Credit Card Agreement for BuyPower Card® 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 Purchases

 Introductory rate of 0% for 12 months.

 Non-introductory rates between 14.4% - 26.24%.
 This APR will vary with the market based on the Prime Rate.

 APR for Transfers

 14.4% - 26.24%.

 This APR will vary with the market based on the Prime Rate.

 APR for Cash Advances

 26.4%.

 Penalty APR and  
 When It Applies

 Paying Interest

 This APR will vary with the market based on the Prime Rate. 

 30.9%.

 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 transfers on the 
 transaction date.

 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
 • Transfer
 • Cash Advance

 Penalty Fees
 • Late Payment
 • Returned Payment

 None.

 None.
 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 
 “How Do You Calculate The Interest Charge?” section below.
 Can I Lose My Introductory APR? We may end your introductory APR and apply the Penalty APR if you make a late payment.

 What Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided 
 in your Customer Agreement.

 THINGS YOU SHOULD KNOW ABOUT THIS CARD

 How Do You Calculate My Variable Rates? Your variable rates may change when the Prime rate changes. We calculate 
 variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of December, 
 March, June and September. If the Journal is not published on that day, then see the immediately preceding edition. Variable 
 rates on the following segment(s) will be updated quarterly and will take effect on the first day of your January, April, July and 
 October Billing periods: Non-introductory Purchase APR: Prime plus a margin between 9.65% and 21.49%; Transfer APR: 
 Prime plus a margin between 9.65% and 21.49%; Cash Advance APR: Prime plus 21.65%; Penalty APR: Prime plus 26.15%. 
 Any increase in the Prime Rate may increase your Interest Charges and your Minimum Payment.
 What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Introductory Purchase 
 APR is 0.00000%; Non-introductory Purchase APR is between 0.03945% and 0.07189%; Transfer APR is between 0.03945% 
 and 0.07189%; Cash Advance APR is 0.07233%; and Penalty APR is 0.08466%.
 How Can I Avoid Paying Interest Charges? If you pay your statement’s “New Balance” in full by the due date each month, 
 we will not charge interest on any new transactions that post to the Purchase balance. If you have been paying your Account 
 in full without interest charges, but fail to pay your next “New Balance” in full, we will charge interest on the unpaid balance. 
 For Cash Advances and Transfers, we will start charging interest on the transaction date. From time to time, we may give 
 you offers that allow you to pay less than the total balance and avoid interest charges to new transactions that post to your 
 purchase balance. If we do, we will provide details in the specific offer.

 How Is The Interest Charge Determined? Interest charges accrue from the 1) date of the transaction, 2) date the transaction 
 is processed or 3) first day of the billing period. Interest accrues daily on every unpaid amount until it is paid in full. Any interest 
 that has accrued during a billing period will post to your account at the end of the billing period and will appear on your next 
 statement. This means you may owe interest charges even if you pay the entire “New Balance” one month, but did not do so 
 the previous month. For example, even if a customer pays their balance in full on a February 26th due date, interest would 
 continue to accrue on the balance from February 2nd (the start of the Billing Cycle) through February 26th, and will appear 
 on their next statement. Once you start accruing Interest Charges, you generally must pay your New Balance in full for two 
 consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest charges are added to the 
 proper segment of your account. However, we reserve the right to not assess interest charges.
 How Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions). 
 Under this method, we first calculate your daily balance; for each segment, 1) take the beginning balance and add in new 
 transactions and the periodic interest charge on the previous day’s balance, then 2) subtract any payments and credits for that 
 segment as of that day. The result is the daily balance for each segment. However, if you paid your previous month’s balance 
 in full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase 
 segments are not added to the daily balances. Also, transactions subject to a grace period are not added to the daily balances.
 Next, to find your Average Daily Balance: 1) add the daily balances together for each segment, and 2) divide the sum by the 
 number of days in the billing cycle.
 At the end of each billing cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by the 
 daily periodic rate (APR divided by 365) for that segment, and 2) multiply the result by the number of days in the billing period.
 NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed.

