b'Credit Card Agreement for Consumer Cards in Capital One Bank (USA), N.A.\nThere are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer\nAgreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts\navailable under this Agreement as of June 30, 2021. The combination of terms that could apply to you will differ depending on\nthe specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The\nCustomer Agreement contains important information related to consumer credit cards issued by Capital One Bank (USA), N.A.\nPlease visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in\nto your account if you would like to request the Credit Card Agreement for your account(s).\nCAPITAL ONE PRICING INFORMATION\nAnnual Percentage Rate\n(APR) for Purchases\n\n0%, ranging from 9 months to 12 months.\nNon-introductory rates between 15.49% and 26.99%.\n\nIntroductory rate of\n\nThis APR will vary with the market based on the Prime Rate.\nAPR for Transfers\n\nNon-introductory rates between 15.49% and 26.99%.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances Non-introductory rates between 22.49% and 26.99%.\nThis APR will vary with the market based on the Prime Rate.\nPaying Interest\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\ninterest on new purchases, provided you have paid your previous balance in full by the due\ndate each month. We will begin charging interest on cash advances and transfers on the\ntransaction date.\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nAnnual Fee\n\nBetween $0 and $39 annually.\n\nTransaction Fees\n\xe2\x80\xa2 Transfer\n\n3% of the amount of each transferred balance that posts to your account at a promotional APR\nthat we may offer you.\nNone for balances transferred at the Transfer APR.\n\n\xe2\x80\xa2 Cash Advance\n\nEither $10 or 3% of the amount of each cash advance, whichever is greater.\n\nPenalty Fees\n\xe2\x80\xa2 Late Payment\n\nUp to $40.\n\nHow Do You Calculate My Balance? We use a method called \xe2\x80\x9caverage daily balance (including new transactions).\xe2\x80\x9d See \xe2\x80\x9cHow\nDo You Calculate The Interest Charge?\xe2\x80\x9d section below.\nWhat Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided\nin \xe2\x80\x9cYour Billing Summary\xe2\x80\x9d on your Statement and other Truth-in-Lending Disclosures.\nTHINGS YOU SHOULD KNOW ABOUT THIS CARD\nHow Do You Calculate My Variable Rates? Your variable rates may change when the Prime Rate changes. We calculate\nvariable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of December,\nMarch, June and September. If the Journal is not published on that day, then see the immediately preceding edition. Variable\nrates on the following segment(s) will be updated quarterly and will take effect on the first day of your January, April, July and\nOctober billing periods: Non-Introductory Purchase APR: Prime plus a margin between 12.24% and 23.74%; Non-Introductory\nTransfer APR: Prime plus a margin between 12.24% and 23.74%; Cash Advance APR: Prime plus a margin between 19.24%\nand 23.74%. Any increase in the Prime rate may increase your Interest Charges and your Minimum Payment.\nWhat Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Introductory Purchase\nAPR is 0.00000%, Non-introductory Purchase APR is between 0.04244% and 0.07395%, Non-introductory Transfer APR\nis between 0.04244% and 0.07395%, and Cash Advance APR is between 0.06162% and 0.07395%. See \xe2\x80\x9cHow Do You\nCalculate The Interest Charge?\xe2\x80\x9d section below.\nHow Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions).\nUnder this method, we first calculate your daily balance; for each segment, 1) take the beginning balance and add in new\ntransactions and the periodic interest charge on the previous day\xe2\x80\x99s balance, then 2) subtract any payments and credits for that\nsegment as of that day. The result is the daily balance for each segment. However, if you paid your previous month\xe2\x80\x99s balance in\nfull (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments\nare not added to the daily balances. Also, transactions subject to a grace period are not added to the daily balances.\nNext, to find your Average Daily Balance: 1) add the daily balances together for each segment, and 2) divide the sum by the\nnumber of days in the billing cycle.\n\n\x0cAt the end of each billing cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by the\ndaily periodic rate (APR divided by 365) for that segment, and 2) multiply the result by the number of days in the billing period.\nNOTE: Due to rounding or a minimum interest charge, this calculation may vary from the interest charge actually assessed.\n\n\xc2\xa9 2021 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by\nCapital One Bank (USA), N.A. Capital One supports information privacy protection: see our website at www.capitalone.com.\n\n\x0cCapital One\xc2\xae Customer Agreement\nWelcome to Capital One\n\nYou must tell us when this information changes. We may\nask you for additional documents to verify any changes.\nWe may restrict or close your Account if we cannot verify\nyour information, or if you do not provide it as requested.\n\nThank you for opening a credit card account with us.\nThis Customer Agreement including any changes to it\n(\xe2\x80\x9cAgreement\xe2\x80\x9d) contains the terms of your agreement\nwith Capital One.\n\nCredit Limits\n\nDefinitions\n\nWhen you open your Account, we will tell you your credit\nlimits. These will also appear on your Statement. We may\nalso refer to your credit limits as your credit lines. We may\ngive you different credit limits for the different Segments\nof your Account. For example, you may have one credit\nlimit for purchases and a different one for Cash Advances.\n\nThe meanings of the terms you see in italics appear in\nthe Glossary section at the end of this Agreement.\nAs used here, \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean each applicant\nand co-applicant for the Account; any person\nresponsible for paying the Account; and any person\nresponsible for complying with this Agreement. \xe2\x80\x9cWe,\xe2\x80\x9d\n\xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cCapital One\xe2\x80\x9d mean Capital One Bank\n(USA), National Association; and its agents, authorized\nrepresentatives, successors, and assignees.\n\nYou are responsible for keeping track of your Segment\nbalances and your available credit. You must manage\nyour Account to remain below your credit limits. We may\nhonor transactions above your credit limits, but if we do\nthese transactions will not increase your credit limit. You\nare responsible for paying for any transaction you make\nabove your credit limits.\n\nAccount Documents\nThe following documents govern your Account with us:\n\nWe may also increase, decrease, restrict or cancel your\ncredit limit on any Segment at any time. This will not\naffect your obligation to pay us.\n\n(1) this Agreement;\n(2) all Statements;\n(3) any rewards program terms, conditions, and\ndisclosures;\n(4) any privacy notices;\n(5) your Card benefits brochure which describes\nbenefits provided by the Payment Card Network for\nyour Account;\n(6) all disclosures and materials provided to you before\nor when you opened your Account;\n(7) any other documents and disclosures relating to your\nAccount, including those provided online; and\n(8) any future changes we make to any of the above.\n\nUsing Your Account\n(1) This Agreement applies whether or not you use your\nCard or Account. It will continue to apply even after\nyour Account is closed, as long as you have a balance.\n(2) You must sign the Card immediately when you\nreceive it.\n(3) You must return the Card to us or destroy it if we ask\nyou to.\n(4) You must take reasonable steps to prevent the\nunauthorized use of your Card, Access Checks and\nAccount.\n(5) We may decline to authorize a transaction for any\nreason. This may occur even if the transaction would\nnot cause you to go over your credit limit or your\nAccount is not in default.\n(6) We are not responsible for any losses you incur if we\ndo not authorize a transaction.\n(7) We are not responsible for any losses you incur if\nanyone refuses to accept your Card for any reason.\n(8) Unless we tell you otherwise, we will bill each\ntransaction to the applicable Segment of your\nAccount. We will apply it against your available credit\nfor that Segment.\n(9) You may obtain Cash Advances and Transfers as\npermitted for your Account. You may not use these to\npay any amount you owe us or any other company in\nthe Capital One organization.\n(10) You must not use, or try to use, the Card for any illegal\nactivity. You are responsible for any charges if you do.\n(11) We are not liable for any losses that may result\nwhen our services are unavailable due to reasons\nbeyond our control.\n\nPlease read these carefully and keep them for\nfuture reference.\n\nNew Offers\nIn the future, we may provide you with new offers that\nwe think may interest you. The terms of these offers may\ndiffer from the standard terms on your Account. This\nAgreement will still apply.