Credit Card Agreement for Darvin Furniture 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, 2013. 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 

Annual Percentage Rate 
(APR) for Purchases

21.6%.

Penalty APR and When It 
Applies

25.6%. 

Your APR may increase to the Penalty APR if we fail to receive your minimum payment with in 60 days when due. You will no lon-
ger be eligible for the Standard Rate and all existing Promotional Credit Plans will terminate, and your entire Account balance will 
be subject to the Penalty Rate. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new 
Penalty APR goes into effect. If you make the next six consecutive on time minimum payments starting with your first payment due 
once the Penalty APR goes into effect, your rates will return to the non-penalty APR(s) applicable to your Account. If you do not 
make these six consecutive on time minimum payments, we may keep the Penalty APR on your Account indefinitely. 

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 purchases if you pay your 
entire balance by the due date each month. 

Minimum Interest Charge

A minimum Interest Charge of $2.00 will be assessed for each billing cycle in which an Interest Charge is payable. 

Annual Fee

Transaction Fees
• 
• 
• 

Balance Transfer Fee
Cash Advance Fee
Foreign Transaction Fee

Penalty Fees
• 
• 
• 

Late Payment
Over the Credit Limit Fee
Returned Payment

$0.

None.
None.
None.

Up to $35. 
None.
Up to $25.

Balance Computation Method: Average Daily Balance (including new purchases)
The “Daily Balance” of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchase made on the 
Credit Plan that day, 2) the previous day’s Interest Charges, 3) any credit insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4) 
any late fees, over the credit limit fees, returned payment fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan 
that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the 
current cycle. 

Required Insurance, Debt Cancellation or Debt Suspension Coverage: None

Disclosure of Rates: The Daily Periodic Rate for the Standard Rate will be .05918% (corresponding 21.6% Annual Percentage Rate). The Daily Periodic Rate for 
the Penalty Rate .07014% (corresponding 25.6% Annual Percentage Rate).

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CAPITAL ONE® CUSTOMER AGREEMENT

How We Will Calculate Your Balance: We use a method called “average 
daily balance (including new purchases)”.

Billing Rights: Information on your rights to dispute transactions and 
how to exercise those rights is provided in this Cardholder Agreement.

Outstanding Balance 
on Payment Due Date

Late Payment Fee 
- first time your 
payment is late.

Late Payment Fee - if 
another payment is late 
during the next 6 billing 
cycles.

You may pay the entire New Balance at any time.

NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital 
property agreement, unilateral statement under Section 766.59 of 
the Wisconsin Statutes, or court order under Section 766.70 of the 
Wisconsin Statutes adversely affects the interest of the creditor unless 
the creditor, prior to the time the credit is granted, is furnished a copy 
of the agreement, statement or decree or has actual knowledge of 
the adverse provision when the obligation to the creditor is incurred. 
If you are married, by submitting your credit card application you are 
confirming that this credit card obligation is being incurred in the 
interest of your marriage and your family. If the credit card for which 
you are applying is granted, you will notify the Bank if you have a spouse 
who needs to receive notification that credit has been extended to you.

CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT 

You have been approved for a Darvin Furniture credit card. This 
account is issued by Capital One, N.A. (Capital One).

INTEREST RATES INFORMATION
Annual Percentage Rate (“APR”) and Daily Periodic Rate (“DPR”). Your 
Daily Periodic Rate (DPR) is described in the INTEREST CHARGES section. 

Rates accurate as of 11/01/2013

Standard APR 

Penalty APR

 APR

21.6%

25.6%

 DPR

.05918% 

.07014% 

ABOUT THE PENALTY APR
If you do not make your Minimum Payment Due within 60 days after 
the Payment due date we may increase your APRs to the Penalty APR. 

If this occurs:
• 
• 

 we will provide advance notice before the Penalty APR goes into effect.
 once the Penalty APR goes into effect, if you make six consecutive 
on-time minimum payments when due, your rates will return to the 
non-penalty APRs applicable to your Account.
 If you do not make six consecutive on time minimum payments, we 
may keep the Penalty APR on your Account indefinitely.

• 

ABOUT INTEREST CHARGES

TREATMENT OF FEES AND INTEREST
Any fees or Interest will be added to your purchase balance unless 
otherwise stated in this Agreement.

