Credit Card Agreement for Consumer Cards in Capital One® Bank (USA), 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 September 30, 2010. The combination of
terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain
introductory rates. The Customer Agreement contains important information related to consumer credit cards issued by Capital One Bank (USA), N.A. Please
visit www.capitalone.com to view our online credit card offers. 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 Introductory rates between 0% and 5.9%, ranging from 9 months to 18 months.
(APR) for Purchases Non-introductory rates between 9.9% and 24.9%.

Some Purchase APRs may vary with the market based on changes in the Prime Rate.
APR for Transfers Introductory rates between 0% and 5.9%, ranging from 9 months to 18 months.
Non-introductory rates between 9.9% and 24.9%.

Some Transfer APRs may vary with the market based on changes in the Prime Rate.
APR for Cash Advances 24.9%.

Cash Advance APRs may vary with the market based on changes in the Prime Rate.
Penalty APR and When 29.4%.
It Applies
Penalty APRs may vary with the market based on changes in 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 more than 60 days late, the Penalty APR
will apply indefinitely unless you make the next six consecutive minimum payments on time following the rate increase.
Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge 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 special
transfers on the transaction date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50.

Annual Fee Between $0 and $49 annually, or between $3 and $4 monthly (equal to between $36 and $48 annually).
Transaction Fees
• Transfer Fee Between $0 and 4% of the amount of each transfer.
• Cash Advance Fee Between $0 and the greater of either $10 or 3% of the amount of each cash advance.
• Foreign Transaction Fee None.
Penalty Fees
• Late Payment Up to $35.
• Over-the-Credit-Limit Up to $29.
• Returned Payment Up to $35.

How We Will Calculate Balances: We use a method called “average daily balance” (including new purchases). See How Do You Calculate the Interest
Charge? below for more details.
Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment.

Things You Should Know About These Offers

Can You Change My Account Terms?
We can change the terms of your account as permitted by law. When required, we will send you notice before doing so.

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 How Do You Calculate Variable Rates?
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 each month. If the Journal is not published on that day, then see the immediately preceding edition. If Prime changes, your new
rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of
your January, April, July and October billing periods.

If the APR associated with an offer is variable, the APR will equal:
Non-introductory Purchase APR - Prime plus a margin between 6.65% and 21.65%.
Non-introductory Transfer APR - Prime plus a margin between 6.65% and 21.65%.
Cash Advance APR - Prime plus 21.65%.
Penalty APR - Prime plus 26.15%.

What Are The Daily Periodic Rates Used To Calculate My Interest?

The daily periodic rate for your Introductory Purchase APR would be between 0% and .01616%, Non-introductory Purchase APR between .02712% and
.06822%, Introductory Transfer APR between 0% and .01616%, Non-introductory Transfer APR between .02712% and .06822%, Cash Advance APR
.06822%, and Penalty APR .08055%.

How Can I Avoid Paying Interest Charges?

Each month you pay your “New Balance” in full by the due date, you will have a minimum grace period of 25 days with no interest charge on all new
1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. If you have been paying your account in full with no interest charges applied
and you do not pay your next bill in full, prorated interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any
new transaction when there is an unpaid balance from a previous bill.

How Is The Interest Charge Applied?

Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first calendar day of the billing period. 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” one month,
but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your account.

How Do You Calculate The Interest Charge?

For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the
result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge
actually assessed.

We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1%, not
to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will
increase and your minimum payment may be greater.

To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle.
To determine your daily balance: 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day’s balance.
2) Subtract any payments and credits for that segment as of that day. 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 that
are subject to a grace period are not added to the daily balances.

©2010 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One Bank (USA), N.A.
Capital One supports information privacy protection: see our website at www.capitalone.com.

