Credit Card Agreement for SaksFirst World Elite Mastercard® 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 March 31, 2020. 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 Saks Purchases

25.49%.

This APR will vary with the market based on the Prime Rate.

Annual Percentage Rate (APR) 
for Non Saks Purchases

25.49%.

APR for Balance Transfers

25.49%.

This APR will vary with the market based on the Prime Rate.

This APR will vary with the market based on the Prime Rate.

APR for Cash Advances

28.49%.

Penalty APR and  
When It Applies

Paying Interest

This APR will vary with the market based on the Prime Rate.

29.49%.

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 APRs are increased for a payment that is 
late, the Penalty APR may apply indefinitely.

Your due date is at least 25 days after the close of each billing cycle. We will not charge 
you interest on new purchases, provided you have paid your previous balance in full by 
the due date each month. 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. 

For Credit Card Tips from  
the Consumer Financial 
Protection Bureau

To learn more about factors to consider when applying for or using a credit card,  
visit the website of the Consumer Financial Protection Bureau at  
http://www.consumerfinance.gov/learnmore.

Annual Fee

Transaction Fees
• Balance Transfer
• Cash Advance

Penalty Fees
• Late Payment
• Returned Payment

None.

Either $15 or 3% of the amount of each Balance Transfer, whichever is greater.
Either $10 or 3% of the amount of each Cash Advance, whichever is greater.

Up to $38. 
Up to $25.

How Do You Calculate My Balance? We use a method called “average daily balance (including new transactions).” See the 
“How Do You Calculate The Interest Charge?” section.
What Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided 
in the Customer Agreement.

THINGS YOU SHOULD KNOW ABOUT THIS CARD

How Do You Calculate My Variable Rates? Your variable rates may change each month if the Prime rate changes. We 
calculate variable rates by adding a percentage to the Prime rate published in The Wall Street Journal that is in effect on the 
last day of each month. Variable rates will be updated monthly and will take effect on the first day of your next Billing Cycle: 
Saks Purchase APR: Prime plus 20.74%; Non Saks Purchase APR: Prime plus 20.74%, Balance Transfer APR: Prime plus 
20.74%; Cash Advance APR: Prime plus 23.74%; Penalty APR: Prime plus 24.74%. Any increase in the Prime Rate may 
increase your Interest Charges and your Minimum Payment Due. 
What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Saks Purchase APR is 
0.06984%, Non Saks Purchase APR is 0.06984%, Balance Transfer APR is 0.06984%, Cash Advance APR is 0.07805%, and 
Penalty APR is 0.08079%. See the “How Do You Calculate The Interest Charge?” section. 
How Can I Avoid Paying Interest Charges? We will not charge you interest on new purchases if you pay the full Purchase, 
Balance Transfer, and Cash Advance Credit Plan balances displayed on your Billing Statement each month, plus any 
minimum payments required on promotional Credit Plans. For Cash Advances and Balance Transfers, we will start charging 

interest on the transaction date. Additional amounts may be required during the final two months of any Same as Cash 
promotion. More information about Interest Charges, including treatment of promotional balances, can be found in the 
Customer Agreement in the section titled “Interest Charges and Fees.”
How Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions).

1.  First, for each Credit Plan, we take the beginning balance each day and add in new transactions and the periodic Interest 
Charge on the previous day’s balance. Then we subtract any payments and credits for that Credit Plan as of that day. The 
result is the daily balance for each Credit Plan. 

2.  Next, for each Credit Plan, we add the daily balances together and divide the sum by the number of days in the Billing 

Cycle. The result is the Average Daily Balance for each Credit Plan.