MINIMUM INTEREST CHARGE
If you are charged Interest, the charge will be no less than the 
Minimum Interest Charge listed in the chart.

ABOUT ACCOUNT FEES & OTHER CHARGES

FEES AND LIMITS
The fees that apply to your Account are shown in the purchase balance 
unless otherwise stated in this Agreement. 

If charging any fee shown in the chart would exceed first-year fee 
limits set by law, we may charge an amount allowed by law. If we do 
this, it does not affect our ability to charge the full fee amount later. 

LATE PAYMENT FEE 
This fee is shown in the chart below. It is charged in any billing 
cycle that you do not pay at least the Minimum Payment Due by the 
Payment Due Date. In no event will your Late Payment Fee exceed the 
Minimum Payment Due.

Up to and including 
$100

More than $100 and up 
to and including $500

More than $500

 $19

$25

$25

$19

$29

$35

OVER THE CREDIT LIMIT FEE 
This fee is shown in the table on page 1 and will be charged if:
•  

your Account balance exceeds your credit limit at any time during a 
billing cycle.

RETURNED PAYMENT FEE
This fee is shown in the table on page 1. It is charged each time a 
check or other form of payment to us is returned or not honored.

PAYMENT BY PHONE FEE
This fee:
•

may be charged each time anyone makes a payment to your 
Account with the assistance of a live phone representative; and
  the amount is disclosed at the time a payment by phone is requested.

•

COPY REQUEST FEE
A copy request fee may be charged each time a copy of a document 
is requested.

The fee amount will be disclosed at the time of your request.

REISSUED CARD FEE
You may be charged $5 each time you request that your credit card 
be reissued.

MINIMUM PAYMENT DUE
You agree to pay us at least the Minimum Payment Due, reflected on 
your statement. If you wish, you may pay more than the Minimum 
Payment Due and at any time you may pay the entire amount due. 
Your Minimum Payment due is equal to your Minimum Payment 
plus the Special Repayment Terms for any Promotional Credit Plans 
with a special repayment term plus any debt cancellation fees or 
credit insurance premiums attributable to any Reduced Rate/Special 
Repayment Terms Credit plans plus any delinquent amounts. The 
Minimum Payment is the greater of a.) $25 or b.) 1% of your “New 
Balance” (which does not include balances on Special Repayment 
Terms Credit Plans) plus billed Interest Charges plus any Late Fees 
assessed for that month, rounded to the next highest dollar. Your 
monthly billing statement will include requirements for you to 
follow in making payments including the cut-off hour for receipt of 
payments, which may affect crediting of your payments.

INTRODUCTION

KEY TERMS
“You” and “your” means each Applicant and Joint Applicant who:
•
•

  applied for this Account bearing the name Darvin Furniture; and/or 
 agrees to pay for the Account.

“We,” “us,” and “our” means Capital One, N.A., located at 1111 Town 
Center Drive, Las Vegas, Nevada 89144.

“Applicant” means the primary Cardholder. “Joint Applicant” means 
the secondary Cardholder.

“Agreement” means all parts of this document and any future 
supplements or amendments.

“Card” means any card, card number or other device we issue to 
access your Account.

GETTING STARTED
The Card must be signed to be used. 
When you use the Account or sign the card or sales slips, you agree to:
•
•

 the terms of this Agreement; plus
 any amendments or supplements to the Agreement.

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You may close your Account at any time. Please see the Closing Your 
Account section for details.

USING YOUR ACCOUNT

ALLOWED USE
You agree to:
•
•

 use your Account only for lawful purposes
  use your Account for only personal, family, household, or charitable 
purposes; and
  repay us for all costs related to uses not allowed under this Agreement.

•

You are not allowed to use your Account:
•

to make payments to this credit card or any other loan payments to 
us or our affiliates; or
 for internet gambling.

•

If you have given someone permission to use the Card, this is not 
unauthorized use and you will be liable for all use by that person.

CREDIT LIMIT
When you open your Account, we will tell you your credit limit.

We may change this limit from time to time. Whenever this occurs, we 
will notify you:
•
•

 on your billing statement; and/or
 by sending a notice.