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 Capital One® Customer Agreement
Welcome to Capital One.® You may also update some of this information by logging
Thank you for opening a credit Card Account with us. This onto your Account on our website or by calling one of our
Customer Agreement (“Agreement”) contains the terms for representatives at the telephone number provided on your
your Capital One credit Card. Statement or on the back of your Card. We may require you
to provide additional documents that are acceptable to us to
Some Definitions. verify this information or any changes. We maintain the right
The meanings of the terms you see in italics appear in to restrict or close your Account if your information cannot
the Glossary Section. To make the Agreement easy be verified or if you do not provide additional information as
to understand, we will also use the following personal requested.
pronouns:
Credit Limits.
“You,” “your” and “yourself” mean each applicant and co- When you open your Account, you will receive your credit
applicant for the Account; any person responsible for paying limits. These will also appear on your Statements. We might
the Account; and anyone You authorize to use, access or also refer to your credit limits as your credit lines. We may give
service the Account. It also includes an Authorized User as you different credit limits for the different Segments of your
defined in the Glossary Section. Account. For example, you might have a different credit limit
“We,” “us,” “our” and “Capital One” mean Capital One for purchases than for Cash Advances.
Bank (USA), National Association; and its agents, authorized
representatives, successors, and assignees. You are responsible for keeping track of your Account
balances and your available credit limits. Do not allow
Account Documents. your Account to go over any credit limit even if you have
Your Account with us is governed by the following authorized us to charge you an overlimit Fee for doing so,
documents: as described in the Interest Charges and Fees section. We
may still honor transactions above your credit limits, but our
(1) this document; honoring of these transactions will not increase your credit
(2) all Statements; limit.
(3) all rewards information and documentation if your
Account has rewards; We may also increase, decrease, restrict or cancel your credit
(4) any Privacy Notices describing our limitations on sharing limit on any Segment at any time. This will not affect your
information about you with others; obligation to pay us.
(5) your Card benefits brochure which describes benefits
provided by the Payment Card Network for your Card and Using Your Account.
Account. The most current version of your Card benefits You promise to follow the terms of this Agreement as long
brochure will replace all prior versions; as your Account remains open or has a balance. Please sign
(6) the “Security” Agreement if you have a secured Card; the Card immediately when you receive it. The Card is valid
(7) all disclosures and materials provided to you before during the dates provided on the front. The Card is our
or when you opened your Account, including Truth in property, and you will return it to us or destroy it if we ask.
Lending Disclosures; You will take reasonable steps to prevent the unauthorized
(8) all other documents and disclosures relating to your use of your Card and Account.
Account including those provided online; and
(9) any future changes we make to any of the above things. We are not responsible if anyone refuses to accept your
Card for any reason. Also, we may reject any transaction for
Please read these carefully and keep them for future any reason. Unless we tell you otherwise, we will bill each
reference. An image of any of these can be used instead of transaction to the applicable Segment of your Account and
the original. apply it against your available credit limit for the Account and
Card for that Segment in each Billing Cycle.
New Offers.
In the future, we might make new offers to you or forward You may also obtain Cash Advances and Transfers if they are
offers from others that we think you might be interested permitted for your Account. Unless we agree, you may not
in. These offers may have new or different terms and use a Transfer to transfer amounts from other Accounts with
documentation for these offers will be provided when we us or any other company within the Capital One organization.
make you the offer. If you accept the offer, your previously
disclosed terms will still apply except as modified by the offer. You must not use, or try to use, the Card for any Internet
gambling transactions or transactions that are illegal or not
Account Information. permitted by us. You will still be responsible if you do. In
We need information about you to manage your Account. addition, these transactions will be subject to this Agreement,
The information we need includes: and you might have to reimburse the Payment Card Network
and us for all damages and expenses.
(1) your legal name;
(2) a valid U.S. mailing address and residential address (if From time to time, due to circumstances beyond our control
different); (such as system failures, fires, floods, natural disasters or other
(3) your date of birth; unpredictable events) our services might be unavailable. When
(4) your social security number or other government this happens, you might be unable to use your Card or obtain
identification number; information about your Account. We will not be responsible or
(5) your telephone number(s); and liable if this happens.
(6) your employment and income information.
Rewards.
You must tell us when this information changes. Please update Your Account might provide you with the opportunity to earn
your address in the manner provided on your Statement. rewards. If it does, we will separately provide you with all

