Credit Card Agreement for Neiman Marcus/Bergdorf Goodman Cards in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer 
Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts 
available under this Agreement as of December 31, 2021. The combination of terms that could apply to you may differ 
depending on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement 
contains important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One 
cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s).

CAPITAL ONE PRICING INFORMATION 
25.49%.

Annual Percentage Rate 
(APR) for Purchases

This APR will vary with the market based on the Prime Rate.

How to Avoid Paying 
Interest on Purchases

Your due date is at least 25 days after the close of each billing cycle. We will not charge you 
interest on new purchases, provided you have paid your previous balance in full by the due 
date each month. 

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau

To learn more about factors to consider when applying for or using a credit card,
visit the website of the Consumer Financial Protection Bureau at  
http://www.consumerfinance.gov/learnmore.

Annual Fee

Penalty Fees
• Late Payment

None.

Up to $40.

How Do You Calculate My Balance? We use a method called “average daily balance (including new transactions)”. See the 
“How Do You Calculate the Interest Charge?” section.

What Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided 
in the “Billing Rights Summary” on your Statement and other Truth-in-Lending Disclosures.

THINGS YOU SHOULD KNOW ABOUT THIS CARD

How Do You Calculate My Variable Rates? Your variable rates may change when the Prime Rate changes. We calculate 
variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of December, 
March, June and September. If the Journal is not published on that day, then see the immediately preceding edition. Variable 
rates will be updated quarterly and will take effect on the first day of your Billing Cycle which begins in January, April, July and 
October: Purchase APR: Prime plus 22.24%. Any increase in the Prime Rate may increase your Interest Charges and your 
Minimum Payment.

What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Purchase APR is 
0.06984%. See the “How Do You Calculate the Interest Charge?” section.

How Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions).
Under this method, we first calculate your daily balance; for each Credit Plan, we 1) take the beginning balance and add in 
new transactions and the periodic interest charge on the previous day’s balance, then 2) subtract any payments and credits 
for that Credit Plan as of that day. The result is the daily balance for each Credit Plan. However, if you paid your previous 
month’s non-promotional purchases balance in full (or if your balance was zero or a credit amount), new transactions which 
post to your purchase or special purchase Credit Plans are not added to the daily balances. Also, transactions subject to a 
grace period are not added to the daily balances.

Next, to find your Average Daily Balance we: 1) add the daily balances together for each Credit Plan, and 2) divide the sum by 
the number of days in the Billing Cycle. 

At the end of each Billing Cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by  
the daily periodic rate (APR divided by 365) for each Credit Plan, and 2) multiply the result by the number of days in the  
billing period. 

We add the Interest Charges for all Credit Plans together. The result is your total Interest Charge for the Billing Cycle. 

NOTE: Due to rounding or a minimum interest charge, this calculation may vary from the Interest Charge actually assessed.

© 2021 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by 
Capital One, N.A. Capital One supports information privacy protection: see our website at www.capitalone.com.

  
Neiman Marcus or Bergdorf Goodman Card  
issued by Capital One Customer Agreement

Welcome to Capital One
Thank you for opening a credit card account with us. 
This Customer Agreement, including any changes to it 
(“Agreement”), contains the terms of your agreement with 
Capital One.
Definitions
The meanings of the terms you see in italics appear in the 
Glossary section at the end of this Agreement.
As used here, “you” and “your” mean each applicant and co-
applicant for the Account; any person responsible for paying 
the Account; and any person responsible for complying 
with this Agreement. “We,” “us,” “our,” and “Capital One” 
mean Capital One, National Association; and its agents, 
authorized representatives, successors, and assignees.
Account Documents
The following documents govern your Account with us:
(1) this Agreement;
(2) all Statements;
(3) any privacy notices;
(4)  all disclosures and materials provided to you before or 

when you opened your Account;

(5)  any other documents and disclosures relating to your 

Account, including those provided online; and
(6)  any future changes we make to any of the above.
Please read these carefully and keep them for  
future reference.
New Offers
In the future, we may provide you with new offers that we 
think may interest you. The terms of these offers may differ 
from the standard terms on your Account. This Agreement 
will still apply.
Account Information
We need information about you to manage your Account. 
This includes:
(1) your legal name;
(2)  a valid U.S. mailing address and residential address (if 

different);