You agree to:
•

  keep your Account balance (which includes Interest and other 
charges) within your credit limit; and
 immediately pay any over limit amount that might occur.

•

Your available credit may not reflect your payments for up to 14 days. 
If a transaction would exceed your available credit limit, we may 
decline it.

USING THE ACCOUNT
At times we may:
• 

 decline a transaction if there is not enough available credit and for 
any other reason and/or;
require our Authorization before allowing a transaction.

• 

A merchant may check your ID.

We are not liable if:
•
•

 a merchant refuses your card; and/or
 we do not complete your transaction for any reason.

PAYING YOUR BILL

PROMISE TO PAY
You promise to pay for all:
 credit we extend; plus
•
 Interest charges and other fees or charges; plus
•
 collection costs and attorney fees as allowed by law.
•

If your Account is a joint Account, each of you is jointly and 
individually responsible for amounts due. This remains true in the event 
of death, divorce or other events that affect liability between you and 
the other person. 

If any joint Accountholder requests to not be liable for future 
transactions, we may close the Account.

SECURITY INTEREST
A “Security Interest” is our interest in an item that you buy using your 
Account that secures the payment of your Account.

Except as noted below, you grant us a security interest (which we may or 
may not perfect) in the following items financed using your Account:
•
•

 any goods you buy with your Card; and
 any proceeds you get from the following:
a) insurance contracts, and returned premiums: and/or 
b) mechanical failures and/or
c) extended service contracts. 

Each good you buy using your Account:
•

secures your entire Account balance until that good is paid in full; 
and
 may be taken from you if you do not pay on time. 

•

• 

To decide when a purchase is paid off and no longer subject to a 
security interest, your payments will be first applied to: described in the 
“How We Apply Payments” section of this agreement.   

Once you have fully paid for any good, we will release our purchase 
money security interest in that good.

We do not take a security interest if you:
•

  live in NY and the original purchase price of the good was less than 
$200 or
  live in MD and the original purchase price of the good was less than $700.

•

If we take back any good, we may charge you our costs and require 
you to make the good available at a convenient place of our choice as 
allowed by law. This may include our cost to:
• 
• 
• 
• 

repair the good; and/or
store the good; and/or
sell the good; and/or
other costs allowed by law.

WHEN AND HOW TO PAY
You agree to:
• 

 pay at least the Minimum Payment Due shown on your billing 
statement; and
 make this payment in time to be credited by no later than the 
Payment Due Date.

• 

How your Minimum Payment Due is determined as shown in the 
MINIMUM PAYMENT DUE section.

If you wish, you may pay more than the Minimum Payment Due or the 
entire balance at any time.

Instructions for making timely payments are shown on your billing 
statement. 

Payments must be:
•
•
•

 made in U.S. dollars; and
 paid from a U.S. bank or other U.S. financial institution; and
 sent in a form that is acceptable to us.

Acceptable forms of payment include:
•
•

 a check or money order; or
 an electronic funds transfer

If you want to write any special conditions on your payment, such as 
“paid in full”, “without recourse”, or similar language, you must:
– 
–  

Mark this clearly on your payment.
Payment must be marked for Special Handling and sent to: 
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. 

Unless you follow the above directions, we may accept a payment 
marked with special conditions and not agree to those conditions, and 
will not lose any of our rights.

By sending us a check for payment on your Account, you authorize us 
either to:
• 

 use information from your check to initiate an electronic fund 
transfer from your payment account according to the terms of the 
check; or
to process this transaction as a check.

• 

When we use your check to make an electronic fund transfer:
• 

 funds may be withdrawn from your payment account the same day 
we receive your payment; and 
 you will not receive your check back from your bank.

• 

When you use our optional payment by phone service, you agree that:
  we may make an electronic funds transfer from the bank account 
•
you choose; or
  we may process the payment the same way we would process a check.

•

You authorize the amount and timing of each payment. Please retain 
this authorization for your records. 

If you have a returned payment:
• 

 the amount you paid will be added back to your Account and 
may be applied to a different category than originally posted. (e.g. 
purchases, etc.); and
 Interest Charges may be restored back to the payment date at the 
APR for that transaction.