\n\nAccount Information\nWe need information about you to manage your\nAccount. This includes:\n(1) your legal name;\n(2) a valid U.S. mailing address and residential address\n(if different);\n(3) your date of birth;\n(4) your Social Security number or other government\nidentification number;\n(5) your telephone number(s); and\n(6) your employment and income information.\n\n1\n\n\x0cRewards\n\nAuthorized Users\n\nYour Account may provide you with the opportunity to\nearn rewards. If it does, we will separately provide you\nwith information and terms about the rewards.\n\nIf you ask us to issue a Card to any other person,\nthey are an Authorized User. We may require certain\ninformation about them. We may limit their ability to use\nyour Card. They may have access to certain information\nabout your Account. You will be responsible for their use\nof the Account and anyone else they allow to use your\nAccount, even if you did not want, or agree to, that use.\n\nAccess Checks\nWe may provide you with Access Checks. If we do, we\nwill tell you at the time if we consider them purchases,\nCash Advances or Special Transfers.\n\nRemoving an Authorized User\n\nOnly the person we designate may use Access Checks.\nYou may not use them to pay any amount you owe us or\nany other company in the Capital One organization. We\nmay reject and not pay any Access Check if:\n\nIf you want to remove an Authorized User from your\nAccount, you must contact Customer Service and\nrequest their removal. You also must immediately\ndestroy all Cards in their possession and cancel any\narrangements they may have set up on your Account.\nThey will be able to use your Account until you have\nnotified us that you are removing them from your\nAccount. During this time, you will still be responsible\nfor all amounts they charge to your Account. You will be\nresponsible even if these amounts do not appear on your\nAccount until later.\n\n(1) your Account is past due, charged off, bankrupt, lost/\nstolen or closed;\n(2) we suspect fraud;\n(3) your Account is over the credit limit; or\n(4) the check has expired, is damaged or cannot\notherwise be processed.\nOur liability if we do not pay an Access Check will never\nbe more than (1) your actual damages or (2) the amount\nof the Access Check, whichever is less.\n\nAuthorized Users may remove themselves from your\nAccount upon request. We reserve the right to remove\nthem from your Account for any reason. To remove them\nfrom your Account, we may close your existing Account\nand issue a new Card with a new Account number.\n\nUse of an Access Check is not the same as using your\nCard. When you use an Access Check, you will have\nfewer rights to dispute merchant transactions than\nwith uses of your Card. Please see the \xe2\x80\x9cBilling Rights\nSummary\xe2\x80\x9d on your Statement and your other Truth-inLending Disclosures for more information.\n\nYour Promise to Pay\nYou promise to pay us all amounts due on your Account.\nThis includes amounts where you did not sign a purchase\nslip or other documents for the transaction. We will treat\ntransactions made without presenting your actual Card\n(such as for mail, telephone, Internet, or mobile device\npurchases) the same as if you used the Card in person. If\nyou let someone else use your Card, you are responsible\nfor all transactions that person makes.\n\nStopping Payment of Access Checks\nYou may request a stop payment on any Access Check\nby contacting Customer Service.\nWe will have a reasonable amount of time after your\nstop payment request to research and complete the\nstop payment. We will not be responsible if we cannot\ncomplete the stop payment. Reasons include:\n\nStatements\nWe will generally send or make available to you one\nStatement for all Cards on your Account at the end of\neach Billing Cycle. Under certain circumstances, the law\nmay not require us to send or make available to you a\nStatement, or may prohibit us from doing so.\n\n(1) the Access Check was already paid;\n(2) you do not give us the information we asked for; or\n(3) the information you gave us was incorrect.\nWe do not have to release the stop payment order unless\nthe account holder who made the request asks us to.\nIf we re-credit your Account after a valid stop payment\norder, you give us all of your rights against the payee or\nother holder of the paid Access Check. You also agree to\nhelp us in any legal action we may later take against the\npayee or other holder of the check.\n\nDisputed Transactions\nYou must inspect each Statement you receive. Tell us about\nany errors or questions you have, as described in the \xe2\x80\x9cBilling\nRights Summary\xe2\x80\x9d on your Statement and other Truth-inLending Disclosures. If you do not notify us of an error, we\nwill assume that all information on the Statement is correct.\n\nUsing a PIN\n\nIf we credit your Account for all or part of a disputed\ntransaction, you give us all of your rights against others\nregarding that transaction. You will also:\n\nWe may give you a personal identification number (PIN).\nFor security reasons, you may have to provide the PIN\nbefore you are able to use your Card.\nKeep your PIN secure. Do not write it down, give it\nto anyone, or keep it with your Card. If you lose your\nCard or believe the confidentiality of your PIN has\nbeen compromised for any reason, you must contact\nCustomer Service immediately.\n\n(1) give us any information about the disputed\ntransaction, if we ask;\n(2) not pursue any claim or reimbursement of the\ntransaction amount from the merchant or any other\nperson; and\n2\n\n\x0c(3) help us get reimbursement from others.\n\nStop Payment Fee\n\nNo Warranties\n\nWe may charge you this Fee each time you ask us to\n(1) stop payment on an Access Check or (2) renew an\nexisting stop payment order.\n\nWe are not responsible for any claim you may have\nregarding the purchase of goods or services made with\nyour Card beyond your rights described in the \xe2\x80\x9cBilling\nRights Summary\xe2\x80\x9d on your Statement.\n\nCash Advance Fee\nWe may charge you this Fee each time you take out a\nCash Advance. We will treat this Fee as a Cash Advance\ntransaction.\n\nLost or Stolen Card\nIf your Card is lost or stolen or if you think someone else\nmay be using your Card or Account number without your\npermission, you must contact Customer Service immediately.\nYou will not be responsible for transactions on your Account\nthat we find are unauthorized.\n\nTransfer Fee\nWe may charge you this Fee each time you make a\nTransfer. We will charge the Fee to the same Segment\nwhere we post the Transfer.\n\nIf we reimburse you for unauthorized transactions, you\nwill help us investigate, pursue and get reimbursement\nfrom the wrongdoer. Your help includes giving us\ndocuments in a form that we request.\n\nTransactions Made in Foreign Currencies\nIf you make a transaction in a foreign currency, the\nPayment Card Network will convert it into a U.S. dollar\namount. The Payment Card Network will use its own\ncurrency conversion procedures. The conversion rate\nin effect on the processing date may differ from the rate\nin effect on the transaction date that appears on your\nStatement. We do not adjust the currency exchange rate\nor charge any currency conversion Fees.\n\nInterest Charges and Fees\nWe will charge Interest Charges and Fees to your Account\nas disclosed on your Statement and other Truth-in-Lending\nDisclosures. In general, Interest Charges begin to accrue\nfrom the day a transaction occurs. However, we will not\ncharge you interest on any new transactions posted to the\npurchase Segment of your Account if you paid the total\nbalance across all Segments of your Account in full by\nthe due date on your Statement each month. From time\nto time, we may give you offers that allow you to pay less\nthan the total balance and avoid Interest Charges on new\npurchase Segment transactions. If we do, we will provide\ndetails in the specific offer.\n\nMinimum Payment\nYou must pay us at least the minimum payment amount\nby the payment due date. Your Statement will tell you:\n(1) the minimum payment due,\n(2) your new balance,\n(3) the payment due date, and\n(4) an explanation of when the payment must reach us\nfor us to consider it received as of that date.\n\nWe will generally treat Fees as purchase transactions\nunless otherwise specified below. These Fees apply to\nyour Account only if your Truth-in-Lending Disclosures\nprovide for them. We may increase your Interest Charges\nand Fees as described in the Changes to Your Agreement\nsection or in your Truth-in-Lending Disclosures.\n\nReturns and other credits to your Account will reduce\nyour Account balance, but they will not change your\nminimum payment amount.\n\nIf your Account has a membership Fee, we may charge\nthe first membership Fee either on the day you activate\nyour Card or on the day when you use your Account,\nwhichever occurs first. If your Account terms include a\n$0 introductory Fee, we may charge the first Fee when\nthe introductory period ends. If it is an annual Fee, we\nmay then charge it approximately once per year. If it is a\nmonthly Fee, we may charge it each Billing Cycle.