 © 2020 Capital One. Capital One is a federally registered service mark. All rights reserved. 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
 Thank you for opening a credit card account with us. 
 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 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.
 Your Revolving Credit Line and Spending
 We will tell you your initial revolving credit line when you 
 open your Account. We may increase or decrease your 
 revolving credit line at any time without prior notice to 
 you, unless notice is required by law, and we may limit 
 or take away the credit available for Cash Advances. 
 You can find your current revolving credit line on 
 your Statement. We may not authorize transactions in 
 excess of your revolving credit line. We may consider 
 each transaction that may cause you to exceed your 
 revolving credit line based on several factors, including 
 your performance on this Account and other credit 
 accounts you have with us and your performance with 
 other creditors. If we do authorize transactions in excess 
 of your revolving credit line, they will be subject to this 
 Agreement. They will not result in an increase of your 
 revolving credit line. 
 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 revolving credit line 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 Segment of your 
 Account. We will apply it against your available credit 
 for that Segment.

 (9)  You may obtain Cash Advances and Transfers 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.

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 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 Special 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 revolving credit line; 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.
 Authorized Users
 If you ask us to issue a Card to any other person, 

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 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 
 any new transactions posted to the purchase Segment 
 of your Account if you paid the total balance across all 
 Segments of your Account in full by the due date on 
 your Statement each month. From time to time, we may 
 give you offers that allow you to pay less than the total 
 balance and avoid Interest Charges on new purchase 
 Segment transactions. If we do, we will provide details in 
 the specific offer.
 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. 
 Membership Fee
 If your Account has a membership Fee, we may charge 
 the first membership Fee either on the day you activate 
 your Card or on the day when you use your Account, 
 whichever occurs first. If your Account terms include a 
 $0 introductory Fee, we may charge the first Fee when 
 the introductory period ends. If it is an annual Fee, we 
 may then charge it approximately once per year. If it is a 
 monthly Fee, we may charge it each Billing Cycle.
 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. 
 Transfer Fee
 We may charge you this Fee each time you make a 
 Transfer. We will charge the Fee to the same Segment 
 where we post the Transfer. 
 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 amount 
 by the payment due date. 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. 

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 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
 Your Account may have Segments with different Annual 
 Percentage Rates (APR). For example, purchases may 
 have a lower APR than Cash Advances. If your Account 
 has Segment balances with different APRs, here is how 
 we apply payments in a Billing Cycle: 
 (1)  We generally apply credits and payments up to 

 your minimum payment first to the balance with the 
 lowest APR, and then to balances with higher APRs. 

 (2)  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.

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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 
 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 

 (3)  you file or become the subject of a bankruptcy or 

 cannot be processed;

 insolvency proceeding;

 (4)  you are unable or unwilling to repay your obligations, 
 including upon death or legally declared incapacity; 
 (5)  we determine that you made a false, incomplete or 

 misleading statement to us, or you otherwise tried to 
 defraud us; 

 (6)  you do not comply with any term of this Agreement 

 or any other agreement with us; or

 (7)  you permanently reside outside the United States.
 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 revolving credit line;
 (4)  demand that you immediately pay the total balance 

 owing on your Account;

 (5)  continue to charge you Interest Charges and Fees as 
 long as your balance remains outstanding; and/or
 (6)  file a lawsuit against you, or pursue another action that 
 is not prohibited by law. If we file a lawsuit, you agree to 
 pay our court costs, expenses and attorney fees, unless 
 the law does not allow us to collect these amounts.