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ACCOUNT FEES AND OTHER INTEREST RATES

ABOUT YOUR APRs
Your APRs are shown on page 1. 
A Daily Periodic Rate is used to determine your Interest Charges in any billing 
cycle. To determine this rate, we divide your APR by 365; then round this 
number up to the next hundred thousandth of a percentage point. 

PROMOTIONAL CREDIT PLANS 
From time to time, we may offer one or more Promotional Credit 
Plans. These may be offered to you:
 prior to your purchase; and/or
•
 at the time of your purchase.
•

Any of these Plans may be offered at any time and are conditioned on 
your timely payment of at least the Minimum Payment Due for each 
billing statement:
a) Waived Interest Charge Credit Plan
With this Plan there are no Interest Charges on your purchase for a 
specified period. 
b) Same As Cash / Monthly Payment Credit Plan
With this Plan, there are no Interest Charges on your purchase if 
you repay the full cash price of the purchase before the promotional 
expiration date shown on your billing statement.
If you do not repay in full by the promotional expiration date, Interest 
Charges will be imposed from the purchase date.
c) Reduced Rate Credit Plan
With this Plan, you will receive a reduced periodic rate on your 
purchase for a specified period. 
d) Special Repayment Term Credit Plan 
With this Plan special repayment terms will be applied to the purchase 
for the specified period.
e) Special Repayment Term / Reduced Rate Credit Plan

With this Plan special repayment terms and a reduced periodic rate will 
be applied to the purchase for the specified period.

Purchases that do not fall under one of these Plans are called Regular 
Credit Plan purchases. 

If you make more than one purchase on your card, these balances may 
be treated differently. 

Certain rules apply to the allocation of payments and interest charges 
on your promotional purchase if you make more than one purchase on 
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS 
section of this Agreement for information.

INTEREST CHARGES

HOW INTEREST CHARGES ARE CALCULATED 
Each billing statement shows the Interest Charges, which are 
calculated separately for each:
•
•

 Promotional Credit Plan with a unique due date or unique terms; 
 Regular Credit Plan

The total interest charge for the billing cycle is the sum of the interest 
charge for each plan subject to the minimum interest charge shown in 
the chart.

For Same As Cash Plans, if interest is applied, the interest is accrued 
from the transaction date of the purchase through the current cycle. 
The Interest Charge is the total of:
• 

 the applicable Daily Periodic Rate for the current cycle times the Daily 
Balance for each day in the current cycle; plus
 the applicable Daily Periodic Rate for each prior cycle times the Daily 
Balances of the Credit Plan for each day during each prior cycle.

• 

For Plans other than Same As Cash, the interest charge is the total of:
• 

 the applicable Daily Periodic Rate for the Plan times the Daily Balance 
for the plan for each day in the cycle.

HOW DAILY BALANCE IS DETERMINED 
To determine your Daily Balance, we:
•
•

 take the opening balance for each Plan for that day; then
 add the following that were incurred on that day:
a) any new purchases
b) any previous day’s periodic Interest Charges
c)  any fees and charges, including any credit insurance premiums or 

debt cancellation fees, if these apply; then

•

 subtract any payments and/or credits.

For any Same As Cash Credit Plan:
Any credit insurance premiums or debt cancellation fees are not 
included in the Daily Balance of that Plan during the promotional period.

• 

We also make any needed adjustments. For example:
• 

 If a transaction posts after but occurs before the start of a billing cycle, 
we may adjust the amount above to include this transaction. It will be 
included as of the first day of the billing cycle in which it posts.
 If your Account is subject to a grace period during the billing cycle, 
your payments will be subtracted from all Daily Balances in the 
current billing cycle.
 If a transaction for a returned payment or a dispute resolved in our 
favor posts after the beginning of the billing cycle, we will make this 
adjustment: 
– 

 the applicable Daily Balance(s) and any related Interest Charges will 
be adjusted to include the transaction amount as of the date of 
the original payment or transaction.

• 

To calculate your Average Daily Balance, we:
• 
• 

add the Daily Balances for each day of the billing cycle; then
divide this total by the number of days in the billing cycle.

HOW TO AVOID PAYING INTEREST ON PURCHASES 
The number of days until your Payment Due Date after the close 
of each billing cycle is indicated in the Interest Rates and Interest 
Charges section of this Agreement. We will not charge you Interest on 
purchases if you pay your entire balance by the due date each month.

