Capital One Dining Terms of Service

Updated: July 22, 2022

Welcome and thank you for your interest in the Capital One Dining website and mobile properties (“Capital One Dining”). The term "Capital One" in these Terms of Service means Capital One, N.A. The terms "Capital One Dining" or "we" or "us" or "our" in these Terms of Service means Capital One Dining, which is a service of Capital One, N.A., with offices at 1680 Capital One Drive, McLean, Virginia.

Capital One Dining provides the materials through its website, www.dining.capitalone.com, and mobile properties on the World Wide Web (collectively, the “Site” or “Sites”) as a service to our customers and visitors. Capital One Dining requires that all visitors and users of the Site (“Users” or “you” or “your”) adhere to the following Terms of Service, which apply to your direct and indirect use of the Services.

Some of the services made available through Capital One Dining are offered through SevenRooms (“SevenRooms”), along with its related third parties and websites, and certain event ticketing services are offered through the Capital One Entertainment ticketing platform (“Capital One Entertainment”) and Capital One’s pre-sales and events page, along with its related third parties and websites (“Capital One Pre-sales”). Your use of the services offered through Capital One Entertainment, Capital One Pre-sales, SevenRooms and other third parties that may be linked to from the Sites will also be governed by their respective terms and conditions and privacy policies, as applicable and without limiting these Terms of Service.

Capital One Dining facilitates the creation and management of online reservations with restaurants (each, a “Location”), offered in partnership with SevenRooms, and connects customers to other culinary events (each, an “Event”) through Capital One Entertainment or Capital One Pre-sales, as applicable (collectively, the “Service” or “Services”).

Acceptance of the Terms

Please carefully read the following Terms of Service and all other rules and guidelines that we may communicate to you from time to time through the Service (collectively, the “Terms”), which create a binding legal contract between you and Capital One. By accessing the Site or using the Services, you indicate your acknowledgement of these Terms and you agree to be bound by and comply with the Terms without limitation or qualification. From time to time, we may change these terms. We recommend that you review them on a regular basis. If at any time you do not agree to these Terms, you must immediately stop using the Service.

Who Can Use Capital One Dining

To use Capital One Dining, you must be a Capital One cardholder with an eligible rewards-earning credit card, in good standing, at least 18 years old, either (i) a primary account holder, account manager or authorized user for an eligible consumer credit card or (ii) a primary account holder, account manager or authorized user for an eligible small business credit card, and not suspended from Capital One Dining or the Services for any reason. Eligible cards include US-issued, Capital One branded rewards-earning consumer and small business credit cards. Capital One debit cards, private label retail credit cards, and co-brand partner cards are not eligible.

By using Capital One Dining, you represent and warrant that any account information you submit is true and accurate, that you are 18 years of age or older and fully able and competent to enter into and abide by these Terms, and are an eligible Capital One credit cardholder.

Except as otherwise expressly provided in these Terms, the Services available through Capital One Dining are for personal, non-commercial use only. You may only use Capital One Dining to make bona fide reservations, bookings or purchases for you or other persons for whom you are authorized to act. You represent and warrant that you are not using Capital One Dining on behalf of any other third person or entity, or for any commercial purpose. You shall not use Capital One Dining to make any false or fraudulent reservations, bookings or purchases.

We reserve the right to refuse access to Capital One Dining or to limit or take away your access at any time and may take all available legal recourse for actual or suspected violations of these Terms, including cancellation of reservations or bookings and closure of your Capital One credit card account. Any delay by Capital One in taking such actions does not constitute a waiver of Capital One’s or Capital One Dining’s rights to enforce these Terms. By making Capital One Dining and the Services available for your use, Capital One does not consent to act as your agent or fiduciary. Use of the Services is void where prohibited.

As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these Terms.