 Communications
 You agree that we may communicate with you by mail, 
 telephone, email, fax, prerecorded message, automated 
 voice, text message or other means allowed by law 
 regarding your Account.
 You agree that we may contact you at any telephone 
 number (including a mobile telephone number that 
 you provide us), and use an automated telephone 
 dialing system or similar device to do so. You agree that 
 we may monitor or record any conversation or other 
 communication with you. 
 Credit Reports
 We may report information about your Account to credit 
 bureaus and others. Late payments, missed payments, 
 or other defaults on your Account may be reflected in 
 your credit report. Information we provide may appear 
 on your and the Authorized Users’ credit reports.
 If you believe that we have reported inaccurate 
 information about your Account to a credit bureau or 
 other consumer reporting agency, notify us in writing at 
 PO Box 30281, Salt Lake City, UT 84130-0281. When 
 you write, tell us the specific information that you believe 
 is incorrect and why you believe it is incorrect. 
 We may obtain and use credit, income and other 
 information about you from credit bureaus and others as 
 the law allows. 
 Closing or Suspending Your Account
 You may contact Customer Service to ask us to close 
 your Account.
 We may close or suspend your Account at any time and for 
 any reason permitted by law, even if you are not in default. 
 If we close or suspend your Account for any reason, 
 you must stop using your Card. You must also cancel all 
 billing arrangements set up on the Account. If we close 
 or permanently suspend your Account, you must return 
 or destroy all Cards. You must still pay us all amounts 
 you owe on the Account.
 Changes to Your Agreement
 At any time, we may add, delete or change any term of 
 this Agreement, unless the law prohibits us from doing 
 so. We will give you notice of any changes as required 
 by law. We may notify you of changes on your Statement 
 or in a separate notice. Our notice will tell you when and 
 how the changes will take effect. The notice will describe 
 any rights you have in connection with the changes. 
 Your variable APRs (if applicable) can go up or down as 
 the index for the rate goes up or down. If we increase 
 your APRs for any other reason, or if we change your 
 Fees or other terms of your Account, we will notify you 
 as required by law.

 The Law That Applies to Your Agreement
 We make decisions to grant credit and issue you a Card 
 from our offices in Virginia. This Agreement is governed 
 by applicable federal law and by Virginia law. If any part 
 of this Agreement is unenforceable, the remaining parts 
 will remain in effect.
 Waiver
 We will not lose any of our rights if we delay or choose 
 not to take any action for any reason. We may waive our 
 right without notifying you. For example, we may waive 
 your Interest Charges or Fees without notifying you and 
 without losing our right to charge them in the future. 
 Assignment
 This Agreement will be binding on, and benefit, any of 
 your and our successors and assigns. You may not sell, 
 assign or transfer your Account or this Agreement to 
 someone else without our written permission. 
 We may sell, assign or transfer your Account and this 
 Agreement without your permission and without prior 
 notice to you. Any assignee or assignees will take our 
 place under this Agreement. You must pay them and 
 perform all of your obligations to them and not us. If you 
 pay us after we notify you that we have transferred your 
 Account or this Agreement, we can return the payment 
 to you, forward the payment to the assignee, or handle it 
 in another way that is reasonable. 
 Glossary
 • “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 a Transfer posted to the 
 purchase Segment 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.

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 • “Special Transfer” means a Transfer posted to a 
 Segment of your Account that is not your purchase 
 Segment or Cash Advance Segment.
 •    “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”. 
 • “Transfers” means amounts transferred from other 
 accounts to this Account and includes Balance 
 Transfers and Special Transfers.
 •   “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.

 • “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 Segment of your 
 Account and not to your purchase Segment.
 • “Fees” means charges imposed on your Account not 
 based on the Annual Percentage Rates.
 •  “Interest Charges” means 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. 
 • “Segments” means the different parts of your Account 
 we may establish that are subject to unique APRs, 
 pricing, or other terms. We create these parts of your 
 Account for such things as your purchases, Balance 
 Transfers, Cash Advances and Special Transfers. 
 The sum of your Segment balances equals your total 
 Account balance.

 © 2014 Capital One
 Capital One is a federally registered service mark. 
 All rights reserved.

 BR281646    M-112863

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 COF Customer Agreement 358