The Capital One Small Business Community ("slingshot"), which is sponsored by Capital One, is an online community that provides its Registered Users (and Guests) with certain communications tools, forums, events and other services. These features, and any new features adopted by slingshot, (collectively, the "Services") are subject to the following terms and conditions of use, and the attached License Agreement ("TOS"). The Services are intended to be provided to and used by businesses located in the United States and for users over the age of eighteen (18) only. Your access or use of this slingshot website ("Site") constitutes your agreement with Capital One to be bound by, and to act in accordance with, the TOS. "You" and "Your" refers both to the individual who uses this Site and, if applicable, to the small business that You represent. slingshot, in its sole discretion, may deny further access to a Registered User (or Guest) it believes is violating or intends to violate the TOS. If You become a Registered User of the Site and the Services, You will be asked to re-accept these TOS at the time of registration.

Use of the Services and this Site is governed by our Privacy Policy, which is incorporated into these TOS by reference. Content on this Site includes General Content and Business User Content (collectively, the "Content"). "General Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages or other general content on the Site made available by Capital One or its Registered Users, including any Submissions (defined below). "Business User Content" means any trademarks, service marks, logos, pricing information and business names that a Registered User posts to the Site on behalf of its business. Different rights, obligations and restrictions apply to each type of Content. You should carefully review these TOS for such rights, obligations and restrictions.

The information is provided for your internal use only and may not be copied or redistributed for any reason. This information is provided "as is" without warranty of any kind. The information is the intellectual property of the provider or its information providers. In no event will provider or its information providers be liable in any way with regard to such information. Your use of the information must in all cases comply with all applicable laws and regulations.

Please click here to review the TOS for Guests (non-registered users).

Please click here to review the TOS for Registered Users (both businesses and individuals).



The following terms and conditions apply to users who have not registered on the Site ("Guests"):

NOTIFICATION OF CHANGES

Capital One may, from time to time, change, revise, add, delete, or otherwise modify all or portions of these TOS. If Capital One does this, Capital One will post notice of the changes on the home page of the Site and will indicate at the top of this page the date these TOS were last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the revised and new TOS. If You do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Services or the Site. Please visit the TOS and the home page of the Site to keep up to date with the current terms regarding your use of the Site and the Services.

GUEST CONTENT AND WARRANTY

As a Guest, You will have access only to certain areas of the Site that are accessible by Guests. You will have access to certain Content and You understand and agree that Capital One does not guarantee the accuracy, reliability, integrity, availability or quality of any Content. The Services, the Site and all Content available on or through it are provided to You "as is," "with all faults," and on an "as available" basis, and Capital One expressly disclaims all warranties, express or implied.

In addition, Capital One makes no warranty that: (i) the Site will be available or in operation; (ii) access to, and operation and use of the Site will meet your requirements; (iii) access to the Site will be uninterrupted, timely, secure, free from viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iv) the results that may be obtained from use of the Site, if any, will be accurate or reliable; or (v) any defects will be corrected.

GUEST USER CODE OF CONDUCT

By using this Site, You agree to abide by this Guest User Code of Conduct ("Code of Conduct"). Abiding by this Code of Conduct includes not engaging in any of the below prohibited activities. If You engage in any of the below prohibited activities or otherwise violate the Code of Conduct, Capital One reserves the right to terminate your access to slingshot and the Site immediately. You agree that You shall not:

• Collect or store personal data about other slingshot members, including the gathering or collecting of any email addresses or code on slingshot for the purpose of "spamming" or to use data, addresses, code or other information available on or in connection with slingshot or the Site in violation of any applicable law or for any commercial purpose;


• Gain unauthorized access to the Site, or any account, computer system, or network connected or linked to the Site, whether by hacking, password mining or any other means;


• Send automated requests to slingshot's system or the Site or fraudulently "click through" advertisements or engage in any other similar fraudulent activity without express written permission secured in advance from Capital One;


• Interfere with, disrupt, or create an undue burden on the slingshot system, the Site or the networks or services connected to the Site or Services; or


• Obtain or attempt to obtain any materials or information through any means not intentionally made available through or on the Site.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO GUESTS ARE CONTAINED IN BELOW SECTION IV. YOU AGREE TO REVIEW THESE ADDITIONAL PROVISIONS BEFORE USE OF THE SITE AND THE SERVICES.