Reservation/Booking Services

Restaurant Reservations: Capital One Dining provides the reservation Services to enable Users to make online reservations at participating Locations. To make a reservation, you must provide your name, phone number, and email address. In some instances, payment information or advance payment may be required. You may also optionally provide additional personal information, such as dietary preferences, special occasions, and requests for a Location. By providing your email address, you agree to receive information about your reservation and the Services via email. All reservations are subject to the availability of the Locations for your specified time, date and party, and are not confirmed until you have received a confirmation email from Capital One Dining. By making a reservation, you agree that Capital One may share your Capital One Dining information to the following parties to complete your reservation and offer the Services in accordance with these Terms and our Privacy Policy: SevenRooms, the Location, and other third-party intermediaries and partners who may be located overseas, as required to complete your reservation. Capital One is not responsible for the use of your information by any third party partners.
Capital One Dining Exclusive Reservations: The number of seats set aside for cardholder-exclusive reservations varies by venue, capacity, and other circumstances. These reservations are limited, offered on a first-come, first-served basis, and are not available for all Locations.
Experiences and Events: Experiences and Events found on Capital One Dining may be offered through Capital One Entertainment, Capital One Pre-sales, or other third parties. The availability and other terms of such experiences and Events will be governed by their respective terms and conditions, and the terms and conditions of Capital One Entertainment, as applicable.
Pre-sales: The number of pre-sale tickets set aside for eligible cardholders varies by venue, capacity, and other circumstances. Quantities are limited and offered on a first-come, first-served basis. Additionally, pre-sale tickets may be offered through Capital One Entertainment, Capital One Pre-sales, or other third parties. The availability and other terms of such pre-sale tickets will be governed by the respective Event’s terms and conditions, and the terms and conditions of Capital One Entertainment as applicable.
Age Restrictions; Photo Identification: Users must be at least 18 years old to make a purchase or reservation through the Services. Members of a party under 18 must be accompanied by an adult. Guests must be of legal drinking age to consume alcoholic beverages with valid proof of identification. If consuming alcohol, guests are encouraged to drink responsibly.

Reservation/Booking Policies and Payments

Reservations or bookings are subject to the terms and rules of each Location or Event, as applicable.