\n\nIn addition to the minimum payment, you may pay\nall or part of the total balance on your Account. But,\nyou must still pay at least the minimum payment\namount each month, even if you paid more than the\nminimum payment due on the previous Statement. We\nwill continue to charge Interest Charges during Billing\nCycles when you carry a balance regardless of whether\nyour Statement includes a minimum payment that is\ndue. If your Account is 180 days past due, is part of a\nbankruptcy proceeding or is otherwise charged off, the\ntotal balance is immediately due and payable.\n\nLate Payment Fee\n\nMaking Payments\n\nMembership Fee\n\nYour payment must be made in U.S. dollars from a U.S.\ndeposit account in a form acceptable to us. We do not\naccept cash payments through the mail. You may not\nmake payments with funds from your Account or any\nother credit account with us or any other company in\nthe Capital One organization. You must send mailed\npayments to us as instructed on your Statement, unless\nwe tell you otherwise.\n\nWe may charge you this Fee if we do not receive\nyour payment as instructed on your Statement by the\npayment due date.\n\nReturned Payment Fee\nWe may charge you this Fee each time your financial\ninstitution for any reason rejects a payment you make to us.\n3\n\n\x0cOther Payment Services\n\nCapital One\nPO Box 1330\nCharlotte, NC 28201-1330\n\nWe may make services available that allow you to make\nfaster or recurring payments online or by telephone. We\nwill describe the terms for using these services and any\napplicable Fee before you use them. You do not have to\nuse these other payment services.\n\nThis includes Items marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d or similar\nlanguage. This also includes all accompanying\ncommunications.\n\nWe are not responsible if your financial institution rejects\na payment made using our payment services.\n\nIf you make such a payment or send any accompanying\ncommunications to any other address, we may reject it\nand return it to you. We may also accept it and process\nit without losing any of our rights.\n\nIf you ask someone else to make a payment for you,\nwe may provide that person with limited Account\ninformation necessary to set up and process that\npayment. We may also refuse to accept that payment. If\nwe do accept it, you will be responsible for that payment\neven if a financial institution rejects it.\n\nCredit Balances\nWe may reject and return any payment that creates or adds\nto a credit balance on your Account. Any credit balance\nwe allow will not be available until we confirm that your\npayment has cleared. We may reduce the amount of any\ncredit balance by any new charges. You may write to the\naddress provided on your Statement or call Customer\nService to request a refund of any available credit balance.\n\nPayment Processing\nWe may accept and process payments without losing\nany of our rights. We may delay the availability of\ncredit until we confirm that your payment has cleared.\nThis may happen even if we credit your payment to\nyour Account. We may resubmit and collect returned\npayments electronically. If necessary, we may adjust\nyour Account to correct errors, process returned and\nreversed payments, and handle similar issues.\n\nAccount Default\nYou will be in default if:\n(1) you do not make any payment when it is due;\n(2) any payment you make is rejected, not paid or\ncannot be processed;\n(3) you exceed a credit limit;\n(4) you file or become the subject of a bankruptcy or\ninsolvency proceeding;\n(5) you are unable or unwilling to repay your obligations,\nincluding upon death or legally declared incapacity;\n(6) we determine that you made a false, incomplete or\nmisleading statement to us, or you otherwise tried to\ndefraud us;\n(7) you do not comply with any term of this Agreement\nor any other agreement with us; or\n(8) you permanently reside outside the United States.\n\nWhen you send us an Item as payment, you authorize\nus to make a one-time electronic fund transfer from\nyour deposit account. You also authorize us to process\nthe payment as an Item. We may withdraw the funds\nfrom your deposit account as early as the same day\nwe receive your payment. You will not receive your\nItem back from your bank. We will provide additional\ninformation about this process on your Statement.\nWe may use the information from an Item to create an\nelectronic image. We may collect and return the image\nelectronically. This electronic image may also be converted\nto a substitute check and may be processed in the same\nway we would process an Item. We will not be responsible\nif an Item you provide has physical features that when\nimaged result in it not being processed as you intended.\n\nIf you are in default, we may take certain actions with\nrespect to your Account. For example, depending on the\ndefault, we may take the following actions, without notifying\nyou, unless the law says that we must give you notice:\n\nHow We Apply Your Payments\n\n(1) charge you Fees, or change the APRs and Fees on\nyour Account, if provided in your Truth-in-Lending\nDisclosures;\n(2) close or suspend your Account;\n(3) lower your credit limit(s);\n(4) demand that you immediately pay the total balance\nowing on your Account;\n(5) continue to charge you Interest Charges and Fees as\nlong as your balance remains outstanding; and/or\n(6) file a lawsuit against you, or pursue another action that\nis not prohibited by law. If we file a lawsuit, you agree to\npay our court costs, expenses and attorney fees, unless\nthe law does not allow us to collect these amounts.\n\nYour Account may have Segments with different Annual\nPercentage Rates (APR). For example, purchases may\nhave a lower APR than Cash Advances. If your Account\nhas Segment balances with different APRs, here is how\nwe apply payments in a Billing Cycle:\n(1) We generally apply credits and payments up to\nyour minimum payment first to the balance with the\nlowest APR, and then to balances with higher APRs.\n(2) We apply any part of your payment exceeding your\nminimum payment to the balance with the highest\nAPR, and then to balances with lower APRs.\n\nItems with Restrictive Words, Conditions,\nor Instructions\nYou must mail all Items bearing restrictive words,\nconditions, limitations, or special instructions to:\n\nCommunications\nYou agree that we may communicate with you by mail,\ntelephone, email, fax, prerecorded message, automated\n4\n\n\x0cWaiver\n\nvoice, text message or other means allowed by law\nregarding your Account.\n\nWe will not lose any of our rights if we delay or choose\nnot to take any action for any reason. We may waive our\nright without notifying you. For example, we may waive\nyour Interest Charges or Fees without notifying you and\nwithout losing our right to charge them in the future.\n\nYou agree that we may contact you at any telephone number\n(including a mobile telephone number that you provide us),\nand use an automated telephone dialing system or similar\ndevice to do so. You agree that we may monitor or record\nany conversation or other communication with you.\n\nAssignment\n\nCredit Reports\n\nThis Agreement will be binding on, and benefit, any of\nyour and our successors and assigns. You may not sell,\nassign or transfer your Account or this Agreement to\nsomeone else without our written permission.\n\nWe may report information about your Account to credit\nbureaus and others. Late payments, missed payments,\nor other defaults on your Account may be reflected in\nyour credit report. Information we provide may appear\non your and the Authorized Users\xe2\x80\x99 credit reports.\n\nWe may sell, assign or transfer your Account and this\nAgreement without your permission and without prior\nnotice to you. Any assignee or assignees will take our\nplace under this Agreement. You must pay them and\nperform all of your obligations to them and not us. If you\npay us after we notify you that we have transferred your\nAccount or this Agreement, we can return the payment\nto you, forward the payment to the assignee, or handle it\nin another way that is reasonable.\n\nIf you believe that we have reported inaccurate\ninformation about your Account to a credit bureau or\nother consumer reporting agency, notify us in writing at\nPO Box 30281, Salt Lake City, UT 84130-0281. When\nyou write, tell us the specific information that you believe\nis incorrect and why you believe it is incorrect.\nWe may obtain and use credit, income and other information\nabout you from credit bureaus and others as the law allows.\n\nGlossary\n\xe2\x80\xa2\xe2\x80\x9cAccess Check\xe2\x80\x9d means any check we send to you to\naccess credit from your Account. We may also refer\nto an Access Check as a \xe2\x80\x9cconvenience check\xe2\x80\x9d or a\n\xe2\x80\x9cpurchase check\xe2\x80\x9d.\n\nClosing or Suspending Your Account\nYou may contact Customer Service to ask us to close\nyour Account.\nWe may close or suspend your Account at any time and for\nany reason permitted by law, even if you are not in default.\n\n\xe2\x80\xa2\xe2\x80\x9cAccount\xe2\x80\x9d means your Card Account with us.\n\nIf we close or suspend your Account for any reason,\nyou must stop using your Card. You must also cancel all\nbilling arrangements set up on the Account. If we close\nor permanently suspend your Account, you must return\nor destroy all Cards. You must still pay us all amounts\nyou owe on the Account.