Credit Card Agreement for Saks Platinum 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, 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

18.99% - 20.99%.

This APR will vary with the market based on the Prime Rate.

APR for Balance 
Transfers

18.99% - 20.99%.

This APR will vary with the market based on the Prime Rate.

APR for Cash Advances

25.24%. 

This APR will vary with the market based on the Prime Rate.

Penalty APR and When It 
Applies

29.99%. 

This APR will vary with the market based on the Prime Rate.

This APR may be applied to your account if you make a late payment.

Paying Interest

How Long Will the Penalty APR Apply? If APRs are increased for a payment that is late, the Penalty APR may apply indefinitely 
unless you make the next six consecutive minimum payments on time following the rate increase.

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. We will begin charging interest on cash advances and balance transfers on the 
transaction date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $1.00. 

Annual Fee

$0

Transaction Fees
• Balance Transfer Fee
• Cash Advance Fee
• Foreign Transaction Fee

Penalty Fees
• Late Payment
• Over the Credit Limit Fee
• Returned Payment

Either $15 or 3% of the amount of each transfer, whichever is greater. 
Either $15 or 3% of the amount of each cash advance, whichever is greater.
None.

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

Interest Charges And Fees

Paying Interest: 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. We will begin charging interest on cash advances and balance transfers on the transaction date.

Late Payment Fee: Up to $35. The Late Payment Fee will not exceed the amount of your Minimum Payment Due.

If your Outstanding Balance on your payment Due Date is up to and including $100.00 the Late Payment Fee is $15 the first time your payment is late; and, if 
another payment is late during the next 6 billing cycles the Late Payment Fee is $15.

If your Outstanding Balance on your payment Due Date is more than $100.00 and up to and including $1000.00, the Late Payment Fee is $25 the first time your 
payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $29. 

If your Outstanding Balance on your payment Due Date is more than $1000.00 the Late Payment Fee is $25 the first time your payment is late; and, if another 
payment is late during the next 6 billing cycles the Late Payment Fee is $35.

Over the Credit Limit Fee: None.

Returned Payment Fee: Up to $25. The Returned Payment Fee will not exceed the amount of your Minimum Payment Due.

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Minimum Payment Due
Your Minimum Payment Due (“Payment Due”) each billing cycle will be as follows:
    1) If your New Balance is $25 or less, your Payment Due is equal to your New Balance.
    2) If your New Balance is more than $25, your Payment Due is equal to any amount past due, plus the greater of:
       a) $25; or
       b) 1% of your New Balance; plus
       - billed Late Payment Fees; plus
       - billed Over the Credit Limit Fees; plus
       - billed Interest Charges; plus
       - 1/12th of the Annual Fee, if any.
Unless your Payment Due is equal to your new Account balance, it will be rounded up to the nearest dollar.

Interest Rates 

About Your APRs
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.

How a Variable Rate May Change
Your variable APRs can change with each monthly billing cycle. We will apply each APR to the applicable balance for each type of transaction.

Each variable APR will be equal to:
a) the amount shown in Part 2 above (“Spread”) plus
b) the U.S. “Prime Rate” as defined below.

The Prime Rate will be as shown in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month. Any changes in the Prime Rate 
will take effect on the first day of your billing cycle beginning in the next month. An increase in the U.S. Prime Rate will increase your Daily Periodic Rates. It may 
also increase your:
• Interest Due; and/or
• Minimum Payment Due

Specific Rates and Fees may be determined based on your creditworthiness.

APR for Purchases  
18.99% - 20.99% (corresponding .05203% - .05751% DPR), if available
(“Spread”) used:
 15.74% - 17.74% 

APR for Balance Transfers 
18.99% - 20.99% (corresponding .05203% - .05751% DPR), if available
(“Spread”) used:
 15.74% - 17.74% 

APR for Cash Advances 
25.24% (corresponding .06915% DPR)
(“Spread”) used:
 21.65%  

Penalty APR
29.99% (corresponding .08216% DPR)
(“Spread”) used:
26.74%  

About the Penalty APR
If you do not make your Minimum Payment Due by 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 your Minimum Payment Due by the Payment Due Date for the next six consecutive billing cycles, your rates will 

return to the non-Penalty APRs that apply to your Account.