(3) your date of birth;
(4)  your Social Security number or other government 

identification number we accept;

(5) your telephone number(s); and
(6) your employment and income information.
You must tell us when this information changes. We may 
ask you for additional documents to verify any changes. We 
may restrict or close your Account if we cannot verify your 
information, or if you do not provide it as requested.
Credit Limit
When you open your Account, we will tell you your credit 
limit. This will also appear on your Statement. We may also 
refer to your credit limit as your credit line.
You are responsible for keeping track of your balance and 
your available credit. You must manage your Account to 
remain below your credit limits. We may honor transactions 
above your credit limits, but if we do these transactions 
will not increase your credit limit. You are responsible for 
paying for any transaction you make above your credit limit.

We may also increase, decrease, restrict or cancel your 
credit limit at any time. This will not affect your obligation 
to pay us.

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Using Your Account
(1)  This Agreement applies whether or not you use your 

Card or Account. It will continue to apply even after your 
Account is closed, as long as you have a balance.

(2)  You must sign the Card immediately when you receive it.
(3)  You must return the Card to us or destroy it if we ask 

you to.

(4)  You must take reasonable steps to prevent the 
unauthorized use of your Card and Account.

(5)  We may decline to authorize a transaction for any 

reason. This may occur even if the transaction would 
not cause you to go over your credit limit or your 
Account is not in default.

(6)  We are not responsible for any losses you incur if we do 

not authorize a transaction.

(7)  We are not responsible for any losses you incur if 

anyone refuses to accept your Card for any reason.
(8)  You must not use, or try to use, the Card for any illegal 
activity. You are responsible for any charges if you do.
(9)  We are not liable for any losses that may result when 
our services are unavailable due to reasons beyond  
our control.

(10)  You may use your Account for purchases at 

participating retail locations that accept the Card.

Promotional Credit Plans
From time to time, we may offer one or more promotional 
Credit Plans prior to or at the time of your purchase. Only 
certain purchases may be eligible for promotional Credit 
Plans. These Credit Plans may have special repayment 
terms and are conditioned on your timely payment of at 
least the required payment amount each Billing Cycle.
1.  Waived Interest Charge - With this plan there are no 

Interest Charges on your purchase for a specified period.

2.  Reduced Rate - With this plan, you will receive a 
reduced Annual Percentage Rate (APR) on your 
purchase for a specified period.

Authorized Users
If you ask us to issue a Card to any other person, they are 
an Authorized User. We may require certain information 
about them. We may limit their ability to use your Card. 
They may have access to certain information about your 
Account. You will be responsible for their use of the 
Account and anyone else they allow to use your Account, 
even if you did not want, or agree to, that use.
Removing an Authorized User
If you want to remove an Authorized User from your 
Account, you must contact Customer Service and request 
their removal. You also must immediately destroy all Cards 
in their possession and cancel any arrangements they may 
have set up on your Account. They will be able to use your 
Account until you have notified us that you are removing 
them from your Account. During this time, you will still be 
responsible for all amounts they charge to your Account. 
You will be responsible even if these amounts do not appear 
on your Account until later. Authorized Users may remove 
themselves from your Account upon request. We reserve the 
right to remove them from your Account for any reason. To 
remove them from your Account, we may close your existing 
Account and issue a new Card with a new Account number.
Your Promise to Pay
You promise to pay us all amounts due on your Account. 
This includes amounts where you did not sign a purchase 
slip or other documents for the transaction. We will treat 

 
transactions made without presenting your actual Card 
(such as for mail, telephone, Internet, or mobile device 
purchases) the same as if you used the Card in person. If 
you let someone else use your Card, you are responsible 
for all transactions that person makes.
Statements
We will generally send, or make available to you, one 
Statement for all Cards on your Account at the end of each 
Billing Cycle. Under certain circumstances, the law may not 
require us to send, or make available to you, a Statement, 
or may prohibit us from doing so.
Disputed Transactions
You must inspect each Statement you receive. Tell us 
about any errors or questions you have, as described in 
the “Billing Rights Summary” on your Statement and other 
Truth-in-Lending Disclosures. If you do not notify us of an 
error, we will assume that all information on the Statement 
is correct.
If we credit your Account for all or part of a disputed 
transaction, you give us all of your rights against others 
regarding that transaction. You will also:
(1)  give us any information about the disputed transaction, 

if we ask;