Payment Information: Some Locations or Events may require that you provide your credit card information to make a reservation; for example, if the reservation is for a large party or a special event.
Pre-payment and Payment Methods: Some Locations or Events may require a pre-payment for all or a portion of the dining service or experience, including a service fee, which is a fee set by the Location or Event that may help cover administrative costs or other costs associated with reservation management. If a Location or an Event requires payment by a User at the time of reservation or booking, Capital One Dining may facilitate your payment to the Location or Event provider through SevenRooms and Stripe or another third-party payment system in accordance with our Privacy Policy. By using the Service, you are requesting Capital One to create one or more virtual card numbers (“VCN”) to give Location or Event providers to make payments. Any VCNs used in connection with the Service will also be subject to Capital One’s Virtual Card Number Terms and Conditions. You agree to pay the stated amount to the Location or Event provider. Payments by credit card will appear on your monthly card statement as a charge from the Location, Event, or Event provider, as applicable. You may view the specific Location or Event you booked on the Sites under “My Reservations.”
Payment Issues and Fraud: Capital One Dining may cancel a booking in the event of non-payment, payment dispute, fraud, or suspected fraud, and penalties imposed by the Location or Event, up to the full amount of each ticket/reservation, may be applied.
Reservation No-Show and Cancellation Fees: You must adhere to each Location’s reservation, payment, and cancellation policies. If a Location has a cancellation or booking policy, and has required that you provide a credit card or deposit to confirm your reservation, Capital One Dining will provide you with the Location’s cancellation or booking policy when you make your reservation. You agree to pay any applicable Location cancellation or no-show fees or deposits in accordance with the Location’s cancellation or booking policy. Capital One Dining may facilitate your payment to the Location through SevenRooms and Stripe or another third-party payment system in accordance with our Privacy Policy. You may dispute any no-show (failure to appear to claim your reservation at the time scheduled, in accordance with the Location’s policy) by contacting the Location. The final determination of a no-show will be made by the Location at its sole discretion. If a Location does not provide its own cancellation or no-show policy, Capital One Dining requests that you provide at least 24 hours’ notice of cancellation of a reservation made through the Service, either by contacting the Location directly or through the Service.
Pre-paid Dining Cancellations and Changes: Pre-paid dining is generally non-refundable. However, a Location may choose in its sole discretion to refund your pre-paid dining purchase upon your cancellation. Any refund will be processed directly by the applicable Location. Once purchased, you cannot make any changes to pre-paid dining reservations through Capital One Dining. If you need to make any changes to a pre-paid dining reservation, or have questions about a refund, you must contact the Location directly to update or manage your reservation. No-shows for pre-paid dining will result in a forfeiture of all payments made and used by you in connection with the reservation, without credit due. Please note: The cancellation policy for reservations or bookings made through Capital One Dining may differ from the cancellation policy for reservations made directly with a Location or Event.
COVID-19 Restrictions and Policies: Due to the uncertainty related to the COVID-19 pandemic, your reservations and bookings are subject to all Location and Event safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the Location or Event may continue to develop and update these policies in the intervening time between your reservation or booking and the event date. By using the Services, you acknowledge and agree that you will comply with such policies and your attendance at a Location or Event is conditioned on such compliance. If your admission to a Location or Event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the applicable venue, you will not be eligible for any compensation; and you may be subject to cancellation or no-show fees under the Location’s Payment Policy. If a pre-paid dining reservation is canceled or postponed by a Location due to COVID-19 restrictions or staffing shortages, you must contact the restaurant directly to request a refund or to discuss changes to your booking. Refunds and changes to bookings related to COVID-19 cancellations or postponements will be handled directly by, and in the sole discretion of, the respective Location.
Changes and Refunds for Event Tickets: Tickets and Events booked through Capital One Entertainment, Capital One Pre-sales, or other third parties will be subject to their respective refund and cancellation policies.
Accessibility: Account holders and members of their party should contact the venue or property, as applicable, with any questions on accessibility or accommodations. Capital One makes no representations and does not guarantee any requested accommodation will be provided.

Privacy Policy

By accessing and using the Site or the Services, you consent to the collection, use, and sharing of certain information about you, as specified in the Capital One Online Privacy Policy (the “Privacy Policy”). Capital One encourages users of the Services to frequently check the Privacy Policy for changes. By accessing the Site and Services, you represent and warrant that you have read and understand, and agree to be bound by our Privacy Policy, which is available here (https://www.capitalone.com/privacy/online-privacy-policy) and is incorporated herein by reference.

Account Information and Responsibilities of Users

In order to use the Services and receive information about your use of the Services, you must create a Capital One Dining account. You represent and warrant that the information you provide during Capital One Dining account creation and at all other times will be true, accurate, current, and complete, and that you will keep such information accurate and up-to-date at all times.

You agree that Capital One and Capital One Dining may access, preserve and disclose your account information and any information provided by a User to the Location, Event provider, SevenRooms, or related third-party intermediary, as applicable, for the purposes of providing and rendering the Services (“User Content”), or if otherwise required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy, available here.

As a User, you will have login information, including a username and password. You should not share your account information with, or allow access to your account by, any third party. You are responsible for all activity that occurs under your access credentials. You are solely responsible for your own losses or losses incurred by Capital One and others (including other Users) due to any unauthorized use of your account.

Rules and Regulations

All reservations and bookings made through Capital One Dining shall comply with all applicable governmental laws, rules and regulations. Any reservation or booking made, or in good faith believed to be made, in violation of applicable law, will be canceled by Capital One Dining, in its sole discretion, with no liability to you other than to issue a refund, if applicable and permitted.

