b'Credit Card Agreement for BuyPower Card in Capital One, N.A.\n\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 may differ depending\non the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains\nimportant information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One\ncardholder, please log in to 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% for 12 months.\nNon-introductory rates between 15.24% - 24.24%.\n\nIntroductory rate of\n\nThis APR will vary with the market based on the Prime Rate.\nAPR for Transfers\n\n15.24% - 24.24%.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n24.9%.\nThis APR will vary with the market based on the Prime Rate.\n\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\nNone.\n\nTransaction Fees\n\xe2\x80\xa2 Transfer\n\xe2\x80\xa2 Cash Advance\n\nNone.\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 $38.\n\nHow Do You Calculate My Balance? We use a method called \xe2\x80\x9caverage daily balance (including new transactions).\xe2\x80\x9d See\n\xe2\x80\x9cHow Do 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 Rights 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 11.99% and 20.99%; Transfer APR:\nPrime plus a margin between 11.99% and 20.99%; Cash Advance APR: Prime plus 21.65%. Any increase in the Prime Rate\nmay 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 0.04175% and 0.06641%; Transfer APR is between 0.04175%\nand 0.06641% and Cash Advance APR is 0.06822%.\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\nin full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase\nsegments are 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.\nAt 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 slightly from the Interest Charge actually assessed.\n\xc2\xa9 2021 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by\nCapital One, 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\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\nYour Revolving Credit Line and Spending\nWe will tell you your initial revolving credit line when you\nopen your Account. We may increase or decrease your\nrevolving credit line at any time without prior notice to\nyou, unless notice is required by law, and we may limit\nor take away the credit available for Cash Advances.\nYou can find your current revolving credit line on\nyour Statement. We may not authorize transactions in\nexcess of your revolving credit line. We may consider\neach transaction that may cause you to exceed your\nrevolving credit line based on several factors, including\nyour performance on this Account and other credit\naccounts you have with us and your performance with\nother creditors. If we do authorize transactions in excess\nof your revolving credit line, they will be subject to this\nAgreement. They will not result in an increase of your\nrevolving credit line.\n\nDefinitions\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.\n\xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cCapital One\xe2\x80\x9d mean Capital\nOne, National Association; and its agents, authorized\nrepresentatives, successors, and assignees.\n\nAccount Documents\nThe following documents govern your Account with us:\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 receive 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 revolving credit line or\nyour Account 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\nRewards\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\nYou must tell us when this information changes. We may\nask you for additional documents to verify any changes.\n1\n\n\x0cAccess Checks\n\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\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.\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\nRemoving an Authorized User\nIf you want to remove an Authorized User from your\nAccount, you must contact Customer Service and request\ntheir removal. You also must immediately destroy all Cards\nin their possession and cancel any arrangements they may\nhave set up on your Account. They will be able to use your\nAccount until you have notified us that you are removing\nthem from your Account. During this time, you will still be\nresponsible for all amounts they charge to your Account. You\nwill be responsible even if these amounts do not appear on\nyour Account 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 revolving credit line; 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\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.\n\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\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\nabout any errors or questions you have, as described\nin the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d on your Statement and\nother Truth-in-Lending Disclosures. If you do not notify\nus of an error, we will assume that all information on the\nStatement is correct.\n\nUsing a PIN\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.\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\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\n(3) help us get reimbursement from others.\n\nAuthorized Users\nIf you ask us to issue a Card to any other person,\n2\n\n\x0cNo Warranties\n\nStop Payment Fee\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\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\nLost or Stolen Card\n\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\nCash Advance Fee\n\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\nAccount as disclosed on your Statement and other\nTruth-in-Lending Disclosures. In general, Interest\nCharges begin to accrue from the day a transaction\noccurs. However, we will not charge you interest on\nany new transactions posted to the purchase Segment\nof your Account if you paid the total balance across all\nSegments of your Account in full by the due date on\nyour Statement each month. From time to time, we may\ngive you offers that allow you to pay less than the total\nbalance and avoid Interest Charges on new purchase\nSegment transactions. If we do, we will provide details in\nthe 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\nWe may charge you this Fee if we do not receive\nyour payment as instructed on your Statement by the\npayment due date.