(2)  not pursue any claim or reimbursement of the 

transaction amount from the merchant or any other 
person; and

(3) help us get reimbursement from others.
No Warranties
We are not responsible for any claim you may have 
regarding the purchase of goods or services made with 
your Card beyond your rights described in the “Billing 
Rights Summary” on your Statement.
Lost or Stolen Card
If your Card is lost or stolen or if you think someone else 
may be using your Card or Account number without 
your permission, you must contact Customer Service 
immediately. You will not be responsible for transactions on 
your Account that we find are unauthorized.
If we reimburse you for unauthorized transactions, you will 
help us investigate, pursue and get reimbursement from 
the wrongdoer. Your help includes giving us documents in a 
form that we request.
Interest Charges and Fees
We will charge Interest Charges and Fees to your Account 
as disclosed on your Statement and other Truth-in-Lending 
Disclosures. In general, Interest Charges begin to accrue 
on any unpaid amount from the date of the transaction, date 
the transaction is processed or the first day of the Billing 
Cycle. However, we will not charge you interest on any 
new transactions posted to your Account if you pay your 
“New Balance” in full by the due date on your Statement 
each month. If you did not pay your “New Balance” in full 
when due for a Billing Cycle, interest will continue to accrue 
between the time that we calculate your “New Balance,” 
as reflected on your Statement, and when we receive your 
payment. This interest will post on your next Statement. That 
is why if you start accruing Interest Charges, you generally 
must pay your “New Balance” in full for two consecutive 
Billing Cycles before Interest Charges stop posting to 
your Statement. If you have a Waived Interest Charge or 
Reduced Rate Credit Plan balance, we will exclude that 
promotional plan balance from the amount you must pay 
in full to avoid Interest Charges. However, you must still 
pay the full non-promotional purchase Credit Plan balance 
displayed on your Billing Statement each month, plus any 
minimum payment due appearing on your Statement.

We will generally treat Fees as purchase transactions 
unless otherwise specified below. These Fees apply to your 
Account only if your Truth-in-Lending Disclosures provide 
for them. We may increase your Interest Charges and Fees 
as described in the Changes to Your Agreement section 
or in your Truth-in-Lending Disclosures.
Late Payment Fee
We may charge you this Fee if we do not receive your 
payment as instructed on your Statement by the payment 
due date.
Minimum Payment
You must pay us at least the minimum payment amount by 
the payment due date. Your Statement will tell you:
(1) the minimum payment due,
(2) your new balance,
(3) the payment due date, and
(4)  an explanation of when the payment must reach us for 

us to consider it received as of that date.

Returns and other credits to your Account will reduce your 
Account balance, but they will not change your minimum 
payment amount.
In addition to the minimum payment, you may pay all or 
part of the total balance on your Account. But, you must 
still pay at least the minimum payment amount each month, 
even if you paid more than the minimum payment due on 
the previous Statement. We will continue to charge Interest 
Charges during Billing Cycles when you carry a balance 
regardless of whether your Statement includes a minimum 
payment that is due. If your Account is 180 days past due, 
is part of a bankruptcy proceeding or is otherwise charged 
off, the total balance is immediately due and payable.
Making Payments
Your payment must be made in U.S. dollars from a U.S. 
deposit account in a form acceptable to us. We do not 
accept cash payments through the mail. You may not make 
payments with funds from your Account or any other credit 
account with us or any other company in the Capital One 
organization. You must send mailed payments to us as 
instructed on your Statement, unless we tell you otherwise.
Other Payment Services
We may make services available that allow you to make 
faster or recurring payments online or by telephone. We 
will describe the terms for using these services and any 
applicable Fee before you use them. You do not have to 
use these other payment services.
We are not responsible if your financial institution rejects a 
payment made using our payment services.
If you ask someone else to make a payment for you, we 
may provide that person with limited Account information 
necessary to set up and process that payment. We may 
also refuse to accept that payment. If we do accept it, you 
will be responsible for that payment even if a financial 
institution rejects it.
Payment Processing
We may accept and process payments without losing any 
of our rights. We may delay the availability of credit until we 
confirm that your payment has cleared. This may happen 
even if we credit your payment to your Account. We may 
resubmit and collect returned payments electronically. If 
necessary, we may adjust your Account to correct errors, 
process returned and reversed payments, and handle 
similar issues.
When you send us an Item as payment, you authorize 
us to make a one-time electronic fund transfer from your 
deposit account. You also authorize us to process the 