\n\n\xe2\x80\xa2\xe2\x80\x9cBalance Transfer\xe2\x80\x9d means a Transfer posted to the\npurchase Segment of your Account unless otherwise\ndescribed in your Truth-in-Lending Disclosures.\n\n\xe2\x80\xa2\xe2\x80\x9cAuthorized User\xe2\x80\x9d means a person who may use the Card,\nbut is not responsible for the repayment of the Account.\n\n\xe2\x80\xa2\xe2\x80\x9cBilling Cycle\xe2\x80\x9d means the period of time reflected on\na Statement. This period may vary in length, but is\napproximately 30 days. You will have a Billing Cycle\neven if a Statement is not required. We will often\nspecify a Billing Cycle by the month in which its closing\ndate occurs. For example, a \xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will\nhave a closing date in March. We may also refer to\na Billing Cycle as a \xe2\x80\x9cBilling Period\xe2\x80\x9d. If your Account\nbalance has charged off, we may switch to quarterly\nBilling Cycles for your Account.\n\nChanges to Your Agreement\nAt any time, we may add, delete or change any term of\nthis Agreement, unless the law prohibits us from doing\nso. We will give you notice of any changes as required\nby law. We may notify you of changes on your Statement\nor in a separate notice. Our notice will tell you when and\nhow the changes will take effect. The notice will describe\nany rights you have in connection with the changes.\nYour variable APRs (if applicable) can go up or down as the\nindex for the rate goes up or down. If we increase your APRs\nfor any other reason, or if we change your Fees or other\nterms of your Account, we will notify you as required by law.\n\n\xe2\x80\xa2\xe2\x80\x9cCard\xe2\x80\x9d means any Capital One credit card associated\nwith your Account. This includes all renewals and\nsubstitutions. It also means any other access device\nfor your Account we give you that allows you to obtain\ncredit, including any Account number.\n\nThe Law That Applies to Your Agreement\nWe make decisions to grant credit and issue you a Card\nfrom our offices in Virginia. This Agreement is governed\nby applicable federal law and by Virginia law. If any part\nof this Agreement is unenforceable, the remaining parts\nwill remain in effect.\n\n\xe2\x80\xa2\xe2\x80\x9cCash Advance\xe2\x80\x9d means a loan in cash or things we\nconsider cash equivalents, including wire transfers,\ntravelers\xe2\x80\x99 checks, money orders, foreign currency,\nlottery tickets, gaming chips, and wagers. We post\nCash Advances to the Cash Advance Segment of your\nAccount and not to your purchase Segment.\n5\n\n\x0c\xe2\x80\xa2\xe2\x80\x9cSpecial Transfer\xe2\x80\x9d means a Transfer posted to a\nSegment of your Account that is not your purchase\nSegment or Cash Advance Segment.\n\n\xe2\x80\xa2\xe2\x80\x9cFees\xe2\x80\x9d means charges imposed on your Account not\nbased on the Annual Percentage Rates.\n\xe2\x80\xa2\xe2\x80\x9cInterest Charges\xe2\x80\x9d means any charges to your Account\nbased on the application of Annual Percentage Rates.\n\n\xe2\x80\xa2\xe2\x80\x9cStatement\xe2\x80\x9d means a document showing important\nAccount information, including all transactions billed to\nyour Account during a Billing Cycle and information about\nwhat you must pay. We may also refer to your Statement\nas a \xe2\x80\x9cPeriodic Statement\xe2\x80\x9d or a \xe2\x80\x9cBilling Statement\xe2\x80\x9d.\n\n\xe2\x80\xa2\xe2\x80\x9cItem\xe2\x80\x9d means a check, draft, money order or other\nnegotiable instrument you use to pay your Account.\nThis includes any image of these instruments. This\ndoes not include an Access Check.\n\n\xe2\x80\xa2\xe2\x80\x9cTransfers\xe2\x80\x9d means amounts transferred from other\naccounts to this Account and includes Balance\nTransfers and Special Transfers.\n\n\xe2\x80\xa2\xe2\x80\x9cPayment Card Network\xe2\x80\x9d means the network provider\ndisplayed on your Card. This may be Visa Inc.,\nMasterCard International Incorporated, or any other\nnetwork provider.\n\n\xe2\x80\xa2\xe2\x80\x9cTruth-in-Lending Disclosures\xe2\x80\x9d means disclosures that\nthe federal Truth in Lending Act and Regulation Z\nrequire for any Account. This includes your application\nand solicitation disclosures, Account opening\ndisclosures, subsequent disclosures, Statements, and\nchange in terms notices.\n\n\xe2\x80\xa2\xe2\x80\x9cSegments\xe2\x80\x9d means the different parts of your Account\nwe may establish that are subject to unique APRs,\npricing, or other terms. We create these parts of your\nAccount for such things as your purchases, Balance\nTransfers, Cash Advances and Special Transfers.\nThe sum of your Segment balances equals your total\nAccount balance.\n\n\xc2\xa9 2014 Capital One\nCapital One is a federally registered service mark.\nAll rights reserved.\n\nBR281651\n\nM-112867\n\n6\n\nCOF Customer Agreement 005\n\n\x0c'


b'INTEREST RATES AND INTEREST CHARGES\n\na\n\nAnnual Percentage Rate (APR)\nfor Purchases\n\n25.99%\n\nHow to Avoid Paying Interest\non Purchases\n\nYour due date will be a minimum of 25 days following the close of each billing\ncycle. We will not charge interest on new purchases provided you have paid\nyour entire balance in full by the due date each month.\n\nMinimum Interest Charge\n\nIf you are charged periodic interest, the charge will be no less than $1.00.\n\nFor Credit Card Tips from the\nConsumer Financial Protection\nBureau\n\nTo learn more about factors to consider when applying for or using a credit card,\nvisit the website of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nThis APR will vary with the market based on the Prime Rate.\n\nFEES\nAnnual Fee\n\nNone.\n\nPenalty Fees\nLate Payment\nReturned Payment\n\nUp to $40.\nUp to $40.\n\nHow We Will Calculate Your Balance: We use the average daily balance method (including new transactions). See\n\xe2\x80\x9cPeriodic Interest Charge Calculation\xe2\x80\x9d section of this Agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights are included in this\nAgreement. See \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d section for full details.\nPrime Rate: Estimated variable APRs are based on the 3.25% Prime Rate.\na. We add 22.74% to the Prime Rate to determine the Purchase APR (monthly periodic rate currently 2.17%).\nThe information about the costs of the credit card account described above is accurate as of April 1, 2021. This information may have changed. For the most current information\ncontact us at 1-800-564-5740.\nAuthorization: When you apply for a Kohl\xe2\x80\x99s credit card\nfrom Capital One, N.A. (\xe2\x80\x9cCapital One\xe2\x80\x9d,\xe2\x80\x9cwe\xe2\x80\x9d, or \xe2\x80\x9cus\xe2\x80\x9d), you\nagree to the following:\n1. You authorize us to obtain credit bureau reports in\nconnection with your request for an account. If an account is\nopened, we may obtain credit bureau reports in connection\nwith extensions of credit or the review or collection of your\naccount. If you ask, we will tell you the name and address\nof each credit bureau from which we obtained a report\nabout you.\n2. You are providing information in this application to\nCapital One and to Kohl\xe2\x80\x99s. Capital One may provide\ninformation about you (even if your application is declined)\nto Kohl\xe2\x80\x99s so that they can create and update their records,\nand provide you with services and special offers.\n3. By using the account or any card, or authorizing\ntheir use, you agree to the terms of the Cardmember\nAgreement. If you open your account in a Kohl\xe2\x80\x99s store\nyou acknowledge receipt of this disclosure and a copy of\nthe Cardmember Agreement before your first purchase.\n4. As described in the Cardmember Agreement, we\nreserve the right to change the terms of your account\n(including the APRs) at any time, for any reason.\n5. We will review your credit history to determine if you\nqualify for an account and, if so, your credit line. Based\non this review, you may not receive a card.\n6. You must be at least 18 years old to qualify (19 in AL\nand NE).\n7. You acknowledge that you must provide additional\ninformation electronically, including income. Alimony,\nchild support or separate maintenance income need not\n\nICOOFR 0421.indd 2\n\nbe revealed if you do not wish it to be considered as a\nbasis for repaying this obligation.\n8. You acknowledge that you have read and agree to\nbe bound by the important rate and fee disclosures\nand the terms stated under this Authorization and the\nCardmember Agreement section of the disclosures\nattached to this form. You agree that we may verify your\ninformation, check your credit history and secure followup credit reports on you.\nOhio Residents: The Ohio laws against discrimination\nrequire that all creditors make credit equally available\nto all customers, and that credit reporting agencies\nmaintain separate histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers\ncompliance with the law.