\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\nReturned Payment Fee\nWe may charge you this Fee each time your financial\ninstitution for any reason rejects a payment you make to us.\n\n3\n\n\x0cOther Payment Services\n\nItems with Restrictive Words, Conditions,\nor Instructions\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\nYou must mail all Items bearing restrictive words,\nconditions, limitations, or special instructions to:\nCapital One\nPO Box 1330\nCharlotte, NC 28201-1330\n\nWe are not responsible if your financial institution rejects\na payment made using our 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\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\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\nPayment Processing\n\nCredit Balances\n\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\nWe may reject and return any payment that creates or\nadds to a credit balance on your Account. Any credit\nbalance we allow will not be available until we confirm\nthat your payment has cleared. We may reduce the\namount of any credit balance by any new charges. You\nmay write to the address provided on your Statement\nor call Customer Service to request a refund of any\navailable credit balance.\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.\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 file or become the subject of a bankruptcy or\ninsolvency proceeding;\n(4) you are unable or unwilling to repay your obligations,\nincluding upon death or legally declared incapacity;\n(5) we determine that you made a false, incomplete or\nmisleading statement to us, or you otherwise tried to\ndefraud us;\n(6) you do not comply with any term of this Agreement\nor any other agreement with us; or\n(7) you permanently reside outside the United States.\n\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\nHow We Apply Your Payments\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\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\n(1) charge you Fees, or change the APRs and Fees on your\nAccount, if provided in your Truth-in-Lending Disclosures;\n(2) close or suspend your Account;\n(3) lower your revolving credit line;\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\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\n4\n\n\x0cCommunications\n\nThe Law That Applies to Your Agreement\n\nYou agree that we may communicate with you by mail,\ntelephone, email, fax, prerecorded message, automated\nvoice, text message or other means allowed by law\nregarding your Account.\n\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\nYou agree that we may contact you at any telephone\nnumber (including a mobile telephone number that\nyou provide us), and use an automated telephone\ndialing system or similar device to do so. You agree that\nwe may monitor or record any conversation or other\ncommunication with you.\n\nWaiver\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\nCredit Reports\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\nAssignment\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\ninformation about you from credit bureaus and others as\nthe law allows.\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\nClosing or Suspending Your Account\n\nGlossary\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\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\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\x9cAuthorized User\xe2\x80\x9d means a person who may use the\nCard, but is not responsible for the repayment of the\nAccount.\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\nChanges to Your Agreement\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\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\nthe index for the rate goes up or down. If we increase\nyour APRs for any other reason, or if we change your\nFees or other terms of your Account, we will notify you\nas 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.\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\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.\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\x9cFees\xe2\x80\x9d means charges imposed on your Account not\nbased on the Annual Percentage Rates.\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\x9cInterest Charges\xe2\x80\x9d means any charges to your Account\nbased on the application of Annual Percentage Rates.\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\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\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\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\nBR281646\n\nM-112863\n\n6\n\nCOF Customer Agreement 358\n\n\x0c'