3.  At the end of each Billing Cycle, for all Credit Plans other than Same As Cash, we multiply your Average Daily Balance 
for each Credit Plan by the daily periodic rate (APR divided by 365) for that Credit Plan, and then we multiply the result 
by the number of days in the Billing Cycle. For Same As Cash Credit Plans, if interest is applied, the interest is accrued 
from the transaction date of the purchase through the current Billing Cycle. If you do not pay in full the balance attributed 
to promotional item(s) purchased on a Same As Cash Credit Plan within the promotional rate period, your APR calculation 
will factor in the sum of all of the balances attributed to the promotional item(s) over the entire promotional rate period. 
The Interest Charge for Same as Cash Credit Plans is the total of: 

•  the applicable daily periodic rate (APR divided by 365) for the current Billing Cycle times the daily balance for each 

day in the current Billing Cycle; plus

•  the applicable daily periodic rate for each prior Billing Cycle times the daily balances of the Credit Plan for each day 

during each prior Billing Cycle. 

4.  We add the Interest Charges for all Credit Plans together. The result is your total Interest Charge for the Billing Cycle. 
NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed.
How Is The Interest Charge Applied? Interest charges accrue from the date of the transaction or the first day of the Billing 
Cycle. Interest charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges 
even if you pay the entire “New Balance” for one Billing Cycle, but did not do so in the previous Billing Cycle. Unpaid Interest 
Charges are added to the corresponding Credit Plan of your Account. For Waived Interest Charge Credit Plans, no interest is 
charged for the promotional period. 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.

© 2020 Capital One. Capital One is a federally registered service mark. All rights reserved. Mastercard is a registered 
trademark, and the circles design is a trademark of Mastercard International Incorporated. Products and services offered by 
Capital One, N.A. Capital One supports information privacy protection: see our website at www.capitalone.com.

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. “Saks Fifth Retailers” means Saks Fifth Avenue 
or Saks Fifth Avenue OFF 5TH retail locations, online 
websites or telephone order centers.
Account Documents
The following documents govern your Account with us:
(1)  this Agreement;
(2)  all Statements;
(3)  any rewards program terms, conditions and disclosures;
(4) any privacy notices;
(5)  your Card benefits brochure, which describes benefits 

provided by the Payment Card Network for your Account;

(6)  all disclosures and materials provided to you before or 

when you opened your Account;

(7)  any other documents and disclosures relating to your 

Account, including those provided online; and
(8)  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 
limits. These will also appear on your Statement. We may 
also refer to your credit limits as your credit lines. We may 
give you different credit limits for the different Credit Plans 
of your Account. For example, you may have different credit 
limits for purchases at Saks Fifth Retailers, purchases at  
non-Saks Fifth Retailers and Cash Advances.

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You are responsible for keeping track of your Credit Plan 
balances and your available credit. You must manage your 
Account to remain below your credit limits. We may honor 
transactions above your credit limits, but if we do these 
transactions will not increase your credit limit. You are 
responsible for paying for any transaction you make above 
your credit limits.
We may also increase, decrease, restrict or cancel your 
credit limit on any Credit Plan 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, Access Checks  
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)  Unless we tell you otherwise, we will bill each 

transaction to the applicable Credit Plan of your 
Account. We will apply it against your available credit 
for that Credit Plan.

  (9)  You may obtain Balance Transfers and Cash Advances 

as permitted for your Account. You may not use these 
to pay any amount you owe us or any other company 
in the Capital One organization.

(10)   You must not use, or try to use, the Card for any illegal 

activity. You are responsible for any charges if you do.
(11)   We are not liable for any losses that may result when 

our services are unavailable due to reasons beyond 
our control.

Rewards 
Your Account may provide you with the opportunity to earn 
rewards. If it does, we will separately provide you with 
information and terms about the rewards. 
Access Checks 
We may provide you with Access Checks. If we do, we will 
tell you at the time if we consider them purchases, Cash 
Advances or Balance Transfers.
Only the person we designate may use Access Checks. 
You may not use them to pay any amount you owe us or 
any other company in the Capital One organization. We 
may reject and not pay any Access Check if:
(1)  your Account is past due, charged off, bankrupt, lost/

stolen or closed;
(2)  we suspect fraud;
(3)  your Account is over the credit limit; or
(4)  the check has expired, is damaged or cannot otherwise  

be processed.

Our liability if we do not pay an Access Check will never be 
more than (1) your actual damages or (2) the amount of the 
Access Check, whichever is less.