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 information and terms about your rewards. We will include your request, we will need certain information about the
on your Statements all rewards you have earned. It might Authorized User to manage your Account. This will be the
take up to two Billing Cycles for your earned rewards to same information you provided about yourself as described
appear on your Statement. in the Account Information Section. We may limit an
Authorized User’s ability to initiate certain transactions. If we
Using Your Access Checks. do, we will tell you about these limitations before adding any
When we provide you with Access Checks, we will tell you new Authorized User on your Account.
whether we will treat them as purchases, Balance Transfers,
Cash Advances or Special Transfers. Once we add an Authorized User to your Account, we
may discuss your Account with them and provide them
Only the person we designate may use Access Checks. Access with Account information. You will be responsible for the
Checks may not be used to pay any amount you owe us or Authorized User’s use of the Card and your Account as well
any other company within the Capital One organization. We as anyone else they allow to use your Card or Account. This
may reject and not pay any Access Check for any reason. will be true even if you did not want, or agree to, the use.
Some examples of reasons why we may reject and not pay
include: your Account is delinquent, charged-off, bankrupt, Removing an Authorized User.
lost/stolen or closed; our fraud system prevents the offer If you want to remove an Authorized User from the Account,
fulfillment; your Account is overlimit; or the checks have you must contact us as provided on your Statement and
expired. Any liability for our wrongful dishonor of an Access request their removal. We will have a reasonable amount of
Check will be limited to your actual damages and will not time after your request to research the situation and remove
exceed the amount of the Access Check. them. You also must immediately destroy all Cards in their
possession and cancel all of their billing arrangements to
When you use an Access Check, you will have fewer rights to the Account. We will not do this for you. During this time,
dispute merchant transactions than with other uses of your you still will be responsible for all amounts they charge to the
Card. Please see the “Billing Rights Summary” part of your Account. You will be responsible even if these amounts do not
Statement and your other Truth in Lending Disclosures for appear on the Account until later. An Authorized User may
more information. remove themselves from the Account upon request.

Stopping Payment of Access Checks. We may close your existing Account and/or issue a new Card
You may request a stop payment on any Access Check by with a new Account number.
contacting us as provided on your Statement. We may charge
you a Fee to stop payment as described in the Interest Your Promise to Pay.
Charges and Fees section. If you call us to stop payment, you You promise individually and jointly to pay us all amounts due
must also send to us a written request within 14 calendar days. on your Account. This includes amounts where you did not
sign a purchase slip or other documents for the transaction.
We will have a reasonable amount of time after your stop If you use your Card number without presenting your actual
payment request to research the situation and complete it. Card (such as for mail, telephone or Internet purchases),
We will not be responsible if we cannot complete the stop this will be treated the same way as if you used the Card
payment because the Access Check was already paid, you do in person. If you let someone else use your Card, you are
not give us the information we asked for or the information responsible for all transactions that person makes. Your
you gave us was incorrect. If we cannot stop payment for promise to pay us will apply to your estate if you die.
these reasons, we may still keep the stop payment Fee.
Statements.
Once we complete a stop payment, we do not have to release We will send you one Statement for all Cards on your
the stop payment order unless the same person asks us to. Account unless the law does not require or permit us to
If we re-credit your Account after paying an Access Check send a Statement. Statements will be sent at the end of
following a valid stop payment order, you give us all of your each Billing Cycle when your Account has a debit or credit
rights against the payee or other holder of the paid Access balance of more than $1.00, or if we have charged any
Check. You also agree to help us in any actions we might Interest Charges to your Account. Your Statement will show
later take against that person. all transactions billed to your Account during the Billing Cycle
along with other important Account information.
Using a PIN.
We may give you a personal identification number (PIN). For Disputed Transactions.
security reasons, you might have to provide the PIN before You must inspect each Statement you receive and tell us
you are able to complete some transactions using the Card. about any errors or questions you have as described in
the “Billing Rights Summary” part of your Statement and
With a PIN, you may use your Card to: (1) obtain cash other Truth in Lending Disclosures. If you do not notify us
from certain automated teller machines (ATM) or (2) make as provided in those disclosures, we may assume that all
purchases at certain merchant or retailer point-of-sale devices information in the Statement is correct.
(POS). You may do these things if the ATM or POS requires
entry of a PIN and displays the logo of the Payment Card If you dispute a transaction made by you or someone else on
Network on your Card. We will treat all ATM transactions as your Account, and we later credit your Account for all or part
Cash Advances and all POS transactions as purchases. of the disputed amount, you give us all of your rights against
that other person. You also will:
You should keep your PIN secure and not write it down, give it
to anyone, or keep it with your Card. If you lose your Card or (1) g
 ive us any merchandise or other purchases you received
believe that someone has gained unauthorized access to your in connection with the disputed amount if we ask;
PIN, you must contact us immediately. (2) n
 ot pursue any claim or reimbursement from the
merchant and that other person; and
Authorized Users. (3) h
 elp us pursue and get reimbursement from the merchant
You may ask us to add one or more Authorized Users and that other person; your help includes giving us
with additional Cards on your Account. If we agree to documents that we ask for and that are acceptable to us.

