ShareBuilder Agreements

Capital One Investing, LLC Web Site Terms of Use

(Effective April 22, 2011)

Hi. We’re Capital One Investing, LLC based in Washington State. We’re making this web site available to you, as long as you accept these Terms of Use. If you don’t agree to these Terms of Use, we kindly ask you to not use our web site (thanks in advance).

At our sole discretion and without prior notice, we may amend these Terms of Use at any time. After we post an amended Terms of Use, your continued use of our web site let’s us know you accept any and all changes within the Terms of Use.

Oh, in case you’re wondering, this web site is available through:

Capital One Investing, LLC
83 South King Street
Suite 700
Seattle, WA 98104

Telephone: (206) 805-0800
Fax: (206) 805-0803
http://www.sharebuilder.com

Use of Web Site Content

We provide this web site and its contents for your personal, non-commercial use – only.

For your personal use, you may download a copy of content found on our web site to a computer. Also, you aren’t allowed to delete or change any copyright, trademark or other proprietary notice. Except as provided in these Terms of Use, you may not reproduce, download, retransmit, republish, distribute, or make multiple copies of our web site’s content without our prior written permission.

You may not take any actions that alter or interfere with the content or functionality of the web site, or "mirror" any content contained on this web site on any other server.

If you breach any of these Terms of Use, your right to use this web site terminates automatically.

You agree not to post or transmit to or from this web site any unlawful material that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any other material, which may lead to civil or criminal liability under the law.

If you use bots, spiders, or other automated information-gathering device(s) or programming routines to gather information from this web site, with the intent to display it on a web site or service sponsored by a third party, you understand that such practices aren’t allowed under any circumstances.

Any unauthorized use of any content found on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Communications with Capital One Investing, LLC

We (Capital One Investing, LLC) welcome your comments. However, we won’t accept or consider any creative ideas or suggestions related to products or marketing plans unless we have specifically requested them in writing.

We kindly ask you not to send us any creative or original materials. Any communication or material you transmit to this web site by electronic mail (or other means) is treated as non-confidential and non-proprietary.

Disclaimer of Warranty

We (Capital One Investing, LLC) don’t guarantee that our web site or its content or operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components.

You agree to use the web site at your own risk. Without limiting the foregoing, we provide the web site “as is” and 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. Some jurisdictions may not allow exclusion of implied warranties, and the above exclusions may not apply to you.

Limitation of Liability

Neither Capital One Investing, LLC nor any third party who creates or delivers the web site is liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the web site, or your inability to use the web site, even if Capital One Investing, LLC has been advised of the possibility of such damages. In any event, Capital One Investing, LLC total liability under any theory arising out of the web site or its use is limited to $200.

Links

From time-to-time, the ShareBuilder web site may display links to third-party sponsored web sites.

Capital One Investing, LLC isn’t responsible for the content or operation of third-party web sites. And, the presence of third-party links doesn’t constitute an endorsement of such web sites or third-party sponsors. As always, please use discretion when browsing the Internet.

"Deep linking" to interior pages on our web site isn’t authorized. Also, you may not link the ShareBuilder web site in such a way that pages of the web site display within a frame on a third-party website, or display on a browser screen accompanied by advertising or other content not found on this web site.

No links to the web site imply an endorsement, agency, joint venture, or similar relationship between Capital One Investing, LLC and any third party.

Copyrights

All the content included on this web site, including, but not limited to: text, graphics, logos, button icons, images, audio clips, and software, are property of Capital One Investing, LLC or its content suppliers, and is protected by U.S. and international copyright laws.

Also, it takes a lot of effort to put together the content on this web site. That’s why the collection, arrangement and assembly of all content is the exclusive property of Capital One Investing, LLC and is protected by U.S. and international copyright laws.

All software used on this web site is the property of Capital One Investing, LLC or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

Capital One Investing, LLC uses and displays registered and unregistered Trademarks, service marks, and logos on this web site, which belong to us and others.

Nothing on this Site construe granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Further, displaying a Trademark without the written permission of the Trademark owner is prohibited. As a heads-up, that’s why we aggressively enforce (to the fullest extent of the law) any misuse of our intellectual property.

Further, unless we approve it in writing, you aren’t authorized to use a Trademark as a link to this web site.

A partial list of U.S. Trademarks owned by Capital One Holdings, LLC and Capital One Investing LLC, its wholly owned subsidiary follows.

The Trademarks followed by an asterisk (*) are registered trademarks of Capital One Holdings, LLC and Capital One Investing, LLC, its wholly owned subsidiary.

  • Capital One Investing
  • Capital One Investing, LLC
  • Capital One Holdings, LLC
  • Capital One ShareBuilder, Inc.
  • ShareBuilder Securities Corporation
  • ShareBuilder.com
  • Netstock Direct*
  • Netstock.com
  • Netstock
  • Netstock Direct and Design
  • ShareBuilder
  • Kidstock.com
  • Kidstock
  • Netstock

Do you have questions about the use of these Trademarks, or Trademarks you think belong to us, but don’t appear on this list? Please call us (206) 805-0800 to find out.

Patents

The web site contains proprietary information and content, operational aspects, and associated technology that are the subjects of an application for patent protection filed with the United States Patent and Trademark Office (Patent Pending).

Except as expressly provided in these Terms of Use, Capital One Investing, LLC, and its content suppliers don’t grant you any express or implied license or right under any patents, patent applications, or other intellectual property.

Other

The laws of the State of Washington govern these Terms of Use, as applied to contracts entered into between Washington residents and performed in Washington.

Any dispute that arises from these Terms of Use, or your use of the web site, will be heard only in the state or federal courts located in King County, Washington. Therefore, you consent and submit to the personal jurisdiction of such courts.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

These Terms of Use (and the Account Terms and Conditions, to the extent that use of the web site involves your ShareBuilder Account) state the entire agreement between the parties relating to use of the web site.

The Terms of Use may not be amended except as provided above.

At their sole discretion, Capital One Investing, LLC and its affiliates reserve the right to refuse access or service, terminate accounts, and/or cancel orders.