• if you do not make the next six consecutive minimum payments by the Payment Due Date, we may keep the Penalty APR on your Account indefinitely.

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Interest Charges

How Daily Balance Is Determined

To determine your Daily Balance, we:
• take the beginning balance for each type of transaction that day; then
• add the following that were incurred on that day:
a) any new transactions;
b) any previous day’s periodic Interest Charges;
c) any Finance Charges; and
d) any fees and charges, including any credit insurance premiums or debt cancelation fees, if these apply; then
• subtract any payments and/or credits.

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.

Paying Interest: 
Your Account has a 25 day grace period on purchases. Periodic Interest Charges begin accruing on purchases, balance transfers, cash advances, and credit card checks on 
the date of the transaction and continue to accrue until your balance is paid in full. However, no Interest will be charged on new purchases for any billing cycle when:
• you paid your entire New Balance in the previous month on time; and
• you pay your entire current month’s balance on time as well.

Treatment Of Fees And Interest 

Minimum Interest Charge
If you are charged Interest, the charge will be no less than the Minimum Interest Charge of $1.00. The Minimum Interest Charge will be allocated to each balance 
category subject to an Interest Charge.

Balance Transfer Fee:  
Either $15 or 3% of each transfer, whichever is greater, unless otherwise disclosed. 

Cash Advance Fee
Either $15 or 3% of each cash advance, whichever is greater. 

Fees And Limits

Annual or Periodic Membership Fee
$0.

Late Payment Fee
Up to $35. The Late Payment Fee will not exceed the amount of your Minimum Payment Due.

If your Outstanding Balance on your payment Due Date is up to and including $100.00 the Late Payment Fee is $15 the first time your payment is late; and, if 
another payment is late during the next 6 billing cycles the Late Payment Fee is $15.

If your Outstanding Balance on your payment Due Date is more than $100.00 and up to and including $1000.00, the Late Payment Fee is $25 the first time your 
payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $29. 

If your Outstanding Balance on your payment Due Date is more than $1000.00 the Late Payment Fee is $25 the first time your payment is late; and, if another 
payment is late during the next 6 billing cycles the Late Payment Fee is $35.

Over the Credit Limit Fee 
None.

Returned Payment Fee
Up to $25. The Returned Payment Fee will not exceed the amount of your Minimum Payment Due. 

Required insurance, debt cancellation or debt suspension coverage: 
None.

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CAPITAL ONE® CUSTOMER AGREEMENT

ABOUT THIS AGREEMENT
Part 1 and 2 together make your Cardmember Agreement and 
Disclosure Statement (“Agreement”) and govern your Credit Card 
Account with us (your “Account”).

Part 1 contains Terms and Conditions. Part 2 contains Annual 
Percentage Rate (“APR”) and fee information. Please read and keep 
both parts of this Agreement.

We are not liable if:
• a merchant refuses your Card; and/or
• we do not complete your transaction for any reason.

CREDIT LIMIT
When we first send your Card, we will tell you:
• the total credit limit on your Account; and
• the portion of this limit you can use for cash advances.

Thank you.

KEY TERMS
“You” and “your” means each person who:
• applied for this Account; and/or
• agrees to pay for the Account.

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

“Agreement” means Parts 1 and 2 of this document and any 
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 receive this Agreement, use the Account, or sign or keep 
the Card, you agree to:
• the terms of this Agreement; plus
• any amendments or supplements to the Agreement. 

If your Account has an Annual Fee or Periodic Membership Fee, we will 
refund this fee if:
• you have not used your Account; and
• you close your Account within 90 days of when it was opened.

You may close your Account at any time.

TYPES OF USES
You can use your Account for:
• Purchases;
• Balance Transfers; and
• Cash Advances.

We may limit the amount and/or frequency of any type of use at any time.

Balance transfers include credit card checks, unless otherwise disclosed.

Cash advances include cash you get:
• over the counter (e.g., at a bank);
• at an ATM; and
•  from other purchases we define as “cash-like” (e.g., money orders, 

traveler’s checks, casino chips, or lottery tickets).

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. 

You will take reasonable steps to prevent the unauthorized use of your 
Card and Account. 