Ownership and Proprietary Rights

Capital One Dining is owned by Capital One. The content, features, tools, materials, visual interfaces, graphics, data, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Services (“Capital One Dining Content”) are protected by United States and international copyright, trade dress, patent, trademark, and all other relevant intellectual property and proprietary rights and applicable laws. All Capital One Dining Content is the copyrighted property of Capital One or its partners, subsidiaries or affiliated companies and/or licensors, as applicable. All trademarks, service marks, and trade names are proprietary to Capital One or its affiliates and/or third parties. For the avoidance of doubt, “Capital One Dining” is a trademark of Capital One. Other product, brand, and company names and logos used on the Sites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Sites without the prior written consent of Capital One or the owner of the mark, as appropriate, is strictly prohibited. You will not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or Capital One Dining Content, and nothing herein grants you any right or license under any intellectual property rights of Capital One or any third party beyond the limited rights to access and use the Services. These Terms do not grant any User any license, right, or interest in any trademarks of Capital One or any third party.

If you submit User Content via the Service, you grant Capital One a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such User Content, in accordance with these Terms and our Privacy Policy. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the User Content is accurate; and that use of your User Content does not violate these Terms and will not cause injury to any person or entity. You will indemnify Capital One for all claims resulting from your User Content. Capital One has the right, but not the obligation, to monitor and edit or remove any User Content in its sole discretion. Capital One takes no responsibility and assumes no liability for any User Content.

Additional Restrictions

The Service is made available strictly for your personal use, and you agree to honor any reservations made through the Service by arriving to the Location at the time specified in your reservation and paying the bill in full. You agree not to make more than one (1) reservation through the Service for a specific seating (at a given date and time). Resale or attempted resale of any reservation is prohibited. You will not use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will not do or attempt to:

Modify, create derivative works of, translate, reverse engineer, decompile, disassemble or hack the Service, Capital One Dining, Capital One Dining Content, User Content, or any elements thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any part of the Service, use of the Service, access to the Site, or content obtained through the Service for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
Use any robot, spider, scraper, or other automated means to access or scrape the Service, except by bona fide search engines periodically indexing the Service as part of a process of indexing sites and services available on the internet generally;
Frame or otherwise enclose any Capital One trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another individual, including by providing misleading information in any reviews or to any feedback or rating system that may be employed through the Service;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Services, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
Use the Service in any manner that violates any federal, state or local laws, rules or regulations, or the rights of any third party.

Modification of the Terms

We may update or modify the Terms at any time without prior notice. These Terms will identify the date of last update. Your use of the Services or access of the Site following any such change constitutes your agreement to be bound by the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to check these Terms frequently to stay informed of the latest modifications.

Third Party Content

The Services, and marketing and servicing communications related to the Services, may contain links to third-party websites, services and applications (collectively, “Third Party Content”) including links to Location websites which are not under the control of Capital One.

When you click on a link to Third Party Content, we may not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Content is not under the control of Capital One, and Capital One is not responsible for such content or sites. We provide Third Party Content only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use all Third Party Content at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Content and should make whatever investigation you feel necessary or appropriate before proceeding with any interaction or transaction with any third party.

IN NO EVENT WILL CAPITAL ONE DINING, CAPITAL ONE, OR ITS AFFILIATED COMPANIES, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEBSITE OR OTHER THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY TERMS OF USE, TERMS OF SERVICE, OR OTHER AGREEMENTS OR POLICIES THAT GOVERN YOUR USE OF ANY THIRD PARTY CONTENT THAT YOU MAY VISIT WHILE USING THE SERVICES OR TO WHICH YOU MAY BE REFERRED BY THE SERVICES OR IN CONNECTION WITH THE SERVICES.

Termination

Capital One, in its sole discretion, may terminate or suspend your access to the Services or your Capital One Dining Account, discontinue the Services, or terminate any license or permission granted to you hereunder, with or without notice, at any time for any reason not prohibited by law. Capital One will not be liable to you or any third party for any such termination. Without limiting the foregoing, Capital One may suspend or terminate your Capital One Dining account or access to the Services if you are a no-show to three (3) or more reservations within a one (1) year period, as such “no-show” is set forth in the Reservation/Booking Policies and Payments Section. Capital One may terminate your access in cases of actual or suspected fraud, abuse of the Services, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Capital One may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) these Terms, (iii) any policy or practice of Capital One in operating the Services, or (iv) any content or information transmitted or made available through the Service, is to request that Capital One Dining correct the matter or, if Capital One Dining fails to do so, discontinue your use of the Services.