Interest charges begin on the transaction date and continue to accrue 
until paid in full except as noted below:

EXCEPTIONS 
1.  For New Purchases and balances: No interest is charged in a billing 
cycle on a Regular, Reduced Rate, or Special Repayment Terms 
Credit Plans if the combined Previous Balance of those Plans at the 
beginning of the cycle is:
a) zero; or
b) a credit balance (e.g., less than zero); or
c)  paid in full before the Payment Due Date that falls during the cycle;

2.  For Waived Interest Charge Credit Plans: No interest is charged for the 

promotional period.

3.  For Same As Cash Credit Plans: No interest is charged if the full cash 

sales price is paid in full before the promotion expiration date.

HOW WE APPLY PAYMENTS 
The amount of your payment that is equal to the Minimum Payment 
Due is:
•
•

 applied as we determine within legal guidelines; and
 usually applied to the minimum due on each credit plan.

Any payment amount over the Minimum Payment Due is applied to 
higher APR balances before lower ones.

If you have a Same As Cash Credit Plan(s):
•

 Until the final two complete billing cycles:
- 

 We apply payments the same way we apply payments to a Same As 
Cash Credit Plan having a 0% APR

•

  During the final two complete billing cycles and up to the date of 
expiration we will apply payments received in this order:
1) To the required Minimum Payment Due; and 
2) To the plan(s) that is expiring, in the order of expiration. 

MANAGING YOUR ACCOUNT

OTHER USERS 
You may permit others to use your Card or Account Number.

You are responsible for all charges made by permitted users.

If you wish to revoke another person’s permission to use your Account, 
you must notify us. We may close your Account and issue a new Card 
with a different Account number.

UPDATING YOUR RECORDS 
You agree:
a)  to give us prompt advance notice of any change in your name, 

mailing address, phone number, or employer; 

b)  to promptly give us accurate financial information about you if we 

ask for it; and

c)  the Department of Motor Vehicles may release your home address 

to us if we ever need it to find you.

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CLOSING YOUR ACCOUNT 
You can close your account at any time by mailing your request to 
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request 
becomes effective when we receive it.

Once you close the Account:
• 
• 

you must destroy your card(s); and
 you will still be responsible for all amounts owed according to the 
terms of this Agreement.

PROTECTING YOUR CREDIT

LOST OR STOLEN CARD 
You agree to notify us immediately if:
• 
• 

your Card is lost or stolen; or
your Account is used without your permission.

You may call at any time. The phone number is listed on your billing 
statement.

LIABILITY FOR UNAUTHORIZED USE 
If you notice the loss or theft of your credit card, or a possible 
unauthorized use of your card, you should call us at the number listed 
on your billing statement or the back of your card, or write to us 
immediately at: 

Capital One
PO Box 5226, Carol Stream, IL 60197-5226 

You will not be liable for any unauthorized use that occurs after you 
notify us. You may, however, be liable for unauthorized use that occurs 
before your notice to us. In any case, your liability will not exceed $50.

DEFAULT 
We may consider your Account to be in Default if you:
a) fail to make the Minimum Payment Due when due;
b) exceed your credit limit;
c)  become the subject of bankruptcy proceedings, foreclosure, 
repossession, lien or judgment, garnishment, or attachment;

d) give us misleading, false or incomplete information; 
e)  fail to give us a current physical address when you apply and 

whenever you move; 

f)  make payments to us that are returned unpaid by your bank or other 

financial institution; or

g)  default under any other agreement or security agreement you have 

with us or with one of our affiliates; and/or  

h) become incompetent or deceased.

Upon default, we have the right to:
•
•
•

 close your Account; 
 suspend your credit privileges;
  require you to pay your entire Account balance including any 
Promotional Credit Plan balances, all accrued but unpaid Interest 
Charges and other charges provided for in this Agreement 
immediately; 
  terminate any Promotional Credit Plans and convert balances to a 
Regular Credit Plan;
 change the terms of your Account; 
 sue you for what you owe. 

•

•
•

If we incur costs to collect your balance owed including any attorney 
fees, we may charge you for these costs as permitted by applicable 
law, and we will apply your payments first to these costs.