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.

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.

If a cash advance limit is not shown on your billing statement, it means 
your total credit limit is available for cash advances.

We may change these limits 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 exceeds your available credit, we may decline it. 

RECURRING BILLS
If you authorize any company to bill charges on a recurring basis to your 
Account, we may provide the company with information about your:
a) Account number; 
b) Account status; and
c) Account expiration date.

You must notify the company when and if you no longer want to allow 
them to charge your Account.

If you default with us or if we change your Account or Account 
number for any reason:
• we may refuse or suspend future recurring charges; and
•  you must set up the recurring charges again and/or make other 

payment arrangements with the company.

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.

WHEN AND HOW TO PAY
You agree to:
•  pay at least the Minimum Payment Due as described in Part 2, and as 

shown on your billing statement; and

•  make this payment in time to be credited by no later than the 

Payment Due Date.

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. Send this payment to the special address 
on your statement. This address is called the “Billing Inquiries” address. 

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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. cash 
advance, purchases, etc.); and

•  Interest Charges may be restored back to the payment date at the 

APR for that transaction.

INTEREST RATES 

ABOUT YOUR APRs
Your APRs are shown in Part 2. 
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 OR INTRODUCTORY APR
We may offer you special Promotional or Introductory APRs from time 
to time. If we do, we will tell you:
• the eligible transaction types;
• how long this APR will last; and
• any other special terms of the offer.

HOW A VARIABLE RATE MAY CHANGE
Your variable APRs can change with each monthly billing cycle. 
We will apply each APR to the applicable balance for each type of 
transaction. Each variable APR will be equal to:
a) the amount shown in Part 2 (“Spread”); plus
b) the U.S. “Prime Rate” as defined below.

The Prime Rate will be as shown in the Money Rates table of The Wall 
Street Journal that is in effect on the last day of the month. 

Any changes in the Prime Rate will take effect on the first day of your 
billing cycle beginning in the next month.

An increase in the U.S. Prime Rate will increase your Daily Periodic 
Rates. It may also increase your:
• Interest Due; and/or
• Minimum Payment Due.

ABOUT THE PENALTY APR
If you do not make your Minimum Payment Due by 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 your Minimum 
Payment Due by the Payment Due Date for the next six consecutive 
billing cycles, your rates will return to the non-Penalty APRs that 
apply to your Account; or

•  if you do not make the next six consecutive minimum payments 
by the Payment Due Date, we may keep the Penalty APR on your 
Account indefinitely.

INTEREST CHARGES 

HOW INTEREST CHARGES ARE CALCULATED
To determine your periodic Interest Charges on each billing statement, we:

•  determine the Average Daily Balance for each type of transaction; 

(for example, purchases, balance transfers, and cash advances); then

• multiply this number by the applicable Daily Periodic Rate; then
•  multiply this number by the total number of days in the billing cycle.

We use the applicable Daily Periodic Rate in effect on the billing 
statement closing date.

HOW DAILY BALANCE IS DETERMINED
To determine your Daily Balance, we:
•  take the beginning balance for each type of transaction that day; then
• add the following that were incurred on that day:
  a) any new transactions;
  b) any previous day’s periodic Interest Charges;
  c) any Finance Charges; and
  d)  any fees and charges, including any credit insurance premiums or 

debt cancelation fees, if these apply; then

• subtract any payments and/or credits.

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 Charge 

calculations 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.

PAYING INTEREST
Your Account has a grace period on purchases. Periodic Interest 
Charges begin accruing on purchases, balance transfers, cash 
advances, and credit card checks on the date of the transaction and 
continue to accrue until your balance is paid in full. However, no 
Interest will be charged on new purchases for any billing cycle when:
•  you paid your entire New Balance in the previous month on time; and
• you pay your entire current month’s balance on time as well.

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 Part 2. The Minimum Interest 
Charge will be allocated to each balance category subject to an Interest 
Charge.

BALANCE TRANSFER FEE
This fee is shown in Part 2. This fee:
• applies to balance transfers and credit card checks; and
•  is charged as of the date the transfer or check posts to your Account; 

and

• is added to the same balance as the balance transfer; and
• is a Finance Charge.

