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transactions made without presenting your actual Card(such as for mail, telephone, Internet, or mobile devicepurchases) the same as if you used the Card in person. Ifyou let someone else use your Card, you are responsiblefor all transactions that person makes.Account only if your Truth-in-Lending Disclosures providefor them. We may increase your Interest Charges and Feesas described in the Changes to Your Agreement sectionor in your Truth-in-Lending Disclosures.Late Payment FeeStatementsWe may charge you this Fee if we do not receive yourpayment as instructed on your Statement by the paymentdue date.We will generally send or make available to you oneStatement on your Account at the end of each Billing Cycle.Under certain circumstances, the law may not require us tosend or make available to you a Statement, or may prohibitus from doing so.Returned Payment FeeWe may charge you this Fee each time your financialinstitution for any reason rejects a payment you make to us.Disputed TransactionsYou must inspect each Statement you receive. Tell us aboutany errors or questions you have, as described in the “BillingRights Summary” on your Statement and other Truth-inLending Disclosures. If you do not notify us of an error, wewill assume that all information on the Statement is correct.Minimum PaymentIf we credit your Account for all or part of a disputedtransaction, you give us all of your rights against othersregarding that transaction. You will also:(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 forus to consider it received as of that date.You must pay us at least the minimum payment due by thepayment due date. The minimum payment for your Accountincludes the minimum payment due on each Credit Plan.Your Statement will tell you:(1) give us any information about the disputed transaction,if we ask;(2) not pursue any claim or reimbursement of thetransaction amount from the merchant or any otherperson; and(3) help us get reimbursement from others.Returns and other credits to your Account will reduce yourAccount balance, but they will not change your minimumpayment amount.In addition to the minimum payment, you may pay all orpart of the total balance on your Account. But, you muststill pay at least the minimum payment amount each month,even if you paid more than the minimum payment due onthe previous Statement. We will continue to charge InterestCharges during Billing Cycles when you carry a balanceregardless of whether your Statement includes a minimumpayment that is due. If your Account is 180 days past due,is part of a bankruptcy proceeding or is otherwise chargedoff, the total balance is immediately due and payable.No WarrantiesWe are not responsible for any claim you may haveregarding the purchase of goods or services made withyour Card beyond your rights described in the “BillingRights Summary” on your Statement.Lost or Stolen CardIf your Card is lost or stolen or if you think someone elsemay be using your Card or Account number withoutyour permission, you must contact Customer Serviceimmediately. You will not be responsible for transactions onyour Account that we find are unauthorized.Making PaymentsYour payment must be made in U.S. dollars from a U.S.deposit account in a form acceptable to us. We do notaccept cash payments through the mail. You may not makepayments with funds from your Account or any other creditaccount with us or any other company in the Capital Oneorganization. You must send mailed payments to us asinstructed on your Statement, unless we tell you otherwise.If we reimburse you for unauthorized transactions, you willhelp us investigate, pursue and get reimbursement fromthe wrongdoer. Your help includes giving us documents in aform that we request.Interest Charges and FeesOther Payment ServicesWe will charge Interest Charges and Fees to your Accountas disclosed on your Statement and other Truth-in-LendingDisclosures. In general, Interest Charges begin to accruefrom the date of a purchase. However, we will not chargeyou interest on any new purchases posted to your Accountif you paid the total balance of your Account in full by thedue date on your Statement each month.We may make services available that allow you to makefaster or recurring payments online or by telephone. Wewill describe the terms for using these services and anyapplicable Fee before you use them. You do not have touse these other payment services.We are not responsible if your financial institution rejects apayment made using our payment services.If you have a Waived Interest Charge or Reduced RateCredit Plan balance and the promotional period does notexpire before your payment due date, we will exclude thatpromotional plan balance from the amount you must pay infull to avoid Interest Charges. However, you must still makeany required payment on that excluded promotional balance.If you ask someone else to make a payment for you, wemay provide that person with limited Account informationnecessary to set up and process that payment. We mayalso refuse to accept that payment. If we do accept it, youwill be responsible for that payment even if a financialinstitution rejects it.We will generally treat Fees as purchase transactionsunless otherwise specified below. These Fees apply to your2