The following terms and conditions apply to users who register on the Site ("Registered Users"):

NOTIFICATION OF CHANGES

Capital One may, from time to time, change, revise, add, delete, or otherwise modify all or portions of these TOS. If Capital One does this, Capital One will post notice of the changes on the home page of the Site, post the changes to these TOS on the home page and will indicate at the top of this page the date these TOS were last revised. In addition, Capital One shall do at least one of the following: provide a notice to You in your slingshot inbox or post a message upon your login to slingshot notifying You of such changes. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the revised and new TOS. If You do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Services or the Site. Please visit the TOS area each time You visit the Site to keep up to date with the current terms regarding your use of the Site.

RATINGS

If You are a user registering on behalf of a business ("Business Registered User"), You agree to receive feedback and ratings posted by other Registered Users; such feedback and ratings will be posted in the feedback and other community areas of the Site. You understand and agree that feedback and ratings of (other) Registered Users will be available for other users (including Guests) to see and review. You further understand and agree that Capital One shall not be responsible for any posted feedback or ratings, including any feedback or ratings that may be negative. All posted ratings and feedback are included in, and considered part of, the Content.

As a Registered User, You agree to not take any action that may undermine the integrity of the rating system (including, but not limited to, posting fraudulent or artificial feedback, posting false or defamatory statements about another Registered User, or using excessively abusive language in your feedback).

REGISTERED USER CONTENT AND NO WARRANTY

You understand that Capital One does not create, control or endorse any Content submitted by Registered Users, and the Registered User who posts or submits any Content is solely responsible for it. All Business User Content is the sole responsibility of the user from which such content originated.

DISCLAIMER OF CONTENT

Capital One has the right to regularly monitor and control activity on or associated with the Site and the Services, including the right to pre-screen, delete, move and/or edit any Content, but Capital One is not obligated to monitor or control any activity. You understand that by using the Services or the Site, You may be exposed to Content that is offensive, indecent, erroneous, inaccurate or objectionable, although it is not our intent to expose You to any such Content.

Capital One does not guarantee the accuracy, reliability, integrity or quality of any Content on the Site. Under no circumstances will Capital One be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the posting or use of any Content, whether posted, emailed or otherwise transmitted via or in connection with the Services or the Site. The Services, the Site and all Content available through it or on the Site are provided to You "as is," "with all faults," and on "as available" basis, and Capital One disclaims all express or implied warranties.

In addition, Capital One makes no warranty that (i) the Site will be operational; (ii) the operation of the Site will meet your requirements; (iii) access to the Site will be uninterrupted, timely, secure, free from viruses, worms, Trojan horses or other harmful components, or be free of defects or errors; (iv) the results that may be obtained from the use of the Site will be accurate or reliable; or (v) the defects will be corrected.

REPORT INAPPROPRIATE CONTENT OR BEHAVIOR

If You come across any inappropriate Content or behavior that violates these TOS, including the below Code of Conduct, You should report such incidents to slingshot Support using the feedback button located in the footer of joinslingshot.com.

LICENSE TO USE

Capital One grants You a personal, non-transferable, non-exclusive, and revocable right and license to use the Site and the Services. Capital One may revoke this license at any time in its sole discretion by terminating your access rights or by written notice (including email) to You. You agree not to access the Site and Services by any means other than through the interface that is provided by slingshot for use in accessing the Services. You further agree not to access the Site or the Services if Capital One revokes this limited license granted herein to You.