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 Interest Charges and Fees. Merchant Refunds.
We will charge Interest Charges and Fees to your Account as If you are entitled to a refund for goods or services purchased
disclosed to you in your Statements and other Truth in Lending with your Card, you will accept these refunds as credits to the
Disclosures. In general, Interest Charges begin to accrue from purchase Segment of your Account. We do not control when a
the day a transaction occurs. However, we will not charge you merchant sends us your refund. We will also have a reasonable
interest on any new balances posted to the purchase Segment amount of time after we receive your refund to process it.
of your Account provided you have paid your previous balance
in full by the due date. Minimum Payment.
We will treat the following Fees as purchase transactions unless Your Statement will provide instructions for making payments,
otherwise specified below. These Fees apply to your Account including the amounts due and the due date for receiving
only if they are provided in your Truth in Lending Disclosures. your payment. If applicable, your Statement will also include a
We may increase your Interest Charges and Fees as described in minimum payment amount. To avoid a late payment Fee, you
the Changes to Your Agreement section or in your Truth in must pay us at least this minimum payment amount by the due
Lending Disclosures. date provided in the Statement. If you have agreed to incur Fees
for going over your credit limit, be aware that paying only the
• Membership Fee. We may charge you this Fee as early as minimum payment amount might not be enough to avoid an
your first Billing Cycle or the first Billing Cycle after this Fee overlimit Fee.
becomes effective. If it is an annual Fee, we may then charge In addition to the minimum payment, you may pay all or part
it approximately once per year. If it is a monthly Fee, we may of the total balances on your Account. However, you must still
charge it once in each Billing Cycle. This Fee is payable in pay at least the minimum payment amount each month, even if
advance even if you do not use your Account. you paid greater than the minimum on the previous Statement.
We will continue to charge Interest Charges during Billing Cycles
• Late Payment Fee. We may charge you this Fee if we do not when you carry a balance regardless of whether your Statement
receive your payment in time for us to credit it by the due date includes a minimum payment that is due. If your Account is 180
shown on your Statement. days past due, part of a bankruptcy proceeding or otherwise
charges off, the entire balance is immediately due and payable.
• Overlimit Fee. If you agree, we may charge you this Fee when
a transaction causes you to go over or remain over any of your Making Payments.
credit limits during any Billing Cycle. We may also charge you Your payments must be in U.S. dollars from a U.S. deposit
two additional Fees if your balance remains over your credit account and otherwise be acceptable to us. We do not accept
limits as of the payment due date in future Billing Cycles. You cash payments through the mail. You may not make payments
will only pay one Fee per Billing Cycle, even if you go over your with funds from your Account or any other credit account with
limit multiple times in the same cycle. us or any other company within the Capital One organization.
• Returned Payment Fee. We may charge you this Fee each time Mailed Payments.
any payment you make to us is not paid by your financial You must mail payments to us at the address provided on your
institution for any reason, even if that institution later pays it. Statement or as otherwise instructed by us or our agents. We
will credit it to your Account on the day we receive it, if:
• Returned Access Check Fee. We may charge you this Fee if we
do not pay an Access Check for any reason, including when (1) y ou send the payment coupon included with your Statement
your Account is in default, overlimit, suspended or closed. in the same envelope with your payment;
• Stop Payment Fee. We may charge you this Fee each time you (2) y ou include your Account number on your payment; and
request us to stop payment on an Access Check or you renew
an existing stop payment order as provided in the Stopping (3) y our payment arrives at the address indicated on the
Payment of Access Checks section. payment coupon in our processing center by the time
indicated on your Statement.
• Copying Fee. We may charge you a per-page Fee for copies of
transaction documents or Statements unless they are required If your due date occurs on a day on which we do not receive
in resolving a billing dispute. payments, any payment received the next day which conforms
to the above requirements will not be treated as late.
• Cash Advance Fee. We may charge you this Fee each time
you obtain a Cash Advance. This Fee will be treated as a Cash Please allow at least 7 days for postal delivery. Unless we or our
Advance transaction. agents specifically instruct you to remit payment in a different
manner, payments received at any other location or in any other
• Transfer Fee. We may charge you this Fee each time you form might not be credited for up to 5 days. This might cause
obtain a Transfer. This Fee will be treated either as a Special you to be charged late payment Fees and additional Interest
Transfer or purchase transaction depending on the Segment in Charges.
which the Transfer posts.
Faster Payment Services.
Transactions Made in Foreign Currencies. We may make services available that allow you to make faster
If you make a transaction in a foreign currency, the Payment payments through a customer service representative using
Card Network will convert it into a U.S. dollar amount. a telephone, the Internet or other payment system. We will
The Payment Card Network will use its currency conversion describe the terms for using these services before you use them.
procedures in effect when it processes the transaction. The You do not have to use these other payment services, and we
conversion rate in effect on the processing date might differ may charge you a Fee for using them. If we do, we will tell
from the rate in effect on the transaction or posting date. We you the amount of the Fee at the time you request the service.
do not currently adjust the currency exchange rate or charge any We are not responsible if a payment made using our payment
additional currency conversion Fees. services is rejected or not paid. Even if it is, we may still keep the
Fee.
No Warranties.
Except as otherwise provided in the “Billing Rights Summary” If you give your Account number or other Account information
part of your Statements, we are not responsible for any claim to someone else to make a payment for you, we may provide
you might have regarding the purchases of goods or services Account information to them and process their payment as if
made with your Card.