b'Credit Card Agreement for Neiman Marcus/Bergdorf Goodman Cards in Capital One, 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 may differ depending\non the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains\nimportant information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One\ncardholder, please log in to 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\n25.49%.\n\nHow to Avoid Paying\nInterest on Purchases\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.\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\nNone.\n\nThis APR will vary with the market based on the Prime Rate.\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 the\n\xe2\x80\x9cHow Do You Calculate the Interest Charge?\xe2\x80\x9d section.\nWhat Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided\nin the \xe2\x80\x9cBilling Rights 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 will be updated quarterly and will take effect on the first day of your Billing Cycle which begins in January, April, July and\nOctober: Purchase APR: Prime plus 22.24%. Any increase in the Prime Rate may increase your Interest Charges and your\nMinimum Payment.\nWhat Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Purchase APR is\n0.06984%. See the \xe2\x80\x9cHow Do You Calculate the Interest Charge?\xe2\x80\x9d section.\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 Credit Plan, we 1) take the beginning balance and add in\nnew transactions and the periodic interest charge on the previous day\xe2\x80\x99s balance, then 2) subtract any payments and credits\nfor that Credit Plan as of that day. The result is the daily balance for each Credit Plan. However, if you paid your previous\nmonth\xe2\x80\x99s non-promotional purchases balance in full (or if your balance was zero or a credit amount), new transactions which\npost to your purchase or special purchase Credit Plans are not added to the daily balances. Also, transactions subject to a\ngrace period are not added to the daily balances.\nNext, to find your Average Daily Balance we: 1) add the daily balances together for each Credit Plan, and 2) divide the sum by\nthe number of days in the Billing Cycle.\nAt the end of each Billing Cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by\nthe daily periodic rate (APR divided by 365) for each Credit Plan, and 2) multiply the result by the number of days in the\nbilling period.\nWe add the Interest Charges for all Credit Plans together. The result is your total Interest Charge for the Billing Cycle.\nNOTE: Due to rounding or a minimum interest charge, this calculation may vary from the Interest Charge\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, N.A. Capital One supports information privacy protection: see our website at www.capitalone.com.\n\n\x0cNeiman Marcus or Bergdorf Goodman Card\nissued by Capital One Customer Agreement\nWelcome to Capital One\n\nUsing Your Account\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 with\nCapital One.\n\n(1) This Agreement applies whether or not you use your\nCard or Account. It will continue to apply even after your\nAccount is closed, as long as you have a balance.\n(2) You must sign the Card immediately when you receive 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 and Account.\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 do\nnot 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) You must not use, or try to use, the Card for any illegal\nactivity. You are responsible for any charges if you do.\n(9) We are not liable for any losses that may result when\nour services are unavailable due to reasons beyond\nour control.\n(10) You may use your Account for purchases at\nparticipating retail locations that accept the Card.\n\nDefinitions\n\nThe meanings of the terms you see in italics appear in the\nGlossary 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 and coapplicant for the Account; any person responsible for paying\nthe Account; and any person responsible for complying\nwith this Agreement. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cCapital One\xe2\x80\x9d\nmean Capital One, National Association; and its agents,\nauthorized representatives, successors, and assignees.\n\nAccount Documents\n\nThe following documents govern your Account with us:\n(1) this Agreement;\n(2) all Statements;\n(3) any privacy notices;\n(4) all disclosures and materials provided to you before or\nwhen you opened your Account;\n(5) any other documents and disclosures relating to your\nAccount, including those provided online; and\n(6) any future changes we make to any of the above.\nPlease read these carefully and keep them for\nfuture reference.\n\nPromotional Credit Plans\n\nFrom time to time, we may offer one or more promotional\nCredit Plans prior to or at the time of your purchase. Only\ncertain purchases may be eligible for promotional Credit\nPlans. These Credit Plans may have special repayment\nterms and are conditioned on your timely payment of at\nleast the required payment amount each Billing Cycle.\n1. Waived Interest Charge - With this plan there are no\nInterest Charges on your purchase for a specified period.\n2. Reduced Rate - With this plan, you will receive a\nreduced Annual Percentage Rate (APR) on your\npurchase for a specified period.\n\nNew Offers\n\nIn the future, we may provide you with new offers that we\nthink may interest you. The terms of these offers may differ\nfrom the standard terms on your Account. This Agreement\nwill still apply.\n\nAccount Information\n\nWe need information about you to manage your Account.\nThis includes:\n(1) your legal name;\n(2) a valid U.S. mailing address and residential address (if\ndifferent);\n(3) your date of birth;\n(4) your Social Security number or other government\nidentification number we accept;\n(5) your telephone number(s); and\n(6) your employment and income information.\nYou must tell us when this information changes. We may\nask you for additional documents to verify any changes. We\nmay restrict or close your Account if we cannot verify your\ninformation, or if you do not provide it as requested.\n\nAuthorized Users\n\nIf you ask us to issue a Card to any other person, they are\nan Authorized User. We may require certain information\nabout them. We may limit their ability to use your Card.\nThey may have access to certain information about your\nAccount. You will be responsible for their use of the\nAccount and anyone else they allow to use your Account,\neven if you did not want, or agree to, that use.