If You are a Business Registered User, you are subject to your compliance with the TOS and the License Agreement. You are also authorized by Capital One to display a copy of the slingshot trademark on your web page on the Site and in connection with any legitimate and legal marketing or promotional initiative, solely for the purpose of identifying your affiliation with slingshot. You understand and agree that Capital One may revoke this limited license at any time by terminating your access to the Site or by providing you with written notice (including email) of such termination.

PRESERVATION AND DISCLOSURE OF CONTENT

Capital One may preserve Content on the Site that has been deleted and may also disclose such Content, whether currently on the Site or preserved, for any reason Capital One deems necessary, including, without limitation, to: (a) comply with any legal process or requirement; (b) enforce the TOS or the License Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Capital One, its officers, directors, employees, users and/or members of the public.

USER CODE OF CONDUCT

By using this Site, You agree to abide by this User Code of Conduct ("Code of Conduct"). Abiding by this Code of Conduct includes not engaging in any of the below prohibited activities. If You do engage in any of these activities or any other violations of the Code of Conduct, Capital One reserves the right to immediately terminate your registration and to block your use of the Site and Services. You agree that You shall not:

• Engage in behavior that does not support a safe and comfortable environment for all users;


• Use slingshot or its users to engage in any illegal activities, including but not limited to conspiring to or instigating others to violate any law, including copyright law and anti-trust law, to harm the privacy, safety, and security of any users of slingshot, the Site or the Services, or to cause property damage;


• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;


• Collect or store personal data about other slingshot users, including the gathering of any email addresses on slingshot for the purpose of "spamming" or to use any email addresses or other information available or accessible on or via the Site or in connection with the Services in violation of any law or for commercial purposes;


• Request or post any non-public sensitive personal or business information, such as any Social Security Number, Tax Identification Number, credit card numbers, home addresses, or other similar personal information on message boards, business reviews, blogs or other Content areas on the Site or within slingshot.


• "Stalk" or otherwise harass another user or member of the Site, the Services, slingshot or any other person;


• Engage in any anti-competitive or unfair business practice, including, without limitation, the posting of false information about any competitor, interfering with access to or operation of any other Registered User's web page on the Site, engaging in price fixing, or engaging in other similar anti-competitive behavior;


• Create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically direct traffic away from the web page of any Registered User on the Site, or, if You are a Business Registered User, to automatically direct traffic to your web page on the Site;


• If You are a Business Registered User, use the name, servicemark, trademark or any other proprietary data of another Registered User in any metadata or similar search engine location code used in your web page(s) on the Site;


• Upload, post, email, transmit or otherwise make available any Content that:


• You do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


• may otherwise infringe any patent, trademark, trade secret, copyright or other proprietary right of a third party;


• is unlawful, harmful, threatening, abusive, discriminatory, libelous, offensive or obscene, including pornographic or sexually explicit material of any kind;


• is a photograph of another person that You have posted without that person's consent or a valid license to do so;


• contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;


• is a "chain letter," a "pyramid scheme," or any other similar form of solicitation, without Capital One's express written approval; or


• is grossly irrelevant to any part of slingshot, or is determined by Capital One, in its sole discretion, to be in poor taste or harmful to the reputation and goodwill of slingshot and/or Capital One.


• Violate any applicable local, state, national or international law, including, but not limited to: (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and (iv) all rules for your local areas regarding online conduct and acceptable Content;


• Gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;


• Send automated requests to slingshot's system to fraudulently "click through" advertisements or any other similar fraudulent activity without express written permission secured in advance from Capital One;


• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site or the Services;


• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; or


• Sell or otherwise transfer your account without the express written authorization of Capital One.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Capital One may establish general practices and limits concerning use of the Services, including without limitation the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message or attachment that may be sent from or received by an account on the Services, the maximum disk space that may be allotted on slingshot servers on your behalf, the maximum number of times (and the maximum duration for which) You may access the Services in a given period of time, and, if You are a Business Registered User, the maximum number of web pages that You may create on the Site. You agree that Capital One has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by the Services. You acknowledge that Capital One reserves the right to log off Registered Users that are inactive for an extended period of time. You further acknowledge that Capital One reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

USERNAME, PASSWORD AND SECURITY

You agree to create a username and password upon completing the registration process. You agree to be responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Capital One of any unauthorized use of your username or password or any other breach of security. You agree that Capital One cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.



