilder Mobile. You waive any claims against Capital One ShareBuilder, its affiliates and successors relating to any and all errors, losses or other claims caused directly or indirectly by wireless coverage limitations, wireless data transmission errors, device errors, or ShareBuilder Mobile errors.

6) Data Security and Privacy

Although Capital One ShareBuilder has employed encryption, firewalls, and other precautions to protect the security, integrity and confidentiality of data you transmit via ShareBuilder Mobile, wireless data transmissions may be more vulnerable to interception, and certain wireless devices may be more vulnerable to intrusion by persons seeking to exploit and misuse your data or data transmissions.

You agree to keep your mobile device secure and to accept all risk of loss or other harm caused by use of wireless communications to view and transmit information and engage in transactions using ShareBuilder Mobile.

You waive any claims against Capital One ShareBuilder, its affiliates and its successors relating to losses or other harm caused by data security or other privacy breaches arising out of your use of wireless communications and ShareBuilder Mobile.

Capital One ShareBuilder uses Omniture to track ShareBuilder Mobile app usage. Although Capital One ShareBuilder does not allow Omniture to capture or transmit any detailed transactional, banking, credit card, or other personal financial information, the data collected does include the nature of the service used and a unique customer identifier that Capital One ShareBuilder (not Omniture) can use to associate the data with individual customers. This data will be used to improve ShareBuilder Mobile and the services we offer. To learn more about Omniture, visit their website at www.omniture.com.

7) Waiver, Modifications and Amendments

At our sole discretion and without prior notice, we may amend this agreement at any time.

After we post an amended agreement, your continued use of ShareBuilder Mobile let’s us know you accept any and all changes within this agreement.

A copy of this agreement is available for your viewing pleasure on the ShareBuilder web site and inside ShareBuilder Mobile.