Use of an Access Check is not the same as using your 
Card. When you use an Access Check, you will have fewer 
rights to dispute merchant transactions than with uses 
of your Card. Please see the “Billing Rights Summary” 
on your Statement and your other Truth-in-Lending 
Disclosures for more information.
Stopping Payment of Access Checks
You may request a stop payment on any Access Check by 
contacting Customer Service.
We will have a reasonable amount of time after your 
stop payment request to research and complete the stop 
payment. We will not be responsible if we cannot complete 
the stop payment. Reasons include:
(1)  the Access Check was already paid;
(2)  you do not give us the information we asked for; or
(3)  the information you gave us was incorrect.
We do not have to release the stop payment order unless 
the account holder who made the request asks us to. If we 
re-credit your Account after a valid stop payment order, you 
give us all of your rights against the payee or other holder 
of the paid Access Check. You also agree to help us in any 
legal action we may later take against the payee or other 
holder of the check.
Using a PIN
We may give you a personal identification number (PIN). 
For security reasons, you may have to provide the PIN 
before you are able to use your Card.
Keep your PIN secure. Do not write it down, give it to 
anyone or keep it with your Card. If you lose your Card 
or believe the confidentiality of your PIN has been 
compromised for any reason, you must contact Customer 
Service immediately.
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 
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 day a transaction occurs. However, we 
will not charge you interest on new purchases if you pay 
the full Purchase, Balance Transfer, and Cash Advance 

2

Credit Plan balances displayed on your Billing Statement 
each month, plus any minimum payments required on 
promotional Credit Plans. For Cash Advances and Balance 
Transfers, we will start charging interest on the transaction 
date. Additional amounts may be required during the final 
two months of any Same as Cash promotion. 
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.
Stop Payment Fee
We may charge you this Fee each time you ask us to (1) 
stop payment on an Access Check or (2) renew an existing 
stop payment order.
Cash Advance Fee
We may charge you this Fee each time you take out a 
Cash Advance. We will treat this Fee as a Cash  
Advance transaction.
Balance Transfer Fee
We may charge you this Fee each time you make a 
Balance Transfer. We will charge the Fee to the Balance 
Transfer Segment.
Transactions Made in Foreign Currencies
If you make a transaction in a foreign currency, the 
Payment Card Network will convert it into a U.S. dollar 
amount. The Payment Card Network will use its own 
currency conversion procedures. The conversion rate 
in effect on the processing date may differ from the rate 
in effect on the transaction date that appears on your 
Statement. We do not adjust the currency exchange rate or 
charge any currency conversion Fees.
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.
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.

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Items with Restrictive Words, Conditions,  
or Instructions
You must mail all Items bearing restrictive words, 
conditions, limitations or special instructions to:
Capital One
P.O. Box 1330
Charlotte, NC 28201-1330
This includes Items marked “Paid in Full” or similar 
language. This also includes all accompanying 
communications.
If you make such a payment or send any 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 P.O. 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.

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Glossary
•  “Access Check” means any check we send to you to 
access credit from your Account. We may also refer to  
an Access Check as a “convenience check” or a 
“purchase check”.

•  “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.

•  “Balance Transfer” means an amount posted to the 
Balance Transfer Credit Plan of your Account unless 
otherwise described in your Truth-in-Lending Disclosures.

•   “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.

•  “Cash Advance” means a loan in cash or things we 
consider cash equivalents, including wire transfers, 
travelers’ checks, money orders, foreign currency, 
lottery tickets, gaming chips, and wagers. We post Cash 
Advances to the Cash Advance Credit Plan of your 
Account and not to your purchase Credit Plan.

•  “Credit Plans” mean the different parts of your Account 

we may establish that are subject to unique APRs, pricing, 
or other terms. These may be individual purchases, or 
they may be combined balance types such as Balance 
Transfers and Cash Advances which are under same 
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.

•  “Payment Card Network” means the network 

provider displayed on your Card. This may be Visa Inc., 
MasterCard International Incorporated or any other 
network provider.

•  “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.

© 2018 Capital One
Capital One is a federally registered service mark. 
All rights reserved.

BR405431    M-125452

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