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 you made it. We may refuse to accept any payment made by (6)we determine that you made a false, incomplete
someone else for your Account. If we accept a payment made or misleading statement on any of your Account
by someone else for your Account, you will be responsible documentation, or you otherwise tried to defraud us;
for the payment made even if that payment is rejected or not (7) y ou do not comply with any term of this Agreement or
paid. any other agreement with us; or
(8) you permanently reside outside the United States.
Payment Processing.
We may accept and process payments without losing For certain actions, including changing the rates and Fees
any of our rights. Even if we credit your payment to your on your Account, our options appear in our original offer
Account, we may delay the availability of credit until we materials when you opened your Account. Remember, paying
confirm that your payment has cleared. We may resubmit the Fees charged in connection with a default will not by itself
and electronically collect returned payments. We may also cure the default. In addition, if you are in default, we may take
adjust your Account as necessary to correct errors, to process the following actions without notifying you, unless the law says
returned and reversed payments, and to handle similar issues. that we must notify you:

When you provide an Item as payment, you authorize us (1) close or suspend your Account;
either to use information from your Item to make a one time (2) lower your credit limits;
electronic fund transfer from your deposit account or to (3) increase your minimum payment;
process the payment as an Item. We will provide additional (4) d emand that you immediately pay the entire balances
information about this process on your Statement or other owing on your Account (for example, as described in the
documents we send you before your payment. You may Minimum Payment section);
contact us and ask that we not process your future Items in (5) c ontinue to charge you Interest Charges and Fees as long
this way. as your balances remain outstanding; and/or
(6) p ursue any other action against you that the law allows,
When you provide an Item as payment, it might also be which includes the filing of a lawsuit against you.
converted into an electronic image and collected and returned You must pay us all of our collection expenses, attorneys’ fees
electronically. These electronic images may also be converted and court costs unless the law does not allow us to collect
to substitute checks. We will not be responsible if an Item you these amounts.
provide has physical features that when imaged result in it not
being processed as you intended. Communications.
We may contact you from time to time regarding your
How We Apply Your Payments. Account. We may contact you in any manner we choose unless
We apply your minimum payments to lower Annual the law says that we cannot. For example, we may:
Percentage Rate balances before higher ones. We apply
any portion of your payment, in excess of your minimum (1) c ontact you by mail, telephone, email, fax, recorded
payment, to higher Annual Percentage Rate balances before message, text message or personal visit;
lower ones. (2) c ontact you using an automated dialing or similar device
(“Autodialer”);
Items with Restrictive Words, Conditions (3) c ontact you at your home and at your place of
or Instructions. employment;
All Items that have restrictive words, conditions, limitations (4) contact you on your mobile telephone;
or special instructions added (including Items marked (5) c ontact you at any time, including weekends and holidays;
with the words “Paid in Full” or similar language) and all (6) contact you with any frequency;
accompanying communications must be mailed to and (7) leave prerecorded and other messages on your answering
received at: Capital One, P.O. Box 30285, Salt Lake City, machine/service and with others; and
UT 84130-0285. If you make your payment or send any (8) identify ourselves, your relationship with us and our
accompanying communications to any other address, we may purpose for contacting you even if others might hear or
accept and process the payment without losing any of our read it.
rights.
Our contacts with you about your Account are not unsolicited
Credit Balances. and might result from information we obtain from you or
We may reject and return to you any payment that creates a others. We may monitor or record any conversation or other
credit balance on your Account. Any credit balance we allow communication with you. Unless the law says we cannot,
will not be available until we confirm that your payment has we may modify or suppress caller ID and similar services
cleared. We may reduce the amount of any credit balance by and identify ourselves on these services in any manner
any new amounts billed to your Account. You may contact us we choose. When you give us or we obtain your mobile
as provided on your Statement and request a refund of any telephone number, we may contact you at this number using
available credit balance. If you contact us in writing, we will an Autodialer and can also leave prerecorded and other
refund your credit balance within 7 Business Days from our messages. We may do these things whether we contact you
receipt of your written request. or you contact us.