\nNew York and Vermont Residents: Capital One may\nobtain at any time your credit reports, for any legitimate\npurpose associated with the account or the application\nor request for an account, including but not limited to\nreviewing, modifying, renewing and collecting on your\naccount. On your request, you will be informed if such a\nreport was ordered. If so, you will be given the name and\naddress of the consumer reporting agency furnishing\nthe report. New York residents may contact the New\nYork State Department of Financial Services to obtain a\ncomparative listing of credit card rates, fees and grace\nperiods.\nNew York State Department of Financial Services 1-877-226-5697 or http://www.dfs.ny.gov/consumer/\ncreditdebt.htm\nCalifornia Residents: Applicants: 1) may, after credit\napproval, use the credit card account up to its credit\nlimit; 2) may be liable for amounts extended under the\n\nplan to any joint applicant. As required by law, you are\nhereby notified that a negative credit report reflecting\non your credit record may be submitted to a credit\nreporting agency if you fail to fulfill the terms of your\ncredit obligations.\nNotice to Married Wisconsin Residents: No provision\nof any marital property agreement, unilateral statement\nor court decree adversely affects our rights, unless you\ngive us a copy of such agreement, statement or court\norder before we grant you credit, or we have actual\nknowledge of the adverse obligation. All obligations\non this account will be incurred in the interest of your\nmarriage or family. You understand that we may be\nrequired to give notice of this account to your spouse.\nMarried Wisconsin residents must furnish their\n(the applicant\xe2\x80\x99s) name and social security number\nas well as the name and address of their spouse to\nKohl\xe2\x80\x99s, PO Box 3120, Milwaukee, WI 53201.\nOmission of any information requested on the application\nmay be reason for denial of an account.\nIMPORTANT INFORMATION ABOUT PROCEDURES\nFOR OPENING A NEW ACCOUNT\nTo help the government fight the funding of terrorism\nand money laundering activities, federal law requires\nall financial institutions to obtain, verify, and record\ninformation that identifies each person who opens an\naccount.\nWhat this means for you: When you open an account,\nwe will ask for your name, address, date of birth, and\nother information that will allow us to identify you.\nWe may also ask to see your driver\xe2\x80\x99s license or other\nidentifying documents.\n\n2/19/21 1:50 PM\n\n\x0cKOHL\xe2\x80\x99S CARDMEMBER AGREEMENT\nThis agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d) governs your Kohl\xe2\x80\x99s credit card account (\xe2\x80\x9cAccount\xe2\x80\x9d)\nwith us. Please keep this Agreement for your records. You agree with us that the\nfollowing terms apply to your Account.\nCapital One, N.A. and Kohl\xe2\x80\x99s may exchange information about you and your\nAccount(s) so that you can receive the benefits of the Kohl\xe2\x80\x99s Card program and\nso that Kohl\xe2\x80\x99s can inform you of additional information, offers and opportunities.\n1. Definitions and Card Usage: In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d, \xe2\x80\x9cyour\xe2\x80\x9d, and\n\xe2\x80\x9ccardmember\xe2\x80\x9d refer to each person who applies for the Account and each person\nwho agrees to be liable on the Account. The words \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to\nCapital One, N.A., the creditor and issuer of the Account and any other person to whom\nthis Agreement and/or the Account may be assigned. \xe2\x80\x9cKohl\xe2\x80\x99s\xe2\x80\x9d means Kohl\xe2\x80\x99s, Inc., N56\nW17000 Ridgewood Dr., Menomonee Falls, Wisconsin 53051. Kohl\xe2\x80\x99s is servicing your\nAccount on our behalf and is also referred to alone or together with others as an\nagent. The word \xe2\x80\x9cCard\xe2\x80\x9d means the card issued to you under this Agreement that\nmay be used to make purchases at Kohl\xe2\x80\x99s. You agree that all purchases made using\nthe Account shall be only for personal, family, or household purposes. \xe2\x80\x9cCredit Plan\xe2\x80\x9d\nmeans any plan we may establish and make available on your Account that is subject\nto a unique annual percentage rate (\xe2\x80\x9cAPR\xe2\x80\x9d) or other terms. The sum of your Credit\nPlan balances equals your total Account balance. \xe2\x80\x9cNew Balance\xe2\x80\x9d means the amount\ndisplayed as the New Balance on each billing Statement.\n2. Amendments: We have the right to change the terms of this Agreement for\nany reason, and in any respect, by adding, deleting or modifying any provision,\nincluding APRs, fees, the minimum payment and other terms. We can add a new\nprovision without regard to whether the provision deals with a matter already\naddressed by this Agreement.\nIn certain circumstances, we are required by law to notify you of changes to the\nterms of this Agreement, and in other circumstances we may not be required to\ndo so. When required by law to advise you that you have a legal right to reject\nany changes we make, we will provide an explanation about how to do that.\nIn some circumstances, APRs or other aspects of your Account may change\neven though the terms of the Account do not change, for example when the\nPrime Rate changes.\n3. Account Information: We request certain information about you to manage your\nAccount.This includes:\n(1) your legal name;\n(2) a valid mailing address and residential address (if different);\n(3) your date of birth;\n(4) your Social Security number or other government identification number;\n(5) your telephone and cell phone number(s);\n(6) your income information; and\n(7) your email address.\nIf you change your contact information such as any mailing address, telephone\nnumber or email address, you must notify us immediately in writing at the address\nshown on your Statement.\nWe may obtain telephone and cell phone numbers, mailing address and email address\ninformation from you, third parties, caller ID and other sources. We may accept mailing\naddress corrections from the United States Postal Service, third parties and other sources.\n4. Promise to Pay: In return for extending credit to you on this Account from time to\ntime, you agree to pay us for all goods and services you charge to this Account, plus any\ninterest, fees and other charges set forth below, according to the terms of this Agreement.\nIf more than one person has applied for or is liable on this Account, then (a) each of you\nwill be responsible for paying all charges incurred by either of you or anyone either of you\npermit to use this Account; (b) we can provide Statements and communications to any of\nyou; and (c) notice to one of you will be considered notice to all of you.\n5. Authorized Users: If you ask us to issue a Card to any other person, they are\nan \xe2\x80\x9cAuthorized User.\xe2\x80\x9d We may require certain information about them. We may limit\ntheir ability to use your Card. They may have access to certain information about\nyour Account. You will be responsible for paying all charges on your Account made\nby an Authorized User, You agree to notify each Authorized User,at the time he or\nshe becomes an Authorized User, that we may receive, record, exchange and use\ninformation about him or her in the same manner we do with information about you\nas described in this agreement.\nIf you want to remove an Authorized User from your Account, you must contact us at\nthe Customer Service telephone number on your Statement or on the back of your\nCard and request their removal. They will be able to use your Account until you have\nnotified us that you are removing them from your Account. During this time, you will\nstill be responsible for all amounts they charge to your Account. You will be responsible\neven if these amounts do not appear on your Account until later. Authorized Users\nmay remove themselves from your Account upon request. We reserve the right to\nremove them from your Account. To remove them from your Account, we may close\nyour existing Account and issue a new Card with a new Account number.\n6. When Effective: Your signature, including any electronic signature, on the\napplication for this Account or on any sales receipt, or your use of this Account, is your\nconsent to the terms of this Agreement with us and your acknowledgement of delivery\nof a copy of this Agreement to you. The information you provide or have previously\nprovided on the application that identifies you constitutes a part of this Agreement\nand is incorporated in it by reference. For new Account applicants, this Agreement will\nnot be effective until we approve your application, and then, after that only if you or\nsomeone authorized by you charges a purchase to this Account.\n7. Billing Cycle, Paying Interest, Variable Rates, Annual Percentage Rates\n(\xe2\x80\x9cAPR\xe2\x80\x9d), Minimum Interest Charge, Promotional Credit Plans:\nBilling Cycle/Statements. In order to manage your Account, we divide time into\nperiods called billing cycles. Each billing cycle is approximately one month in length.\nFor each calendar month your Account will have a billing cycle ending in that month.\nWe will provide a billing statement (\xe2\x80\x9cStatement\xe2\x80\x9d) each month one is required by\napplicable law. Your Account will have a billing cycle ending in each calendar month\nwhether or not there is a Statement for that billing cycle.