\n\nRemoving an Authorized User\n\nWhen you open your Account, we will tell you your credit\nlimit. This will also appear on your Statement. We may also\nrefer to your credit limit as your credit line.\nYou are responsible for keeping track of your balance and\nyour available credit. You must manage your Account to\nremain below your credit limits. We may honor transactions\nabove your credit limits, but if we do these transactions\nwill not increase your credit limit. You are responsible for\npaying for any transaction you make above your credit limit.\n\nIf you want to remove an Authorized User from your\nAccount, you must contact Customer Service and request\ntheir removal. You also must immediately destroy all Cards\nin their possession and cancel any arrangements they may\nhave set up on your Account. They will be able to use your\nAccount until you have notified us that you are removing\nthem from your Account. During this time, you will still be\nresponsible for all amounts they charge to your Account.\nYou will be responsible even if these amounts do not appear\non your Account until later. Authorized Users may remove\nthemselves from your Account upon request. We reserve the\nright to remove them from your Account for any reason. To\nremove them from your Account, we may close your existing\nAccount and issue a new Card with a new Account number.\n\nWe may also increase, decrease, restrict or cancel your\ncredit limit at any time. This will not affect your obligation\nto pay us.\n\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\n\nCredit Limit\n\nYour Promise to Pay\n\n1\n\n\x0ctransactions 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\nWe will generally treat Fees as purchase transactions\nunless otherwise specified below. These Fees apply to your\nAccount only if your Truth-in-Lending Disclosures provide\nfor them. We may increase your Interest Charges and Fees\nas described in the Changes to Your Agreement section\nor in your Truth-in-Lending Disclosures.\n\nStatements\n\nWe will generally send, or make available to you, one\nStatement for all Cards on your Account at the end of each\nBilling Cycle. Under certain circumstances, the law may not\nrequire us to send, or make available to you, a Statement,\nor may prohibit us from doing so.\n\nLate Payment Fee\n\nDisputed Transactions\n\nYou must pay us at least the minimum payment amount by\nthe 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 for\nus to consider it received as of that date.\nReturns and other credits to your Account will reduce your\nAccount balance, but they will not change your minimum\npayment amount.\nIn addition to the minimum payment, you may pay all or\npart of the total balance on your Account. But, you must\nstill pay at least the minimum payment amount each month,\neven if you paid more than the minimum payment due on\nthe previous Statement. We will continue to charge Interest\nCharges during Billing Cycles when you carry a balance\nregardless of whether your Statement includes a minimum\npayment that is due. If your Account is 180 days past due,\nis part of a bankruptcy proceeding or is otherwise charged\noff, the total balance is immediately due and payable.\n\nWe may charge you this Fee if we do not receive your\npayment as instructed on your Statement by the payment\ndue date.\n\nMinimum Payment\n\nYou must inspect each Statement you receive. Tell us\nabout any errors or questions you have, as described in\nthe \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d on your Statement and other\nTruth-in-Lending Disclosures. If you do not notify us of an\nerror, we will assume that all information on the Statement\nis correct.\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(1) give us any information about the disputed transaction,\nif we ask;\n(2) not pursue any claim or reimbursement of the\ntransaction amount from the merchant or any other\nperson; and\n(3) help us get reimbursement from others.\n\nNo Warranties\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\nMaking Payments\n\nLost or Stolen Card\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 make\npayments with funds from your Account or any other credit\naccount with us or any other company in the Capital One\norganization. You must send mailed payments to us as\ninstructed on your Statement, unless we tell you otherwise.\n\nIf your Card is lost or stolen or if you think someone else\nmay be using your Card or Account number without\nyour permission, you must contact Customer Service\nimmediately. You will not be responsible for transactions on\nyour Account that we find are unauthorized.\nIf we reimburse you for unauthorized transactions, you will\nhelp us investigate, pursue and get reimbursement from\nthe wrongdoer. Your help includes giving us documents in a\nform that we request.\n\nOther Payment Services\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.\nWe are not responsible if your financial institution rejects a\npayment made using our payment services.\nIf you ask someone else to make a payment for you, we\nmay provide that person with limited Account information\nnecessary to set up and process that payment. We may\nalso refuse to accept that payment. If we do accept it, you\nwill be responsible for that payment even if a financial\ninstitution rejects it.