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 September 30, 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 Agreementcontains 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 
Annual Percentage Rate(APR) for Purchases 25.49%. 
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 fromthe 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 None. Penalty Fees � Late Payment 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. 
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 Neiman Marcus or Bergdorf Goodman Cardissued 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 withCapital One. 
Definitions 
The meanings of the terms you see in italics appear in theGlossary 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 payingthe Account; and any person responsible for complyingwith 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 orwhen you opened your Account; (5) any other documents and disclosures relating to yourAccount, including those provided online; and(6) any future changes we make to any of the above. Please read these carefully and keep them forfuture 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 Agreementwill 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 (ifdifferent);(3) your date of birth;(4) your Social Security number or other governmentidentification 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 yourinformation, or if you do not provide it as requested. 
Credit Limit 
When you open your Account, we will tell you your creditlimit. 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 transactionswill 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. 
1 Using Your Account
(1) This Agreement applies whether or not you use your Card or Account. It will continue to apply even after yourAccount 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 yourAccount 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 illegalactivity. 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 beyondour control. (10) You may use your Account for purchases atparticipating 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. Onlycertain purchases may be eligible for promotional Credit Plans. These Credit Plans may have special repaymentterms and are conditioned on your timely payment of atleast the required payment amount each Billing Cycle. 1. Waived Interest Charge - With this plan there are noInterest Charges on your purchase for a specified period.2. Reduced Rate - With this plan, you will receive areduced 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 yourAccount. 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 yourAccount, you must contact Customer Service and requesttheir removal. You also must immediately destroy all Cards in their possession and cancel any arrangements they mayhave set up on your Account. They will be able to use yourAccount until you have notified us that you are removingthem from your Account. During this time, you will still beresponsible 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 removethemselves 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 existingAccount 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 purchaseslip or other documents for the transaction. We will treat   
   
                       
 transactions made without presenting your actual Card (such as for mail, telephone, Internet, or mobile devicepurchases) the same as if you used the Card in person. Ifyou let someone else use your Card, you are responsiblefor 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 notrequire 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 inthe �Billing Rights Summary� on your Statement and other Truth-in-Lending Disclosures. If you do not notify us of anerror, we will assume that all information on the Statement is correct. If we credit your Account for all or part of a disputedtransaction, you give us all of your rights against othersregarding 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 thetransaction amount from the merchant or any otherperson; 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 �BillingRights Summary� on your Statement. 
Lost or Stolen Card 
If your Card is lost or stolen or if you think someone elsemay be using your Card or Account number without your permission, you must contact Customer Serviceimmediately. You will not be responsible for transactions on your Account that we find are unauthorized. If we reimburse you for unauthorized transactions, you willhelp us investigate, pursue and get reimbursement fromthe 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 accrueon any unpaid amount from the date of the transaction, datethe transaction is processed or the first day of the BillingCycle. However, we will not charge you interest on anynew 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 fullwhen 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 yourpayment. This interest will post on your next Statement. That is why if you start accruing Interest Charges, you generallymust pay your �New Balance� in full for two consecutiveBilling Cycles before Interest Charges stop posting to your Statement. If you have a Waived Interest Charge orReduced Rate Credit Plan balance, we will exclude that promotional plan balance from the amount you must payin full to avoid Interest Charges. However, you must stillpay the full non-promotional purchase Credit Plan balancedisplayed on your Billing Statement each month, plus anyminimum payment due appearing on your Statement. 
2 We will generally treat Fees as purchase transactionsunless otherwise specified below. These Fees apply to yourAccount 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 paymentdue 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 forus to consider it received as of that date. Returns and other credits to your Account will reduce yourAccount balance, but they will not change your minimum payment amount. In addition to the minimum payment, you may pay all orpart of the total balance on your Account. But, you muststill pay at least the minimum payment amount each month,even if you paid more than the minimum payment due onthe previous Statement. We will continue to charge Interest Charges during Billing Cycles when you carry a balanceregardless 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 chargedoff, 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 creditaccount with us or any other company in the Capital Oneorganization. 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 anyapplicable 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, wemay 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, youwill be responsible for that payment even if a financialinstitution 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 handlesimilar issues. When you send us an Item as payment, you authorizeus to make a one-time electronic fund transfer from yourdeposit account. You also authorize us to process the    
 
  
          
    
 
    payment as an Item. We may withdraw the funds from your deposit account as early as the same day we receiveyour 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 convertedto a substitute check and may be processed in the sameway we would process an Item. We will not be responsible if an Item you provide has physical features that whenimaged 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 lowestAPR, 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 OneP.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 accompanyingcommunications to any other address, we may reject itand 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 balancewe allow will not be available until we confirm that yourpayment 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 cannotbe processed;(3) you exceed a credit limit;(4) you file or become the subject of a bankruptcy orinsolvency 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 ormisleading statement to us, or you otherwise tried todefraud 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 thedefault, we may take the following actions, without notifyingyou, unless the law says that we must give you notice: 
3 (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 balanceowing 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 thatis not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unlessthe 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, automatedvoice, text message or other means allowed by lawregarding 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 similardevice to do so. You agree that we may monitor or recordany conversation or other communication with you. 
Credit Reports
We may report information about your Account to credit bureaus and others. Late payments, missed payments, orother defaults on your Account may be reflected in yourcredit report. Information we provide may appear on yourand the Authorized Users� credit reports. If you believe that we have reported inaccurate informationabout 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 whyyou believe it is incorrect. We may obtain and use credit, income and other information about you from credit bureaus and others asthe 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 forany 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 ordestroy 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 ofthis 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 thechanges 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 theindex for the rate goes up or down. If we increase your APRsfor 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                                 
    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 yourInterest Charges or Fees without notifying you and withoutlosing 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 noticeto you. Any assignee or assignees will take our place underthis Agreement. You must pay them and perform all of yourobligations to them and not us. If you pay us after we notifyyou that we have transferred your Account or this Agreement,we can return the payment to you, forward the payment to theassignee, or handle it in another way that is reasonable. 
Glossary
� �Account� means your Card Account with us. � �Authorized User� means a person who may usethe Card, but is not responsible for the repayment ofthe Account. � �Billing Cycle� means the period of time reflected on a Statement. This period may vary in length, but isapproximately 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 closingdate 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 Goodmancredit card issued by Capital One associated with yourAccount. 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 anyAccount 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 othernegotiable instrument you use to pay your Account. This includes any image of these instruments. � �Statement� means a document showing importantAccount 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 applicationand solicitation disclosures, Account opening disclosures,subsequent disclosures, Statements, and change in termsnotices. 
� 2021 Capital One Capital One is a federally registered service mark.All rights reserved. BR411054 M-131152 
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