Account Default. If you ask us to discuss your Account with someone else, you
We may consider you in default of your Agreement with us if: must provide us with documents that we ask for and that are
acceptable to us.
(1) you do not make any payment when it is due;
(2) any payment you make is rejected, not paid or cannot be Credit Reports.
processed; We may provide information about you and the Account to
(3) you exceed a credit limit; consumer (credit) reporting agencies and others as provided
(4) a bankruptcy or other insolvency proceeding is filed by or in our Privacy Notices. Information we provide might appear
against you; on your and the Authorize Users’ credit reports. This could
(5) you die or are legally declared incompetent or include negative information if you do not comply with the
incapacitated; terms of this Agreement. We may obtain and use credit

CA005_CAA_Fed_Format_Oct2010.indd 6 10/19/10 1:39:07 PM

 and income information about you from consumer (credit) period for all provisions and purposes under this Agreement
reporting agencies and others as the law allows. (including the right to collect debt) will be the longer period
provided by Virginia or the jurisdiction where you live. If any
Closing or Suspending Your Account. part of this Agreement is found to be unenforceable, the
You may ask us to close your Account by calling or writing us remaining parts will remain in effect.
as described on your Statement. Your Statement will provide
additional information about this process, and we may also Waiver.
separately provide you with additional details after your We will not lose any of our rights if we delay taking any
request. This might include payment information. If you use action for any reason or if we do not notify you. For example,
your Card or charges post to your Account after you ask us to we may waive your Interest Charges or Fees without notifying
close it, we may keep it open or reopen it. you and without losing our right to charge them in the
future. We may always enforce our rights later and may take
We may close or suspend your Account and your right to other actions not listed in this Agreement if the law allows
obtain credit from us. We may do this at any time and for them. You do not have to receive notice from us of any
any reason, permitted by law, even if you are not in default. waiver, delay, demand or dishonor. We may proceed against
A suspension of your Account might be permanent or you before proceeding against someone else.
temporary.
Assignment.
If your Account is closed or suspended for any reason, you This Agreement will be binding on, and benefit, any of your
must stop using your Card. You must also cancel all billing and our successors and assigns.
arrangements to the Account. We will not do this for you.
If we close or permanently suspend your Account, you must You may not transfer your Account or your Agreement to
also destroy all Cards. You must still pay us all amounts you someone else without our written permission.
owe on the Account, even if they are charged after your
Account is closed or suspended. We may transfer your Account and this Agreement to
another company or person without your permission and
Lost or Stolen Card. without prior notice to you. They will take our place under
You will take reasonable steps to prevent the unauthorized this Agreement. You must pay them and perform all of your
use of your Card and Account. If your Card is lost or obligations to them and not us. If you pay us after you are
stolen or if someone else might be using it without your informed or learn that we have transferred your Account or
permission, you must tell us at once. You may tell us by this Agreement, we can handle your payment in any way
calling the telephone number on the back of your Card or we think is reasonable. This includes returning the payment
on your Statement or by writing us at the address on your to you or forwarding the payment to the other company or
Statement. You will not be responsible for charges made to person.
your Account that are found by us to be unauthorized. If
we reimburse your Account for unauthorized charges made Glossary.
using your Card, you will help us investigate, pursue and •“Access Check” means any check we send to you to access
get reimbursement from the wrongdoer. Your help includes your Account. We may also refer to an Access Check as a
giving us documents that we ask for and that are acceptable “convenience check” or a “purchase check.”
to us.
•“Account” means your Card Account with us.
Changes to Your Agreement.