\n\nInterest Charges and Fees\n\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\non any unpaid amount from the date of the transaction, date\nthe transaction is processed or the first day of the Billing\nCycle. However, we will not charge you interest on any\nnew transactions posted to your Account if you pay your\n\xe2\x80\x9cNew Balance\xe2\x80\x9d in full by the due date on your Statement\neach month. If you did not pay your \xe2\x80\x9cNew Balance\xe2\x80\x9d in full\nwhen due for a Billing Cycle, interest will continue to accrue\nbetween the time that we calculate your \xe2\x80\x9cNew Balance,\xe2\x80\x9d\nas reflected on your Statement, and when we receive your\npayment. This interest will post on your next Statement. That\nis why if you start accruing Interest Charges, you generally\nmust pay your \xe2\x80\x9cNew Balance\xe2\x80\x9d in full for two consecutive\nBilling Cycles before Interest Charges stop posting to\nyour Statement. If you have a Waived Interest Charge or\nReduced Rate Credit Plan balance, we will exclude that\npromotional plan balance from the amount you must pay\nin full to avoid Interest Charges. However, you must still\npay the full non-promotional purchase Credit Plan balance\ndisplayed on your Billing Statement each month, plus any\nminimum payment due appearing on your Statement.\n\nPayment Processing\n\nWe may accept and process payments without losing any\nof our rights. We may delay the availability of credit until we\nconfirm that your payment has cleared. This may happen\neven if we credit your payment to your Account. We may\nresubmit and collect returned payments electronically. If\nnecessary, we may adjust your Account to correct errors,\nprocess returned and reversed payments, and handle\nsimilar issues.\nWhen you send us an Item as payment, you authorize\nus to make a one-time electronic fund transfer from your\ndeposit account. You also authorize us to process the\n2\n\n\x0cpayment as an Item. We may withdraw the funds from\nyour deposit account as early as the same day we receive\nyour payment. You will not receive your Item back from\nyour bank. We will provide additional information about this\nprocess 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\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\nHow We Apply Your Payments\n\nCommunications\n\nYour Account may have Credit Plans with different Annual\nPercentage Rates (APR). If your Account has Credit\nPlan balances with different APRs, here is how we apply\npayments in a Billing Cycle:\n(1) We generally apply credits and payments up to your\nminimum payment first to the balance with the lowest\nAPR, 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 APR,\nand then to balances with lower APRs.\n\nYou agree that we may communicate with you by mail,\ntelephone, email, fax, prerecorded message, automated\nvoice, text message or other means allowed by law\nregarding your Account.\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\nCredit Reports\n\nItems with Restrictive Words, Conditions,\nor Instructions\n\nWe may report information about your Account to credit\nbureaus and others. Late payments, missed payments, or\nother defaults on your Account may be reflected in your\ncredit report. Information we provide may appear on your\nand the Authorized Users\xe2\x80\x99 credit reports.\nIf you believe that we have reported inaccurate information\nabout your Account to a credit bureau or other consumer\nreporting agency, notify us in writing at P.O. Box 30281,\nSalt Lake City, UT 84130-0281. When you write, tell us the\nspecific information that you believe is incorrect and why\nyou believe it is incorrect.\nWe may obtain and use credit, income and other\ninformation about you from credit bureaus and others as\nthe law allows.\n\nYou must mail all Items bearing restrictive words, conditions,\nlimitations, or special instructions to:\nCapital One\nP.O. Box 1330\nCharlotte, NC 28201-1330\nThis includes Items marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d or similar language.\nThis also includes all accompanying communications.\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 it\nwithout losing any of our rights.\n\nCredit Balances\n\nClosing or Suspending Your Account\n\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\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.\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 or\npermanently suspend your Account, you must return or\ndestroy all Cards. You must still pay us all amounts you\nowe on the Account.\n\nAccount Default\n\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 cannot\nbe 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 or\nany other agreement with us; or\n(8) you permanently reside outside the United States.\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\nChanges to Your Agreement\n\nAt any time, we may add, delete or change any term of\nthis Agreement, unless the law prohibits us from doing so.\nWe will give you notice of any changes as required by law.\nWe may notify you of changes on your Statement or in a\nseparate notice. Our notice will tell you when and how the\nchanges will take effect. The notice will describe any rights\nyou 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\nThe Law That Applies to Your Agreement\n\nWe make decisions to grant credit and issue you a Card\nfrom our offices in Virginia. This Agreement is governed\n3\n\n\x0cby applicable federal law and by Virginia law. If any part of\nthis Agreement is unenforceable, the remaining parts will\nremain in effect.\n\n\xe2\x80\xa2 \xe2\x80\x9cCard\xe2\x80\x9d means the Neiman Marcus or Bergdorf Goodman\ncredit card issued by Capital One associated with your\nAccount. This includes all renewals and substitutions. It\nalso means any other access device for your Account we\ngive you that allows you to obtain credit, including any\nAccount number.\n\xe2\x80\xa2 \xe2\x80\x9cCredit Plans\xe2\x80\x9d mean the different parts of your Account\nwe may establish that are subject to unique APRs, pricing,\nor other terms. The sum of your Credit Plan balances\nequals your total Account balance.\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\nyour Account based on the application of Annual\nPercentage Rates.\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. This\nincludes any image of these instruments.