CREDIT REPORTING 
You agree that we may obtain and use credit information about you 
from others such as: 
•
•
•

 merchants or stores; 
 other lenders; 
 consumer reporting agencies. 

If you believe we have reported inaccurate information about your 
Account to any consumer reporting agency you should:
- 

 notify us and ask us to correct the inaccurate information by writing 
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.

When you write to us, tell us:
your Account number; and
- 
- 
the specific information you believe is not correct; and
- 
why you believe it is not correct.

INSURANCE 
If credit insurance was offered and your accepted it: You agree that 
your Account will be charged monthly; this charge, which is called an 
insurance premium, will be based on the Average Daily Balances of your 
Account for the billing cycle in which the premium is assessed; and the 
charges will begin on the transaction date(s) of your purchase(s).

OTHER AGREEMENTS

ACCOUNT CLOSURE 
At any time, for any reason, we may take any of these actions subject 
to applicable law:
a) close your Account;
b) suspend your credit privileges;
c) reduce your credit limit.

If we close your Account:
• 

 Interest Charges and fees will continue to accrue until your balance 
is paid in full; and
you agree to return or destroy your Card(s).

• 

COMMUNICATIONS 
We may contact you from time to time regarding your Account. We 
may contact you in any manner we choose unless the law says that we 
cannot. For example, we may: 
1)  contact you by mail, telephone, email, fax, recorded message, text 

message or personal visit;

2)  contact you using an automated dialing or similar device 

(“Autodialer”);

3) contact you at your home and at your place of employment;
4) contact you on your mobile telephone;
5) contact you at any time, including weekends and holidays;
6) contact you with any frequency; 
7)  leave prerecorded and other messages on your answering machine/

service and with others; and 

8)  identify ourselves, your relationship with us and our purpose for 

contacting you even if others might hear or read it.

Our contacts with you about your Account are not unsolicited and 
might result from information we obtain from you or others. We 
may monitor or record any conversation or other communication 
with you. Unless the law says we cannot, we may modify or suppress 
caller ID and similar services and identify ourselves on these services in 
any manner we choose. When you give us or we obtain your mobile 
telephone number, we may contact you at this number using an 
Autodialer and can also leave prerecorded and other messages. We 
may do these things whether we contact you or you contact us.

If you ask us to discuss your Account with someone else, you must 
provide us with documents that we ask for and that are acceptable to us.

CHANGE OF TERMS 
We may change this Agreement as allowed by applicable law. This may 
include changing, adding, or removing terms. We may do this in response 
to the legal, business, competitive environment or other reasons not 
listed here. 

We may increase the Interest rate on existing balances in limited circumstances. 
Changes to some terms may require at least 45 days advance notice, and we 
will tell you in the notice if you have the right to reject a change. We cannot 
change certain terms during the first year of your Account. 

ACCOUNT ASSIGNMENT 
We may sell, assign or transfer all or any part of your Agreement and 
Account without notice to you. You may not sell, assign or transfer 
your Account.

WAIVERS 
If we delay or take no action allowed under this Agreement, for any 
reason, we will not lose or limit any of our rights under this Agreement 
on any other occasion.

SEVERABILITY 
If a term is found to be invalid under any applicable law, rule or 
regulation, then all other terms of this Agreement will remain valid. 

NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we 
inform customers that should they fail to fulfill the terms of their credit 
obligation, a negative report reflecting on their credit record may be 
submitted to a credit reporting agency. If you are married, you may 
apply for credit in your own name. 

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NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we 
obtain a judgment against you, a portion of your disposable earnings 
may be attached or garnished (paid to us by your employer), as 
provided by Florida and Federal law.

You must contact us:
•
•

 Within 60 days after the error appeared on your statement.
  At least 3 business days before an automated payment is scheduled, 
if you want to stop payment on the amount you think is wrong.

NOTICE FOR MAINE RESIDENTS: We may request a consumer report in 
connection with your application for credit. You may ask whether a 
consumer report was obtained by us and we will tell you the name and 
address of the consumer reporting agency, if a report was obtained.