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payment as an Item. We may withdraw the funds from 
your deposit account as early as the same day we receive 
your payment. You will not receive your Item back from 
your bank. We will provide additional information about this 
process on your Statement.
We may use the information from an Item to create an 
electronic image. We may collect and return the image 
electronically. This electronic image may also be converted 
to a substitute check and may be processed in the same 
way we would process an Item. We will not be responsible 
if an Item you provide has physical features that when 
imaged result in it not being processed as you intended.
How We Apply Your Payments
Your Account may have Credit Plans with different Annual 
Percentage Rates (APR). If your Account has Credit 
Plan balances with different APRs, here is how we apply 
payments in a Billing Cycle:
(1)  We generally apply credits and payments up to your 
minimum payment first to the balance with the lowest 
APR, and then to balances with higher APRs.

(2)  We apply any part of your payment exceeding your 

minimum payment to the balance with the highest APR, 
and then to balances with lower APRs.

Items with Restrictive Words, Conditions,  
or Instructions
You must mail all Items bearing restrictive words, conditions, 
limitations, or special instructions to:

Capital One 
P.O. Box 1330
Charlotte, NC 28201-1330
This includes Items marked “Paid in Full” or similar language. 
This also includes all accompanying communications.
If you make such a payment or send any accompanying 
communications to any other address, we may reject it 
and return it to you. We may also accept it and process it 
without losing any of our rights.
Credit Balances
We may reject and return any payment that creates or adds 
to a credit balance on your Account. Any credit balance 
we allow will not be available until we confirm that your 
payment has cleared. We may reduce the amount of any 
credit balance by any new charges. You may write to the 
address provided on your Statement or call Customer 
Service to request a refund of any available credit balance.
Account Default
You will be in default if:
(1) you do not make any payment when it is due;
(2)  any payment you make is rejected, not paid or cannot 

be processed;

(3) you exceed a credit limit;
(4)  you file or become the subject of a bankruptcy or 

insolvency proceeding;

(5)  you are unable or unwilling to repay your obligations, 
including upon death or legally declared incapacity;
(6)  we determine that you made a false, incomplete or 

misleading statement to us, or you otherwise tried to 
defraud us;

(7)  you do not comply with any term of this Agreement or 

any other agreement with us; or

(8)  you permanently reside outside the United States.
If you are in default, we may take certain actions with 
respect to your Account. For example, depending on the 
default, we may take the following actions, without notifying 
you, unless the law says that we must give you notice:

(1)  charge you Fees, or change the APRs and Fees on 
your Account, if provided in your Truth-in-Lending 
Disclosures;

(2) close or suspend your Account;
(3) lower your credit limit(s);
(4)  demand that you immediately pay the total balance 

owing on your Account;

(5)  continue to charge you Interest Charges and Fees as 
long as your balance remains outstanding; and/or

(6)  file a lawsuit against you, or pursue another action that 
is not prohibited by law. If we file a lawsuit, you agree to 
pay our court costs, expenses and attorney fees, unless 
the law does not allow us to collect these amounts.