\nPaying Interest. We begin assessing periodic interest charges on a transaction, fee,\nor interest charge from the date it is added to your daily balance as described in this\nAgreement until your Account is paid in full. You can avoid periodic interest charges\non new purchases, provided you have paid your statement\xe2\x80\x99s entire New Balance\n(excluding balances on any Special Repayment Term Reduced APR Credit Plan) in full\nby the due date each month (see Promotional Credit Plans). Your due date is at least\n25 days after the close of each billing cycle.\nVariable Rate. The APR for Purchases may vary with changes to the Prime Rate. We\ncalculate a variable APR by adding a margin to the Prime Rate published in The Wall\nStreet Journal on the last business day of March, June, September and December. The\nAPR calculated in this way will be effective as of the first day of the billing cycle that\nbegins in the following month.\nAPR for Purchases. The Prime Rate plus 22.74%, currently 25.99% (monthly periodic\nrate 2.17%). The APR and monthly periodic rate stated are estimates based on the\n3.25% Prime Rate.\nPromotional Credit Plans. From time to time, we may offer one or more Promotional\nCredit Plans prior to or at the time of your purchase. Only certain purchases may be\neligible for Promotional Credit Plans. These plans may have special repayment terms\nand are conditioned on your timely payment of at least the required payment amount\neach billing cycle: a.) Reduced Rate Credit Plan - With this plan, you will receive a\nreduced APR on your purchase for a specified period; b.) Special Repayment Term\nReduced APR Credit Plan - with this plan, a special repayment term will be applied to\nthe reduced APR Promotional Credit Plan purchase for the specified period.\nIf you make more than one purchase on your card, the balances for the Promotional\nCredit Plan purchases may be treated differently than other balances. We will advise\nyou if your participation in certain program features limits your eligibility for any\nPromotional Credit Plan.\nMinimum Interest Charge. We may charge no less than the minimum interest charge\nof $1.00 if any periodic interest is due for a billing cycle.\n8. Periodic Interest Charge Calculation \xe2\x80\x93 Average Daily Balance (Including New\nPurchases): We figure the periodic interest charges on your Account by applying\nthe applicable monthly periodic rates to the \xe2\x80\x9caverage daily balance\xe2\x80\x9d of your Account\n(including current transactions). To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for each balance\ntype (balances on Promotional Credit Plans and balances for other amounts), we\ntake the beginning balance of each applicable balance type each day, add any new\npurchases, unpaid interest charges, fees, other charges and debit adjustments, then\nsubtract any payments, credits or credit adjustments. This gives us the daily balances.\nThen, we add up all the daily balances for each balance type and divide the total by\nthe number of days in the billing cycle. This gives us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for\neach balance type.\nOn the first day of each billing cycle we add to the daily balance the unpaid periodic\ninterest charges from the prior billing cycle (in this way we compound interest on\na monthly basis). Purchases and fees are added to your daily balance as of the\ntransaction date or a later date of our choice.\n9. Payments:\nMinimum Payment. You must make your minimum payment in a way that we receive\nit by the time and date it is due. The minimum payment for your Account includes the\nminimum payment due on each Credit Plan. You may make payments greater than\nyour required minimum payment. This will reduce the interest charges that are added\nto your Account.\n1\nCardmember Agreement 0421.indd 1\n\nYour minimum payment will be the larger of: i) $29 (or total amount you owe if less\nthan $29); or ii) the sum of 1% of the New Balance (which does not include balances on\nany Special Repayment Term Reduced APR Promotional Credit Plan), plus the periodic\ninterest charges, plus any amount required under any Special Repayment Term\nReduced APR Promotional Credit Plan, plus any penalty fees billed on the Statement\nfor which your minimum payment is calculated. We will also add any amount past due\nto your minimum payment. In addition to the minimum payment, you may pay all or\npart of the total balance on your Account. But, you must still pay at least the minimum\npayment amount each month, even if you paid more than the minimum payment due\non the previous Statement.\nHow We Apply Your Payments. In each billing cycle, we generally apply payments up\nto your minimum payment amount to satisfy the minimum payment due on each Credit\nPlan, first to the highest APR Credit Plan balance and then to lower APR Credit Plan\nbalances. We will apply any part of your payment exceeding your minimum payment\nfirst to the balance with the highest APR, and then to balances with lower APRs.\nPayment Instructions. You agree to pay us amounts you owe in U.S. dollars. You\nmust use a check, money order or electronic debit drawn on a U.S. bank or a foreign\nbank branch in the U.S. We will not accept cash payments through the mail. When we\nreceive or apply a payment, we might not restore your credit line by that amount for\nup to 15 days.\nFor mailed payments, your Statement and the envelope it comes in give you\ninstructions about how, when and where to make your payments. You must follow\nthese instructions. Your payment will not be credited to your Account before we\nreceive it at the address we specify for receipt of payments and in accordance with\nthe payment instructions.\nPayments made in store by close of business will be credited as of date payment was\nreceived.\nIf you make a payment marked as paid in full or indicate that it is to pay all amounts\nyou owe us, you must send that payment to the special address on the back of your\nStatement. That address is called the \xe2\x80\x9cConditional Payments\xe2\x80\x9d address. We may accept\na conditional payment and not agree that it pays all amounts you owe on your Account.\nAlso, we may return a conditional payment to you and you will still owe us the amount\nof the payment or any other amounts owed on your Account.\nYou authorize us to collect any payment check either electronically or by draft. We\ncan collect your payment checks electronically by sending the check number, check\namount, account and routing numbers to your bank. Or we can collect these checks\nby sending a draft drawn on your bank account. Funds may be taken from your bank\naccount on the same day we receive your payment. We will not keep your original\ncheck, just a copy of it.\nYou may use our optional services to make payments electronically through our\nwebsite, our automated telephone service or our customer service advisors. You do\nnot have to use these other payment services, and we may charge you a fee for\nexpedited payments made with a customer service advisor. If we do, we will tell you\nthe amount of the fee at the time you request the service. We are not responsible if\na payment made using our payment services is rejected or not paid. Even if it is, we\nmay still keep the fee.\n10. Legal Notices: For important information regarding your right to dispute billing\nerrors under federal law, see the section marked \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d that accompanies\nyour copy of this Agreement. All notices relating to legal actions, including bankruptcy\nnotices, must be sent to us, through our agent, at Kohl\xe2\x80\x99s, ATTN: Credit Administrator,\nP.O. Box 3043, Milwaukee, WI, 53201-3043. Legal notices sent to any other addresses\nwill not satisfy the legal requirement that you provide us with notice.\n11. No Waiver By Us: We reserve the right to delay or refrain from enforcing any of our\nrights under this Agreement without losing them. For example, we can extend the time\nfor making certain payments without extending others or we can accept late or partial\npayments without waiving our right to have future payments made when they are due.\n12. Returned Payment Fee: We may charge you this fee each time any payment\nyou make to us is not paid by your financial institution for any reason, even if that\ninstitution later pays it. The returned payment fee is up to $40.\n13. Late Payment Fee: We may charge a late payment fee if we do not receive at least\nthe required minimum payment for any billing cycle by the date and time it is due.\nYour late payment fee will be zero if your balance is $15 or less, $15 if your balance\nis greater than $15 but less than $50.01, and $29 if your balance is greater than $50.\nThe late payment fee will not exceed the amount of your minimum payment due. If\nyou pay late and then pay late again in any of the next six consecutive billing cycles\nthe late payment fee will be up to $40.00 until you have paid your minimum payment\nwhen due for six consecutive billing cycles.\n14. Default/Collection Costs. You will be in default if you fail to pay any minimum\npayment by the time and date it is due, if you breach any other promise or obligation\nunder this Agreement, if you become incapacitated or die, or if you file for bankruptcy.