Credit Card Agreement for Walter E. Smithe 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 June 30, 2016. 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

 Penalty APR and  
 When It Applies

 18.9%.

 22.9%.

 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 .05178% (corresponding 18.9% Annual 
 Percentage Rate). The Daily Periodic Rate for the Penalty Rate .06274% (corresponding 22.9% Annual Percentage Rate).

Capital One® Customer Agreement
 Welcome to Capital One
 This credit card is issued by Capital One, N.A. and may be 
 used at participating retail locations that accept the Card. 
 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,

 (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 Limits
 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 limit. We may honor transactions 
 above your credit limit, 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.

 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.

 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 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 Credit Plan - With this plan, 
 there are no Interest Charges on your purchase for a 
 specified period.

 (2)   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 
 Statement. If you do not repay in full by the promotional 
 expiration date, Interest Charges will be imposed on the 
 promotional purchase from the purchase date.

 (3)   Reduced Rate Credit Plan - 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.

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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 
 from the date of a purchase. However, we will not charge 
 you interest on any new purchases posted to your Account 
 if you paid the total balance of your Account in full by the 
 due date on your Statement each month.
 If you have a Same as Cash, Waived Interest Charge or 
 Reduced Rate Credit Plan balance and the promotional 
 period does not expire before your payment due date, 
 we will exclude that promotional plan balance from the 
 amount you must pay in full to avoid Interest Charges on 
 new non-promotional purchases. However, you must still 
 make any required payment on that excluded promotional 
 balance.  Additionally, during the last two full Billing Cycles 
 prior to expiration of any Same as Cash Credit Plan, in 
 order to continue to avoid interest on new non-promotional 
 purchases, you must also add payment in full of any such 
 remaining Same as Cash Credit Plan balance.

 For Same as Cash plans, we will not charge you interest 
 on your promotional purchase if you repay the full amount 
 of the purchase before the expiration date shown on your 
 Statement. If you do not repay the promotional purchase in 
 full by the expiration date, Interest Charges will be imposed 
 on the promotional purchase from the date of the purchase.
 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.
 Returned Payment Fee
 We may charge you this Fee each time your financial 
 institution for any reason rejects a payment you make to 
 us.
 Minimum Payment
 You must pay us at least the minimum payment due by 
 the payment due date. The minimum payment for your 
 Account includes the minimum payment due on each 
 Credit Plan. 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 

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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 
 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
 In each Billing Cycle, we generally apply payments up to 
 your minimum payment amount to satisfy the minimum 
 payment due on each Credit Plan, first to the lowest APR 
 Credit Plan balance and then to higher APR Credit Plan 
 balances. 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. We do this 
 based on the APRs in effect and balances owed on the 
 day your preceding Billing Cycle ended.
 If your Account has a Same as Cash Credit Plan balance, 
 we will treat that balance as having a 0% APR for this 
 purpose, until the last two Billing Cycles of the promotional 
 period. During the last two full Billing Cycles of the 
 promotional period, we will apply payments exceeding the 
 minimum payment to the Same as Cash Credit Plan(s) 
 that is expiring, in the order of expiration date.
 Items with Restrictive Words, Conditions,  
 or Instructions
 You must mail all Items bearing restrictive words, 
 conditions, limitations or special instructions to:
 Capital One
 PO 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.

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 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; or

 (7)   you do not comply with any term of this Agreement or 

 any other agreement with us.

 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 PO Box 30258, 
 Salt Lake City, UT 84130-0258. 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 
 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 any Capital One credit card 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” mean charges imposed on your Account not 

 based on the Annual Percentage Rates.

 •   “Interest Charges” mean 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. This does not 
 include an Access Check.

 •   “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.

 BR262481    M-111185

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 © 2015 Capital One
 Capital One is a federally registered service mark.