\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\xe2\x80\xa2 \xe2\x80\x9cTruth-in-Lending Disclosures\xe2\x80\x9d means disclosures\nthat the federal Truth in Lending Act and Regulation Z\nrequire for any Account. This includes your application\nand solicitation disclosures, Account opening disclosures,\nsubsequent disclosures, Statements, and change in terms\nnotices.\n\nWaiver\n\nWe will not lose any of our rights if we delay or choose not\nto take any action for any reason. We may waive our right\nwithout notifying you. For example, we may waive your\nInterest Charges or Fees without notifying you and without\nlosing our right to charge them in the future.\n\nAssignment\n\nThis Agreement will be binding on, and benefit, any of your\nand our successors and assigns. You may not sell, assign\nor transfer your Account or this Agreement to someone else\nwithout our written permission.\nWe may sell, assign or transfer your Account and this\nAgreement without your permission and without prior notice\nto you. Any assignee or assignees will take our place under\nthis Agreement. You must pay them and perform all of your\nobligations to them and not us. If you pay us after we notify\nyou that we have transferred your Account or this Agreement,\nwe can return the payment to you, forward the payment to the\nassignee, or handle it in another way that is reasonable.\n\nGlossary\n\n\xe2\x80\xa2 \xe2\x80\x9cAccount\xe2\x80\x9d means your Card Account with us.\n\xe2\x80\xa2 \xe2\x80\x9cAuthorized User\xe2\x80\x9d means a person who may use\nthe Card, but is not responsible for the repayment of\nthe Account.\n\xe2\x80\xa2 \xe2\x80\x9cBilling Cycle\xe2\x80\x9d means the period of time reflected\non a Statement. This period may vary in length, but is\napproximately 30 days. You will have a Billing Cycle even\nif a Statement is not required. We will often specify a\nBilling Cycle by the month in which its closing date occurs.\nFor example, a \xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will have a closing\ndate in March. We may also refer to a Billing Cycle as a\n\xe2\x80\x9cBilling Period\xe2\x80\x9d. If your Account balance has charged off,\nwe may switch to quarterly Billing Cycles for your Account.\n\n\xc2\xa9 2021 Capital One\nCapital One is a federally registered service mark.\nAll rights reserved.\nBR411054\n\nM-131152\n\n4\n\nCOF Customer Agreement 430\n\n\x0c'


b'Credit Card Agreement for Consumer Secured 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. The Customer Agreement contains important\ninformation related to consumer credit cards issued by Capital One Bank (USA), N.A. Please visit www.capitalone.com to view\nour online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request\nthe Credit Card Agreement for your account(s).\nCAPITAL ONE PRICING INFORMATION\nAnnual Percentage Rate\n(APR) for Purchases\n\n22.99% - 26.99%.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Transfers\n\n22.99% - 26.99%.\nThis APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances 22.99% - 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 interest\non new purchases, provided you have paid your previous balance in full by the due date each\nmonth. We will begin charging interest on cash advances and transfers on the transaction 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\nNone.\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 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\nand October billing periods: Purchase APR: Prime plus 19.74% - 23.74%; Transfer APR: Prime plus 19.74% - 23.74%; Cash\nAdvance APR: Prime plus 19.74% - 23.74%. Any increase in the Prime Rate may increase your Interest Charges and your\nMinimum Payment.\nWhat Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Purchase APR is\n0.06299% - 0.07395%, Transfer APR is 0.06299% - 0.07395%, and Cash Advance APR is 0.06299% - 0.07395%. See \xe2\x80\x9cHow\nDo You Calculate 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\nCredit Limits\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\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.\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.\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\nDefinitions\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\nAccount Documents\nThe following documents govern your Account with us:\n(1) this Agreement;\n(2) all Statements;\n(3) any rewards program terms, conditions, and disclosures;\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.\nPlease read these carefully and keep them for\nfuture reference.\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\nillegal activity. You are responsible for any charges if\nyou 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\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.\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\nRewards\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.\n1\n\n\x0cAccess Checks\n\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\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.\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(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.\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\nRemoving an Authorized User\nIf you want to remove an Authorized User from your\nAccount, you must contact Customer Service and request\ntheir removal. You also must immediately destroy all Cards\nin their possession and cancel any arrangements they may\nhave set up on your Account. They will be able to use your\nAccount until you have notified us that you are removing\nthem from your Account. During this time, you will still be\nresponsible for all amounts they charge to your Account. You\nwill be responsible even if these amounts do not appear on\nyour Account until later.