Communications
You agree that we may communicate with you by mail, 
telephone, email, fax, prerecorded message, automated 
voice, text message or other means allowed by law 
regarding your Account.
You agree that we may contact you at any telephone number 
(including a mobile telephone number that you provide us), 
and use an automated telephone dialing system or similar 
device to do so. You agree that we may monitor or record 
any conversation or other communication with you.
Credit Reports
We may report information about your Account to credit 
bureaus and others. Late payments, missed payments, or 
other defaults on your Account may be reflected in your 
credit report. Information we provide may appear on your 
and the Authorized Users’ credit reports.
If you believe that we have reported inaccurate information 
about your Account to a credit bureau or other consumer 
reporting agency, notify us in writing at P.O. Box 30281, 
Salt Lake City, UT 84130-0281. When you write, tell us the 
specific information that you believe is incorrect and why 
you believe it is incorrect.
We may obtain and use credit, income and other 
information about you from credit bureaus and others as 
the law allows.
Closing or Suspending Your Account
You may contact Customer Service to ask us to close  
your Account.
We may close or suspend your Account at any time and for 
any reason permitted by law, even if you are not in default.
If we close or suspend your Account for any reason, 
you must stop using your Card. You must also cancel all 
billing arrangements set up on the Account. If we close or 
permanently suspend your Account, you must return or 
destroy all Cards. You must still pay us all amounts you 
owe on the Account.
Changes to Your Agreement
At any time, we may add, delete or change any term of 
this Agreement, unless the law prohibits us from doing so. 
We will give you notice of any changes as required by law. 
We may notify you of changes on your Statement or in a 
separate notice. Our notice will tell you when and how the 
changes will take effect. The notice will describe any rights 
you have in connection with the changes.
Your variable APRs (if applicable) can go up or down as the 
index for the rate goes up or down. If we increase your APRs 
for any other reason, or if we change your Fees or other 
terms of your Account, we will notify you as required by law.
The Law That Applies to Your Agreement
We make decisions to grant credit and issue you a Card 
from our offices in Virginia. This Agreement is governed 

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by applicable federal law and by Virginia law. If any part of 
this Agreement is unenforceable, the remaining parts will 
remain in effect.
Waiver
We will not lose any of our rights if we delay or choose not 
to take any action for any reason. We may waive our right 
without notifying you. For example, we may waive your 
Interest Charges or Fees without notifying you and without 
losing our right to charge them in the future.
Assignment
This Agreement will be binding on, and benefit, any of your 
and our successors and assigns. You may not sell, assign 
or transfer your Account or this Agreement to someone else 
without our written permission.
We may sell, assign or transfer your Account and this 
Agreement without your permission and without prior notice 
to you. Any assignee or assignees will take our place under 
this Agreement. You must pay them and perform all of your 
obligations to them and not us. If you pay us after we notify 
you that we have transferred your Account or this Agreement, 
we can return the payment to you, forward the payment to the 
assignee, or handle it in another way that is reasonable.
Glossary
•  “Account” means your Card Account with us.
•  “Authorized User” means a person who may use  

the Card, but is not responsible for the repayment of  
the Account.

•  “Billing Cycle” means the period of time reflected 

on a Statement. This period may vary in length, but is 
approximately 30 days. You will have a Billing Cycle even 
if a Statement is not required. We will often specify a 
Billing Cycle by the month in which its closing date occurs. 
For example, a “March Billing Cycle” will have a closing 
date in March. We may also refer to a Billing Cycle as a 
“Billing Period”. If your Account balance has charged off, 
we may switch to quarterly Billing Cycles for your Account.

•  “Card” means the Neiman Marcus or Bergdorf Goodman 
credit card issued by Capital One associated with your 
Account. This includes all renewals and substitutions. It 
also means any other access device for your Account we 
give you that allows you to obtain credit, including any 
Account number.

•  “Credit Plans” mean the different parts of your Account 

we may establish that are subject to unique APRs, pricing, 
or other terms. The sum of your Credit Plan balances 
equals your total Account balance.

•  “Fees” means charges imposed on your Account not 

based on the Annual Percentage Rates.

•  “Interest Charges” means any charges to  

your Account based on the application of Annual 
Percentage Rates.

•  “Item” means a check, draft, money order or other 

negotiable instrument you use to pay your Account. This 
includes any image of these instruments.

•  “Statement” means a document showing important 

Account information, including all transactions billed to 
your Account during a Billing Cycle and information about 
what you must pay. We may also refer to your Statement 
as a “Periodic Statement” or a “Billing Statement”.

•  “Truth-in-Lending Disclosures” means disclosures 
that the federal Truth in Lending Act and Regulation Z 
require for any Account. This includes your application 
and solicitation disclosures, Account opening disclosures, 
subsequent disclosures, Statements, and change in terms 
notices.

© 2021 Capital One
Capital One is a federally registered service mark. 
All rights reserved.

BR411054    M-131152

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COF Customer Agreement 430