Missouri Residents: Oral agreements or commitments to 
loan money, extend credit or to forbear from enforcing 
repayment of a debt including promises to extend or renew 
such debt are not enforceable. To protect you (borrower(s)) 
and us (creditor) from misunderstanding or disappointment, 
any agreements we reach covering such matters are 
contained in this writing, which is the complete and 
exclusive statement of the agreement between us, except as 
we may later agree in writing to modify it.

NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be 
requested in connection with this application or in connection with 
updates, renewals or extensions of any credit granted as a result of this 
application. Upon your request, you will be informed whether or not 
such a report was requested and, if so, the name and address of the 
agency that furnished the report. New York residents may contact the 
New York State Department of Financial Services to obtain a comparative 
listing of credit card rates, fees and grace periods. New York State 
Department of Financial Services: 1-800-522-3330.

NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination 
require that all creditors make credit equally available to all 
creditworthy customers and that credit reporting agencies maintain 
separate credit histories on each individual upon request. The Ohio 
Civil Rights Commission administers compliance with this law.

NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be 
requested in connection with this application or in connection with 
updates, renewals or extensions of any credit granted as a result of this 
application. Upon your request, you will be informed whether or not 
such a report was requested and, if so, the name and address of the 
agency that furnished the report.

The information about the costs of the Card described in this Cardholder 
Agreement and Disclosure Statement is accurate as of November, 2013. This 
information may have changed after that date. To find out what may have 
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.

APPLICABLE LAWS 

This Agreement is governed by the Commonwealth of Virginia law and 
federal law. 

We make our credit decisions and extend credit to you under this 
Agreement from the Commonwealth of Virginia. This Agreement is:
•
•

 entered into in the Commonwealth of Virginia; and
 maintained in the Commonwealth of Virginia.

This is true whether or not you use your card in the Commonwealth of 
Virginia.

Your Billing Rights: Keep This Document For Future Use

This notice tells you about your rights and our responsibilities under 
the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement

If you think there is an error on your statement, write to us at:

You must notify us of any potential errors in writing. You may call us, 
but if you do we are not required to investigate any potential errors 
and you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:
1.  Within 30 days of receiving your letter, we must tell you that we 

received your letter. We will also tell you if we have already corrected 
the error.

2.  Within 90 days of receiving your letter, we must either correct the 

error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:
•

  We cannot try to collect the amount in question, or report you as 
delinquent on that amount.
  The charge in question may remain on your statement, and we may 
continue to charge you interest on that amount.
  While you do not have to pay the amount in question, you are 
responsible for the remainder of your balance.
 We can apply any unpaid amount against your credit limit.

•

•

•

•

After we finish our investigation, one of two things will happen:
•

  If we made a mistake: You will not have to pay the amount in 
question or any interest or other fees related to that amount.
  If we do not believe there was a mistake: You will have to pay the 
amount in question, along with applicable interest and fees. We will 
send you a statement of the amount you owe and the date payment 
is due. We may then report you as delinquent if you do not pay the 
amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you 
must write to us within 10 days telling us that you still refuse to pay. If 
you do so, we cannot report you as delinquent without also reporting 
that you are questioning your bill. We must tell you the name of 
anyone to whom we reported you as delinquent, and we must let those 
organizations know when the matter has been settled between us.

If we do not follow all of the rules above, you do not have to pay the 
first $50 of the amount you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have 
purchased with your credit card, and you have tried in good faith to 
correct the problem with the merchant, you may have the right not to 
pay the remaining amount due on the purchase.

To use this right, all of the following must be true:
1.  You must have used your credit card for the purchase. Purchases 
made with cash advances from an ATM or with a check that 
accesses your credit card account do not qualify.
2. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the 
purchase, contact us in writing at:

Capital One
PO Box 5893, Carol Stream, IL 60197-5893

While we investigate, the same rules apply to the disputed amount as 
discussed above. After we finish our investigation, we will tell you our 
decision. At that point, if we think you owe an amount and you do not 
pay, we may report you as delinquent.

Capital One
PO Box 5893, Carol Stream, IL 60197-5893 

BR251777 (11/13) M-110149

In your letter, give us the following information:
• 
•
• 

Account information: Your name and account number.
 Dollar amount: The dollar amount of the suspected error.
 Description of problem: If you think there is an error on your bill, 
describe what you believe is wrong and why you believe it is a mistake.

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