\nSubject to applicable law, we may also consider you to be in default under this\nAgreement at any time if any statement made by you to us in connection with this\nAccount or any other credit program with us was false or misleading; if we receive\ninformation indicating that you are bankrupt, intend to file bankruptcy, or are unable to\npay your debts as they become due; or we receive information leading us to conclude\nthat you are no longer creditworthy. In evaluating your creditworthiness, you agree\nthat we may rely on information contained in consumer reports, and in our discretion\nwe may consider the amount of debt you are carrying compared to your resources\nor any other of your credit characteristics, regardless of your performance on this\nAccount. In the event of default, subject to any right you may have under applicable\nlaw, we may demand that you pay the entire unpaid balance due. If the Account is\nreferred to an attorney, you agree to pay our reasonable attorney\xe2\x80\x99s fees, but only to\nthe extent and in the amount permitted by applicable law, and court costs will also be\nrecovered where permitted by applicable law.\n15. Your Credit Limit and Canceling or Limiting Your Credit: We will assign a credit\nlimit to your Account. Your credit limit appears on your Statement. You are responsible\nfor keeping track of your Account balance including any fees and interest charges\nand making sure it remains below your credit limit. We may but are not required to\nauthorize charges that go over your credit limit. You must pay any amount over your\ncredit limit and you must pay us immediately if we ask you to do so. This Agreement\napplies to any balance over your credit limit. We may change or cancel your credit limit\nwithout telling you ahead of time. If we do, it will not excuse you from your obligations\nto pay us.\nYou may close your Account at any time. We may require you to provide a closure\nrequest in writing. Except as required by applicable law, we may close your Account\nor suspend your credit privileges or any feature on your Account at any time for\nany reason, including Account inactivity, without notice. If we close your Account or\nsuspend your credit privileges or any feature, we will not be liable to you for any\nconsequences that result. If you or we close your Account, you and any authorized\nusers must stop using your Account immediately and destroy all cards or return them\nto us upon request. You will continue to be responsible for charges to your Account\naccording to the terms of this Agreement.\n16. Credit Cards, Lost/Stolen Credit Cards and Liability for Unauthorized Use: If\nrequested, you agree to return to us any card issued to you. If you lose or someone\nsteals your card or any other means to access your Account, or if you think someone\nhas used your Account without your permission, you must tell us immediately. Call us\nat 1-800-564-5740 or write to us at: Kohl\xe2\x80\x99s, ATTN: Credit Administrator, P.O. Box 3120,\nMilwaukee, WI 53201-3120. Do not use your Account after you notify us. We may end\nyour credit privileges and close your Account if we consider it appropriate. You agree\nto provide us information to help us find out what happened. You will not be liable for\nany unauthorized use that occurs after you notify us. You may, however, be liable for\nunauthorized use that occurs before your notice to us. In any case, your liability will\nnot exceed $50.\n17. Credit Information: We may obtain and use credit and income information about\nyou from consumer (credit) reporting agencies and other sources. We may report\ninformation about you and your Account to credit reporting agencies. If you request\nadditional cards on your Account for others, we may report Account information\nin your name as well as in the names of those other people. If you think we have\nreported information to a credit reporting agency that is not correct, you may write to\nus at: Kohl\xe2\x80\x99s, ATTN: Credit Administrator, P.O. Box 3115, Milwaukee, WI 53201-3115.\nPlease include your name, address, Account number, telephone number and a brief\ndescription of the problem and a copy of the credit reporting agency report if you have\nit. We will investigate the matter. If our investigation shows that you are right, we will\ncontact each credit reporting agency to which we reported the information and will\nrequest they correct the report. If we disagree with you after our investigation, we will\ntell you in writing or by telephone.\n18. Credit Balances: You may request a refund of any credit balance at any time.\nOtherwise, we will apply it to any new charges on your Account or provide the refund\nto you as required by law.\n19. Special Promotions: Kohl\xe2\x80\x99s may, in its discretion from time-to-time, provide\nyou with special promotions in connection with your use of Kohl\xe2\x80\x99s Card (\xe2\x80\x9cSpecial\nPromotions\xe2\x80\x9d). Special Promotions will be subject to the terms of this Agreement,\nas well as any other differing or additional terms described in the offer. Special\nPromotions may be marketed in-store, online, and/or through any individual channel\nor combination of channels described in Section 20 of this Agreement. Kohl\xe2\x80\x99s may,\nin its discretion, suspend your offers under the following circumstances, without\nlimitation: (i) your Account has limited activity or becomes inactive for a period of time;\n(ii) your Account becomes past due and you do not make it current for a period of time.\nYou acknowledge that our Special Promotions offers cannot be sent to addresses\noutside of the United States or Canada or to military addresses. Special Promotions\noffers will not be forwarded by the postal service, so you must contact us to update\n\nyour address after moving in order to continue receiving printed Special Promotions\noffers. If you need to update your address or any of your contact information or would\nlike to opt-out of receiving printed Special Promotions offers, please call the customer\nservice telephone number on your card or statement.\n20. Communications: You agree that we may communicate with you by mail,\ntelephone, email, fax, prerecorded message, automated voice, text message, or other\nmeans allowed by law regarding your Account. You authorize us, or anyone acting on\nour behalf, to call or send a text message to any number you provide or to any number\nwhere we reasonably believe we can contact you. These include calls to mobile,\ncellular, or similar devices, and calls using automatic telephone dialing systems and/\nor prerecorded messages. We may also send an email to any address where we\nreasonably believe we can contact you. You agree that we may monitor or record any\nconversation or other communication with you.\nYou acknowledge that Kohl\xe2\x80\x99s may use a third party service to validate your identity\nusing information from your mobile phone provider, including call forwarding (e.g.,\nwhether you enabled call forwarding, and the number to which calls are forwarded)\nand call porting (e.g., whether you are transferring the service of your phone number,\nfrom one service provider, or carrier, to another). You agree that your cell phone\nprovider may release that information. You agree to receive texts from Kohl\xe2\x80\x99s to verify\nyour device. Message and data rates may apply.\n21. Established Business Relationship: You further agree that you have an\nestablished business relationship with us and with Kohl\xe2\x80\x99s and that we both may\ncontact you from time to time regarding your Account and products and services that\nwe or Kohl\xe2\x80\x99s believes may be of interest to you. You agree that all such contacts are\nnot unsolicited and may be monitored to assure quality service.\n22. GOVERNING LAW: THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND\nYOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH\nFEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF VIRGINIA,\nWITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF VIRGINIA, WHERE\nYOUR ACCOUNT AND WE ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR\nUSE THE ACCOUNT.\n23. Assignment: We may assign your Account, any amounts you owe us, or any of our\nrights and obligations under this Agreement to a third party. The person to whom we\nmake the assignment will be entitled to any of our rights that we assign to that person.\nYou may not assign this Account.\n24. Enforcing this Agreement: We can delay enforcing or not enforce any of our\nrights under this Agreement without losing our right to enforce them in the future. If\nany of the terms of this Agreement are found to be unenforceable, all other terms will\nremain in full force.\n25. Military Lending Act (MLA)\nFederal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer\ncredit to a member of the Armed Forces and his or her dependent may not exceed an\nannual percentage rate of 36 percent.This rate must include, as applicable to the credit\ntransaction or account, the costs associated with credit insurance premiums; fees\nfor ancillary products sold in connection with the credit transaction; any application\nfee charged (other than certain application fees for specified credit transactions or\naccounts); and any participation fee charged (other than certain participation fees for\na credit card account).