At any time, we may add, delete or change any term of this •“Authorized User” means one or more persons who may
Agreement unless the law prohibits us from doing so. We will use the Card but is not responsible for the repayment of the
give you notice of any changes as required by law. If we do Account.
notify you of changes, we will send you a separate notice or
inform you on your Statement. We may send this notice to •“Balance Transfer” means a Transfer posted to the
you electronically as permitted by law. Our notice will tell you purchase Segment of your Account unless otherwise
when and how the changes will take effect and describe any described in your Truth in Lending Disclosures.
rights you have in connection with the changes.
•“Billing Cycle” means a period of time that might vary
Your variable Annual Percentage Rates (if applicable) can go in length but is approximately 30 days. The specific period
up or down as the index for the rate goes up or down. If we of time is described on each Statement. However, you will
increase your Interest Charges for any other reason we will have a Billing Cycle even if a Statement is not required.
notify you in writing. If we increase your Fees or other terms We will often specify a Billing Cycle by the month in which
of your Account we will notify you in writing and inform you its closing date occurs as provided on the Statement. For
of your options in advance, including the right to opt out of example, a “March Billing Cycle” will have a closing date
some of these changes. in March. We may also refer to a Billing Cycle as a “Billing
Period.” If your Account balance has charged off, we may
We may increase your Interest Charges for new transactions switch to quarterly Billing Cycles to your Account.
and your Fees after the first year of the Account. Also, if your
payment is not received within 60 days after the payment •“Business Day” means any day in which Capital One’s
due date, we may increase your Interest Charges and Fees for offices are open for the processing of payments and credits.
existing balances and new transactions at any time. We may
change any other terms of your Account at any time. •“Card” means any Capital One credit Card associated with your
Account, which includes all renewals and substitutions. It also
The Law that Applies to Your Agreement. means any other access device for your Account we give you
We make decisions to grant credit and issue you a Card from that allows you to obtain credit, including any Account number
our offices in Virginia. This Agreement will be interpreted using and any Access Check.
Virginia law. Federal law will be used when it applies.
You waive any applicable statute of limitations as the law •“Cash Advance” means using the Card to obtain loans
allows. Otherwise, the applicable statute of limitations in cash or things we consider cash equivalents. Cash

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 equivalents include wire transfers, travelers’ checks, money
orders, foreign currency, lottery tickets, gaming chips and
wagers. Cash Advances are posted to the Cash Advance
Segment of your Account and not to your purchase
Segment.

•“Fees” means charges imposed on your Account that are

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 Visa Inc., MasterCard

International Incorporated, or any other network provider
displayed on the Card.

•“Segments” means the different parts of your Account

we may establish that are subject to unique pricing, grace
periods or other terms. We create these parts of your
Account for such things as your purchases, Cash Advances
and Special Transfers.
•“Special Transfer” means a Transfer posted to the Special
Transfer Segment of your Account and not to your purchase
Segment.

•“Statement” means a document or information we

provide to you showing Account information including,
among other things, transactions made to your Account
during a Billing Cycle. We might also refer to your Statement
as a “Periodic Statement” or a “Billing Statement.”

•“Transfers” means balances transferred from other

Accounts to this Account and includes Balance Transfers and
Special Transfers.

•“Truth in Lending Disclosures” means any Account

information we provide to you that is required by the
federal Truth in Lending Act and Regulation Z. These include
your application and solicitation disclosures, Account
opening disclosures, subsequent disclosures, Statements
and change in terms notices.

© 2010 Capital One

Capital One is a federally registered service mark.
All rights reserved.

005

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