The following terms and conditions apply to both Guests and Registered Users:

CHILD PROTECTION

NO PERSONS UNDER THE AGE OF EIGHTEEN ARE PERMITTED TO USE SLINGSHOT, THE SITE OR THE SERVICES.

SUBMISSIONS

By posting or submitting any materials, information, content, feedback, ratings, comments, suggestions, or ideas to slingshot or to Capital One, including but not limited to any data, text, software, music, sound, video, graphics, drawings, designs, models, ideas, improvements, or inventions, but excluding, if You are a Business Registered User, any Business User Content that You submit (collectively, "Submissions"), You agree to grant to Capital One an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use your Submissions, including, without limitation, the right to copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works of, or incorporate into other works, such Submissions. By posting or submitting a Submission and/or any Business User Content to slingshot or Capital One, You represent that You have the right to post or submit such information on the Site or to Capital One, that the Submission is not subject to any third party rights, and that You have the right to grant such license described above to the Submission, even if these TOS are later modified or terminated. No compensation will be paid with respect to the use of your Submission. Do not make a Submission if You do not agree to these TOS.

COPYRIGHT COMPLAINTS

If You believe that your work has been copied and posted on the Site, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

slingshot's Copyright Agent for notice of claims of copyright infringement can be reached through the feedback button.

INDEMNIFICATION

You agree to defend, indemnify and hold Capital One, its subsidiaries, affiliates, agents, and/or its assigns harmless from any claim or demand made by any third party against any of the foregoing due to or arising out of your use of the Site or Services, and/or any breach by you of the provisions of these TOS.

TERMINATION OF USE

You agree that Capital One, in its sole discretion, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Capital One believes that You have violated or acted inconsistently with the letter or spirit of the TOS. Further, You agree that Capital One shall not be liable to You or any third party for any termination, modification, or suspension of your access to the Services or the Site.

THIRD PARTY LINKS AND ADVERTISERS

The Services or the Site may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Websites or resources. Because Capital One has no control over such persons, sites and resources, You acknowledge and agree that Capital One is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, including for any correspondence or business dealings that You may have with any advertisers. You further acknowledge and agree that Capital One shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

CAPITAL ONE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Services, the Site, and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and is the property of Capital One and/or its subsidiaries, affiliates and advertisers. Except as expressly authorized by Capital One, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Site, the Content (other than Business User Content), or the Software, in whole or in part. You further agree that You will not use the trademarks, service marks, or other proprietary materials of Capital One and/or its subsidiaries, affiliates and advertisers except as explicitly provided herein or without the express written consent of Capital One.

You are authorized by Capital One to copy, transmit or display any Content solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page.

You may not incorporate any of the information displayed on slingshot into another Website or other service.

LIMITATION OF LIABILITY

In no event (including negligence) shall Capital One, its subsidiaries, affiliates, agents, or their respective officers, directors, employees, successors and assigns have any liability for any damages arising out of use by You or by others of the Site, the Services or of any Content (including any ratings or feedback Content posted by others), including any direct, special, incidental, consequential, punitive or other damages, including loss of business or loss of profits, which may result from the use of, or the inability to use, the Site, the Services or Content, whether in an action of contract, negligence, tort or other action. Capital One, its subsidiaries, affiliates, agents, their respective officers, directors, employees, successors and assigns shall not be liable even if such entity or its representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component, or infringing or anti-competitive activity of any third party, including any other Registered User. Capital One, its subsidiaries, affiliates, agents, their respective officers, directors, employees, successors and assigns are not responsible for the actions, statements or postings of other Registered Users (or any Guests). You (and not Capital One) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever You may have as a result of visiting the Site or using the Services.