\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\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 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(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\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\nDisputed Transactions\n\nAuthorized Users\n\nYou must inspect each Statement you receive. Tell us\nabout any errors or questions you have, as described\nin the \xe2\x80\x9cBilling Rights Summary\xe2\x80\x9d on your Statement and\nother Truth-in-Lending Disclosures. If you do not notify\nus of an error, we will assume that all information on the\nStatement is correct.\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(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\n(3) help us get reimbursement from others.\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\n\nWe are not responsible for any claim you may have\nregarding the purchase of goods or services made with\n\nUsing a PIN\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\nNo Warranties\n2\n\n\x0cyour Card beyond your rights described in the \xe2\x80\x9cBilling\nRights Summary\xe2\x80\x9d on your Statement.\n\nCash Advance. We will treat this Fee as a Cash Advance\ntransaction.\n\nLost or Stolen Card\n\nTransfer Fee\n\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.\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\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\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.\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\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.\nReturns and other credits to your Account will reduce\nyour Account balance, but they will not change your\nminimum payment amount.\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\nMembership Fee\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\nMaking Payments\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\nLate Payment Fee\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.\n\nOther Payment Services\n\nStop Payment Fee\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.\nWe are not responsible if your financial institution rejects\na payment made using our payment services.\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\nCash Advance Fee\nWe may charge you this Fee each time you take out a\n3\n\n\x0cIf you ask someone else to make a payment for you, we\nmay provide that person with limited Account information\nnecessary to set up and process that payment. We may\nalso refuse to accept that payment. If we do accept it, you\nwill be responsible for that payment even if a financial\ninstitution rejects it.\n\nand return it to you. We may also accept it and process\nit without losing any of our rights.\n\nCredit Balances\nWe may reject and return any payment that creates or\nadds to a credit balance on your Account. Any credit\nbalance we allow will not be available until we confirm\nthat your payment has cleared. We may reduce the\namount of any credit balance by any new charges. You\nmay write to the address provided on your Statement\nor call Customer Service to request a refund of any\navailable 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.\nWhen you send us an Item as payment, you authorize us to\nmake a one-time electronic fund transfer from your deposit\naccount. You also authorize us to process the payment as an\nItem. We may withdraw the funds from your deposit account\nas early as the same day we receive your payment. You will\nnot receive your Item back from your bank. We will provide\nadditional information about this process on your Statement.\nWe may use the information from an Item to create\nan electronic image. We may collect and return the\nimage electronically. This electronic image may also be\nconverted to a substitute check and may be processed\nin the same way we would process an Item. We will\nnot be responsible if an Item you provide has physical\nfeatures that when imaged result in it not being\nprocessed as you intended.\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;\n(8) you permanently reside outside the United States; or\n(9) we receive a garnishment, attachment or other levy\nupon the Security Account, or the Security Account\nis subject to any other legal proceeding.\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(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\nHow We Apply Your Payments\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:\nCapital One\nPO Box 1330\nCharlotte, NC 28201-1330\n\nCommunications\nYou agree that we may communicate with you by mail,\ntelephone, email, fax, prerecorded message, automated\nvoice, text message or other means allowed by law\nregarding your Account.\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\n\nThis includes Items marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d or similar\nlanguage. This also includes all accompanying\ncommunications.\nIf you make such a payment or send any accompanying\ncommunications to any other address, we may reject it\n4\n\n\x0cAssignment\n\ndevice to do so. You agree that we may monitor or record\nany conversation or other communication with you.\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.\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\nCredit Reports\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.\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\nSecurity Agreement\nYou must provide a security deposit in U.S. dollars\nfrom a U.S. deposit account (the \xe2\x80\x9cFunds\xe2\x80\x9d) to secure\nthe obligations to us that you incur in connection with\nyour Account (\xe2\x80\x9cObligations\xe2\x80\x9d). All Funds will be held in a\nSecurity Account. We will maintain separate records of\nyour Security Account. The Security Account is insured\nby the Federal Deposit Insurance Corporation (\xe2\x80\x9cFDIC\xe2\x80\x9d)\nto the extent permitted by law. Subject to this Security\nAgreement, you will be the beneficial owner of the\nSecurity Account for purposes of FDIC insurance. We\nwill not send statements for the Security Account.