Credit Card Agreement for Saks Retail 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

 24.24%.

 This APR will vary with the market based on the Prime Rate.

 27.24%.

 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.

 How Long Will the Penalty APR Apply?: If your APRs are increased for this reason, the 
 Penalty APR may apply 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 $1.00 will be assessed for each billing cycle in which an Interest 
 Charge is payable. 

 Transaction Charges

 None.

 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 which is used to determine your Interest Charges and the corresponding 
 Annual Percentage Rate, will be variable rates which may change monthly. The Daily Periodic Rate will be one-three hundred 
 sixty fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall Street Journal that is in effect on the 
 last day of the month. (“Prime Rate”), plus a “Spread” of 20.74 percentage points for the Standard Rate and a “Spread” of 
 23.74 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing 
 cycle beginning in the next month.

 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. 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.
 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 

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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 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.

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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.  
 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 Attn: Credit Bureau 
 Disputes, 3455 Hwy 80 West, Jackson, MS 39209. 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 

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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.

 BR262480    M-111184

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 © 2015 Capital One
 Capital One is a federally registered service mark.