CASH ADVANCE FEE 
This fee is shown in Part 2. It applies to:
• cash you get over the counter (e.g., at a bank);
• cash you get at an ATM; and
•  other “cash-like” transactions (such as money orders, traveler’s 

checks, casino chips, or lottery tickets).

This fee is:
• charged as of the date the transaction posts to your Account; and
• added to the cash advance balance; and
• a Finance Charge.

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 Part 2 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. 

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ANNUAL OR PERIODIC MEMBERSHIP FEE
If your Account has an Annual or Periodic Membership Fee, this 
amount is shown in Part 2. You agree that this fee will be charged to 
your Account while your Account is:
• open; or 
• closed with a balance. 

If you have not used your Account and you close it within 90 days of 
when it was opened, the Annual or Periodic Membership Fee(s) will be 
refunded (if paid) or reversed.

This Fee compensates Capital One in part, for Cardmember services 
provided or made available to you throughout the membership year.

LATE PAYMENT FEE 
This fee is shown in Part 2. It is charged in any billing cycle that you do 
not pay at least the Minimum Payment Due by the Payment Due Date.

OVER THE CREDIT LIMIT FEE
This fee is shown in Part 2 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 Part 2. 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
• amount is disclosed at the time a payment by phone is requested.

COPY REQUEST FEE
A 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.

STOP PAYMENT FEE 
A fee may be charged when you request a stop payment on a credit 
card check you have written.

Please note, if the check has already been paid, a stop payment cannot 
be requested.

To request a stop payment you must notify us in writing. Please use the 
“Billing Inquiries” address on your billing statement.

If you notify us by phone, you must also notify us in writing within 14 
days of your call. 

Your written, signed request must include these items:
• check number;
• payee name;
• check date; and
• check amount.

Your stop payment order will end after six months unless you renew it 
in writing.

HOW WE APPLY PAYMENTS
We apply your payment up to and including the Minimum Payment 
Due as we determine, and usually to lower APR balances before 
higher ones.

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

GETTING ADDITIONAL CARDS
You may:
• request additional Cards for others; and/or
• permit others to use your Card or Account Number.

You are responsible for all charges made on additional Account Cards 
or by permitted users.

To revoke another person’s permission to use your Account, you must:
• notify us; and
•  retrieve and destroy any Cards, checks or other Account access 

devices from that person.

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.

CLOSING YOUR ACCOUNT
You can close your Account at any time by:
• calling the number on the back of your Card; or
•  mailing your request to the “Billing Inquiries” address on your 

billing statement.

Once you close the Account:
•  you must destroy your Card(s) and any unused credit card checks; and
•  you will still be responsible for all amounts owed according to the 

terms of this Agreement.

LOST OR STOLEN CARD/CHECKS
You agree to notify us immediately if:
• your Card or credit card checks are 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.

ACCOUNT 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;

g) write any credit card checks that are returned unpaid by us; 
h)  default under any other agreement or security agreement you have 

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

i) 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 Introductory 
or Promotional APR balances, all accrued but unpaid Interest Charges and 
other charges provided for in this Agreement immediately; 

• change the terms of your Account; and
• 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; and
-consumer reporting agencies.

We may provide information about you and the Account to consumer 
(credit) reporting agencies and others as provided in our Privacy 
Notices. Information we provide might appear on your and the 
authorized users’ credit reports. 

If you fail to meet the terms of this Agreement, we may send a 
negative report to 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, N.A., P.O. 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.

ACCOUNT CLOSURE
At any time, for any reason, we may take any of these actions subject 
to applicable law:

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a) close your Account;
b) suspend your access to new credit; 
c) reduce your credit limit; and/or 
d) not renew your Card.

If we close your Account, you agree to destroy your Card(s) and any 
unused credit card checks. 

If your Account is closed for any reason, the terms of this Agreement 
still apply to Account balances until your Account is paid in full. 

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 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.

APPLICABLE LAWS
This Agreement is governed by 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. 

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: 

Capital One
PO Box 5253
Carol Stream, IL 60197-5253 

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.

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.

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 5253
Carol Stream, IL 60197-5253

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.

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.

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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.

AG5733A (10/12) M-106765

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