\nWe may allow you to add additional Funds to the Security\nAccount in order to grant an increase of your credit limit.\nYou may not withdraw Funds from the Security Account\nunless your Account is closed and paid to a $0 balance.\nWe will not pay interest on the Security Account, unless\nwe tell you we will in the secured credit Card offer. If\nwe do pay interest on the Security Account, it will be\ndeposited to the Security Account as proceeds of the\nFunds to further secure the Obligations.\nYou grant to us, as of the date you deliver Funds to us, a\nsecurity interest in the Funds, any additions to the Funds,\nany proceeds of the Funds and any interest on any of these\n(collectively the \xe2\x80\x9cCollateral\xe2\x80\x9d) to secure your performance\nof the Obligations. You irrevocably and unconditionally\nrelinquish possession and control over the Collateral, and\nyou pledge and assign as security to us all of your right, title\nand interest in it. You must take any action we request to\nperfect or protect our first lien position security interest in\nthe Collateral. You waive the benefit of any homestead or\nother exemptions in the Collateral.\nIf (1) you are in default of any Obligation under the\nCustomer Agreement; or (2) your Account is closed for any\nreason, you authorize us to withdraw Collateral from the\nSecurity Account and apply such amounts to the Account\nwithout sending you notice or demand for payment. We\nmay do this in addition to any other rights we have under\nthe law or the Agreement. The application of Funds to your\nAccount will not change your minimum payment amount.\nYou are responsible for the repayment of any Obligation\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.\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\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\nthe index for the rate goes up or down. If we increase\nyour APRs for any other reason, or if we change your\nFees or other terms of your Account, we will notify you\nas required by law.\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\nWaiver\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.\n5\n\n\x0c\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\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.\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\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\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\xe2\x80\xa2\xe2\x80\x9cSegments\xe2\x80\x9d means the different parts of your Account we\nmay establish that are subject to unique APRs, pricing,\nor other terms. We create these parts of your Account\nfor such things as your purchases, Balance Transfers,\nCash Advances and Special Transfers. The sum of your\nSegment balances equals your total Account balance.\n\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\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\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\xe2\x80\xa2\xe2\x80\x9cTruth-in-Lending Disclosures\xe2\x80\x9d means disclosures that the\nfederal Truth in Lending Act and Regulation Z require for\nany Account. This includes your application and solicitation\ndisclosures, Account opening disclosures, subsequent\ndisclosures, Statements, and change in terms notices.\n\nthat is not satisfied by the application of Collateral. We may\ntake up to 60 days to return any excess Collateral to you.\nLegal Proceedings.\n(1) You represent that (a) there are no current lawsuits\nor bankruptcy proceedings that might affect our\ninterest in the Collateral; and (b) You have not\nand will not attempt to transfer any interest in the\nCollateral to any other person or offer the Collateral\nas security for any other obligation.\n(2) If any other person seeks to attach the Collateral, for\nexample by legal garnishment, you agree that we may\ndeem the balance of the Account immediately payable\nand apply the Collateral as payment of the Obligations.\n(3) If we must hire an attorney to defend or enforce our\nrights under this Security Agreement or to perform\nany legal services in connection with this Security\nAgreement, You will pay our reasonable attorneys\xe2\x80\x99\nfees and court costs, unless the law does not allow\nus to collect these amounts.\nIf there is no activity with respect to your Account for\na prescribed period of time (generally five years), the\nCollateral may be presumed to have been abandoned\nand will escheat to and become the property of the\nCommonwealth of Virginia or another applicable state. If\nthis happens, we will stop paying any interest on it. We\nwill notify you if required by law prior to escheating any\nCollateral held under this Security Agreement.\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\xe2\x80\xa2\xe2\x80\x9cAccount\xe2\x80\x9d means your Card Account with us.\n\xe2\x80\xa2\xe2\x80\x9cAuthorized User\xe2\x80\x9d means a person who may use the\nCard, but is not responsible for the repayment of the\nAccount.\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\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 even if\na Statement is not required. We will often specify a Billing\nCycle by the month in which its closing date occurs. For\nexample, a \xe2\x80\x9cMarch Billing Cycle\xe2\x80\x9d will have a closing date\nin March. We may also refer to a Billing Cycle as a \xe2\x80\x9cBilling\nPeriod\xe2\x80\x9d. If your Account balance has charged off, we may\nswitch to quarterly Billing Cycles for your Account.\n\n\xc2\xa9 2014 Capital One\nCapital One is a federally registered service mark.\nAll rights reserved.\nBR281642\n\nM-112859\n\n6\n\nCOF Customer Agreement 301\n\n\x0c'