\nTo hear this same disclosure and a general description of your payment obligations for\nthis credit card account, please call us toll-free at: 1-888-832-0059.\nDuring any period in which the Military Lending Act (\xe2\x80\x9cthe Act\xe2\x80\x9d) applies to you, no\nprovision of your Cardholder Agreement that is inconsistent with the Act shall apply\nand your Cardholder Agreement shall be interpreted to comply with the Act.\nYour Cardholder Agreement shall be interpreted to comply with the Military Lending\nAct, including the Military Lending Act\xe2\x80\x99s restrictions on permissible loan terms and\nlimitations on interest and fees for customers covered by the Military Lending Act.\nAny excess interest or fees charged or excess amounts collected shall be credited\nor refunded. No provision of your Cardholder Agreement that is inconsistent with the\nMilitary Lending Act shall apply.\n26. FOR INFORMATION: For information about your Account, please call the customer\nservice telephone number on the back of your card or monthly statement, or write us\nat Kohl\xe2\x80\x99s, Attn: Credit Administrator, P.O. Box 3120, Milwaukee, WI.\nYOUR BILLING RIGHTS: Keep this Document for Future Use\nThis notice tells you about your rights and our responsibilities under the Fair Credit\nBilling Act.\nWHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT\nIf you think there is an error on your statement, write to us on a separate sheet at the\n\xe2\x80\x9cSend Inquiries To\xe2\x80\x9d address shown on your billing statement.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you want\nto stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do\nwe are not required to investigate any potential errors and you may have to pay the\namount in question.\nWHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your\nletter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain\nto you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent on\nthat amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue to\ncharge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible for the\nremainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or any\ninterest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount in\nquestion, along with applicable interest and fees. We will send you a statement\nof the amount you owe and the date payment is due. We may then report you as\ndelinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us\nwithin 10 days telling us that you still refuse to pay. If you do so, we cannot report you\nas delinquent without also reporting that you are questioning your bill. We must tell\nyou the name of anyone to whom we reported you as delinquent, and we must let\nthose organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the\namount you question even if your bill is correct.\nYOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD PURCHASES\nIf you are dissatisfied with the goods or services that you have purchased with your\ncredit card, and you have tried in good faith to correct the problem with the merchant,\nyou may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles\nof your current mailing address, and the purchase price must have been more\nthan $50. (Note: Neither of these are necessary if your purchase was based on\nan advertisement we mailed to you, or if we own the company that sold you the\ngoods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card account\ndo not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase,\ncontact us in writing on a separate sheet at the \xe2\x80\x9cSend Inquiries To\xe2\x80\x9d address shown on\nyour billing statement.\nWhile we investigate, the same rules apply to the disputed amount as discussed\nabove. After we finish our investigation, we will tell you our decision. At that point, if\nwe think you owe an amount and you do not pay, we may report you as delinquent.\nCopyright \xc2\xa92021 Capital One. All rights reserved.\nCMA-04/21\n\n2/23/21 1:14 PM\n\n\x0cRev. 11/2020\nFACTS\n\nWHAT DOES CAPITAL ONE DO WITH YOUR PERSONAL INFORMATION?\n\nWhy?\n\nFinancial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law\nalso requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.\nThe types of personal information we collect and share depend on the product or service you have with us.\nThis information can include:\n\nWhat?\n\nHow?\n\n\xe2\x80\xa2 Social Security number and income\n\xe2\x80\xa2 Account balances and payment history\n\xe2\x80\xa2 Account transactions and credit card or other debt\nAll financial companies need to share customers\xe2\x80\x99 personal information to run their everyday business. In the section below, we list the reasons financial\ncompanies can share their customers\xe2\x80\x99 personal information; the reasons Capital One chooses to share; and whether you can limit\nthis sharing.\nReasons we can share your\npersonal information\n\nDoes Capital One share?\n\nCan you limit this sharing?\n\nYes\n\nNo\n\nYes\n\nNo\n\nYes\n\nNo\n\nFor our affiliates\xe2\x80\x99 everyday business purposes \xe2\x80\x93 information about your transactions\nand experiences\n\nYes\n\nNo\n\nFor our affiliates\xe2\x80\x99 everyday business purposes \xe2\x80\x93 information about your creditworthiness\n\nYes\n\nYes\n\nFor nonaffiliates to market to you\n\nYes\n\nYes\n\nFor our everyday business purposes \xe2\x80\x93 such as to process your transactions,\nmaintain your account(s), respond to court orders and legal investigations, or report\nto credit bureaus\nFor our marketing purposes \xe2\x80\x93 to offer our products and services to you\nFor joint marketing with other financial companies\n\nCall 855-270-6626 for customer service.\nTo limit\nour sharing\n\nPlease note:\nIf you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we\ncontinue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.\n\nQuestions?\n\nCall 855-270-6626 or go to http://www.kohlscorporation.com/customer_service/mykc/mykc.html\n\nPage 2\nWho we are\nWho is providing this notice?\n\nThis notice is provided by Capital One with respect to your Kohl\xe2\x80\x99s credit card.\n\nWhat we do\nHow does Capital One protect\nmy personal information?\n\nTo protect your personal information from unauthorized access and use, we use security measures that comply with federal law.\nThese measures include computer safeguards and secured files and buildings.\n\nHow does Capital One collect\nmy personal information?\n\nWe collect your personal information, for example, when you\n\xe2\x80\xa2 Open an account or give us your contact information\n\xe2\x80\xa2 Use your credit or debit card or pay your bills\n\xe2\x80\xa2 Give us your income information\nWe also collect your personal information from others, such as credit bureaus,\naffiliates, or other companies.\n\nWhy can\xe2\x80\x99t I limit all sharing?\n\nFederal law gives you the right to limit only\n\xe2\x80\xa2 Sharing for affiliates\xe2\x80\x99 everyday business purposes \xe2\x80\x93 information about your creditworthiness\n\xe2\x80\xa2 Affiliates from using your information to market to you\n\xe2\x80\xa2 Sharing for nonaffiliates to market to you\nState laws and individual companies may give you additional rights to limit sharing.\nSee below for more on your rights under state law.\n\nWhat happens when I limit\nsharing for an account I hold\njointly with someone else?\n\nYour choices will apply to everyone on your account.\n\nDefinitions\nAffiliates\n\nCompanies related by common ownership or control. They can be financial or nonfinancial companies.\n\xe2\x80\xa2 Our affiliates include financial companies with the Capital One, Chevy Chase, Paribus, Wikibuy and Greenpoint names, such as\nCapital One Bank(USA), National Association; and Capital One National Association\n\nNonaffiliates\n\nCompanies not related by common ownership or control. They can be financial and nonfinancial companies.\n\xe2\x80\xa2 Nonaffiliates we share with can include insurance companies, service providers, retailers, data processors, and advertisers.\n\nJoint marketing\n\nA formal agreement between nonaffiliated financial companies that together market financial\nproducts or services to you.\n\xe2\x80\xa2 Our joint marketing partners include companies such as insurance companies\n\nOther important information\nCA and VT Residents: We will not share your information with companies outside of Capital One, except for our everyday business purposes, for marketing our prod\xc2\xad\nucts and services to you or with your consent.\nVT Residents Only: We will not disclose credit information about you within or outside the Capital One family of companies except as required or permitted by law.\nTelephone Communications \xe2\x80\x93 All telephone communications with us or our authorized agents may be monitored or recorded.\nThe above notice applies only to your Kohl\xe2\x80\x99s Card Accounts with Capital One and does not apply to any other accounts you have with the Capital One family of companies.\n\xc2\xa9 2020 Capital One. Capital One is a federally registered service mark.\n\nCardmember Agreement 0421.indd 2\n\n2/23/21 1:14 PM\n\n\x0c'