This Termination Section, and the Sections titled Privacy Policy; Ownership and Property Rights; Indemnity; Disclaimer of Warranty; Limitation of Liability; Force Majeure; Governing Law and Dispute Resolution; Third Party Beneficiaries; Notices; Consent to Electronic Communications; Digital Millennium Copyright Act; and Miscellaneous will survive any termination of these Terms.

Indemnity

You agree to indemnify and hold harmless Capital One and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and its and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Services (including your use or misuse of Third Party Content); (ii) your User Content; (iii) your violation of these Terms; and (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights. Capital One may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims and, for the avoidance of doubt, subject to indemnification for any such attorneys’ fees and costs. You may not settle any matter subject to indemnification under this Section without prior written consent from Capital One. You acknowledge that damages from improper use of the Services may be irreparable; therefore, Capital One is entitled to seek equitable relief in addition to all other remedies. In the event of a dispute with Capital One arising out of or in connection with use of the Services or these Terms, you agree you will be responsible for paying Capital One’s attorneys’ fees and costs.

Disclaimer of Warranty

YOUR USE OF THE CAPITAL ONE DINING SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPITAL ONE, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CAPITAL ONE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. CAPITAL ONE DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; 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. CAPITAL ONE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSSES OR OTHER HARM THAT YOU MAY INCUR THROUGH OUR NEGLIGENCE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICES SHALL BE TO REQUEST THAT CAPITAL ONE CORRECT THE MATTER OR, IF CAPITAL ONE FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE CAPITAL ONE DINING SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE CAPITAL ONE DINING SERVICES, INCLUDING ANY LOSS OF OR HARM TO YOUR COMPUTER OR MOBILE DEVICE. CAPITAL ONE RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ANY PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. CAPITAL ONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND CAPITAL ONE IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

The content that you access on the Site is provided solely for your convenience and information. We do not warrant or make any representations regarding the results that may be obtained from the use of the Site or Services in terms of their correctness, accuracy, reliability, timeliness, completeness, or otherwise, including, without limitation, the quality, and/or timing of any dining service purchased from or reserved through third-parties via the Services. Capital One shall not be liable for delay, damage, or failure in performance resulting from causes beyond Capital One’s reasonable control, including, without limitation, delays and other problems inherent in the use of internet and electronic communications, force majeure, or the actions or omissions of third-parties.

THE PROVISION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS, SERVICES OR MERCHANTS IN THE SERVICES OR ENABLING PURCHASE OR RESERVATION OF PRODUCTS OR SERVICES VIA THE SERVICES IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY PRODUCT, SERVICE, MERCHANT OR OTHER THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL CAPITAL ONE, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR ANY RELATED COMPANIES, AND ITS AND THEIR OFFICERS OR DIRECTORS (THE “CAPITAL ONE ENTITIES”), OR LOCATIONS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A LOCATION (II) YOUR USE OF THE SERVICE, CAPITAL ONE DINING CONTENT, OR THE SITE; OR (III) THE COMPLIANCE OR NON-COMPLIANCE OF A LOCATION IN CONJUNCTION WITH THE SERVICE, WHETHER BASED IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF CAPITAL ONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LOCATIONS OR CAPITAL ONE ENTITIES BE LIABLE IN THE AGGREGATE FOR ANY DIRECT DAMAGES ARISING OUT OF THE SERVICE OR CLAIMED UNDER THESE TERMS GREATER THAN ONE HUNDRED DOLLARS ($100).

APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE CAPITAL ONE ENTITIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT CAPITAL ONE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

Force Majeure

Capital One and Capital One Dining shall not be deemed in default or otherwise liable under these Terms due to their inability to perform their obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by Capital One or Capital One Dining), any failure or delay of any transportation, power, or communications system or any other similar cause not under the control of Capital One or Capital One Dining.

Governing Law and Dispute Resolution

These Terms and any disputes arising from these Terms or the Site or Services, for all purposes, will be governed and interpreted according to the laws of the Commonwealth of Virginia, without giving effect to its conflicts of laws provisions that would require a different result. In any dispute between you and Capital One or its affiliates related to Capital One Dining or these Terms, the action will be subject to the exclusive and mandatory jurisdiction of the state and federal courts located in Virginia. You hereby irrevocably submit to personal jurisdiction in the state and federal courts located in Virginia and waive any defense of inconvenient forum.

Third Party Beneficiaries

Other than Capital One Dining, Capital One and its affiliates, no other person or company will be third party beneficiaries to the Terms.

Notices

Capital One may provide you with notices by mail, electronic mail, or postings on the Service or Site. You may provide Capital One Dining with notices by United States Registered Mail sent to Capital One (attn: Capital One Dining), 1680 Capital One Drive McLean, VA 22102. If notice is provided by email, notice will be deemed given twenty-four hours after email is sent, unless Capital One is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.

Consent to Electronic Communications

By using the Services, you consent to receiving electronic communications from Capital One, Capital One Dining, Capital One Entertainment, Event providers, SevenRooms, Locations, and other third parties related to the Services. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Services, including without limitation any SMS / text messaging fees, data charges, and other fees.

Digital Millennium Copyright Act

DMCA Notifications: In compliance with the Digital Millennium Copyright Act, Capital One Financial Corporation has designated an agent to receive notifications of alleged copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice, including all of the following information: (i.) a description of the work allegedly infringed; (ii.) a description of the location of the allegedly infringing work, including the URL; (iii.) your name, address, telephone number, and email address; (iv.) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (v.) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization.
DMCA Counter-Notifications: If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a DMCA takedown notification, you may contest the takedown by submitting a DMCA counter notification. The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3). If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or Capital One determines, at its sole discretion, that the content at issue is not appropriate for inclusion.
Submission of DMCA Notifications and Counter-Notifications

DMCA Notifications and Counter-Notifications must be submitted to:

DMCA Agent (attn: Capital One Dining)

Capital One Services, LLC

15000 Capital One Drive

Richmond, VA 23238

Email: dmca@capitalone.com

Capital One reserves the right to terminate users of the Services who are repeat infringers, as determined by Capital One Dining in its sole discretion.

Contacting Capital One Dining

For any questions you may have, please first consult the Capital One Dining Frequently Asked Questions, which may be accessed at https://www.capitalone.com/credit-cards/benefits/dining/. For additional questions, comments, or issues related to the Services, please call Capital One at 1-877-383-4802 or visit https://www.capitalone.com/support-center/contact-us.

Miscellaneous

No agency, partnership, joint venture or other relationship is intended or created by your use of the Site or Services. The Terms and the Privacy Policy are the entire agreement between you and Capital One relating to the Service, and supersede all previous communications, representations, understandings and agreements, either oral or written, between you and Capital One with respect to the Service. If any provision of these Terms is held unenforceable or invalid by a court of competent jurisdiction, such provision will be severed, and the remaining provisions will remain in full force and effect. Capital One’s failure to enforce any provision of these Terms will not waive any prior or future performance of any such provision. No joint venture, partnership, employment, or agency relationship exists between you and Capital One as a result of these Terms or your use of the Service. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Capital One without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all of Capital One’s assets. Any assignment attempted to be made in violation of these Terms will be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement; except as such headings are listed to identify, and are intended to be used in the interpretation of, the survival of Sections upon termination of this Agreement. As used herein, “include” and its derivatives is exemplary, not exhaustive, and “may” means “has the right, but not the obligation, to.”