Payment Processing(1) you do not make any payment when it is due;(2) any payment you make is rejected, not paid or cannotbe processed;(3) you file or become the subject of a bankruptcy orinsolvency 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 ormisleading statement to us, or you otherwise tried todefraud us; or(6) you do not comply with any term of this Agreement orany other agreement with us.We may accept and process payments without losing anyof our rights. We may delay the availability of credit until weconfirm that your payment has cleared. This may happeneven if we credit your payment to your Account. We mayresubmit and collect returned payments electronically. Ifnecessary, we may adjust your Account to correct errors,process returned and reversed payments, and handlesimilar issues.When you send us an Item as payment, you authorizeus to make a one-time electronic fund transfer from yourdeposit account. You also authorize us to process thepayment as an Item. We may withdraw the funds fromyour deposit account as early as the same day we receiveyour payment. You will not receive your Item back fromyour bank. We will provide additional information about thisprocess on your Statement.If you are in default, we may take certain actions withrespect to your Account. For example, depending on thedefault, we may take the following actions, without notifyingyou, unless the law says that we must give you notice:(1) charge you Fees, or change the APRs and Fees onyour Account, if provided in your Truth-in-LendingDisclosures;(2) close or suspend your Account;(3) demand that you immediately pay the total balanceowing on your Account;(4) continue to charge you Interest Charges and Fees aslong as your balance remains outstanding; and/or(5) file a lawsuit against you, or pursue another action thatis not prohibited by law. If we file a lawsuit, you agree topay our court costs, expenses and attorney fees, unlessthe law does not allow us to collect these amounts.We may use the information from an Item to create anelectronic image. We may collect and return the imageelectronically. This electronic image may also be convertedto a substitute check and may be processed in the sameway we would process an Item. We will not be responsibleif an Item you provide has physical features that whenimaged result in it not being processed as you intended.How We Apply Your PaymentsIn each Billing Cycle, we generally apply payments up toyour minimum payment amount to satisfy the minimumpayment due on each Credit Plan, first to the lowest APRCredit Plan balance and then to higher APR Credit Planbalances. We apply any part of your payment exceedingyour minimum payment to the balance with the highestAPR, and then to balances with lower APRs. We do thisbased on the APRs in effect and balances owed on the dayyour preceding Billing Cycle ended.CommunicationsYou agree that we may communicate with you by mail,telephone, email, fax, prerecorded message, automatedvoice, text message or other means allowed by lawregarding your Account.You agree that we may contact you at any telephonenumber (including a mobile telephone number that youprovide us), and use an automated telephone dialingsystem or similar device to do so. You agree that we maymonitor or record any conversation or other communicationwith you.Items with Restrictive Words, Conditions,or InstructionsYou must mail all Items bearing restrictive words,conditions, limitations, or special instructions to:Capital OnePO Box 1330Charlotte, NC 28201-1330Credit ReportsWe may report information about your Account to creditbureaus and others. Late payments, missed payments, orother defaults on your Account may be reflected in yourcredit report. Information we provide may appear on yourand the Authorized Users’ credit reports.This includes Items marked “Paid in Full” or similarlanguage. This also includes all accompanyingcommunications.If you make such a payment or send any accompanyingcommunications to any other address, we may reject itand return it to you. We may also accept it and process itwithout losing any of our rights.If you believe that we have reported inaccurate informationabout your Account to a credit bureau or other consumerreporting agency, notify us in writing at PO Box 729080,Dallas, TX 75372-9080. When you write, tell us the specificinformation that you believe is incorrect and why youbelieve it is incorrect.Credit BalancesWe may reject and return any payment that creates or addsto a credit balance on your Account. Any credit balancewe allow will not be available until we confirm that yourpayment has cleared. We may reduce the amount of anycredit balance by any new charges. You may write to theaddress provided on your Statement or call CustomerService to request a refund of any available credit balance.We may obtain and use credit, income and otherinformation about you from credit bureaus and others asthe law allows.Closing or Suspending Your AccountYou may contact Customer Service to ask us to closeyour Account.Account DefaultWe may close or suspend your Account at any time and forany reason permitted by law, even if you are not in default.You will be in default if:3

GlossaryIf we close or suspend your Account for any reason,you must stop using your Card. You must also cancel allbilling arrangements set up on the Account. If we close orpermanently suspend your Account, you must return ordestroy all Cards. You must still pay us all amounts youowe on the Account. “Account” means your Card Account with us. “Authorized User” means a person who may usethe Card but is not responsible for the repayment ofthe Account. “Billing Cycle” means the period of time reflectedon a Statement. This period may vary in length, but isapproximately 30 days. You will have a Billing Cycle evenif a Statement is not required. We will often specify aBilling Cycle by the month in which its closing date occurs.For example, a “March Billing Cycle” will have a closingdate 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.Changes to Your AgreementAt any time, we may add, delete or change any term ofthis 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 aseparate notice. Our notice will tell you when and how thechanges will take effect. The notice will describe any rightsyou have in connection with the changes.Your variable APRs (if applicable) can go up or down as theindex for the rate goes up or down. If we increase your APRsfor any other reason, or if we change your Fees or otherterms of your Account, we will notify you as required by law. “Card” means the Neiman Marcus or Bergdorf Goodmancredit card issued by Capital One associated with yourAccount. This includes all renewals and substitutions. Italso means any other access device for your Account wegive you that allows you to obtain credit, including anyAccount number.The Law That Applies to Your AgreementWe make decisions to grant credit and issue you a Cardfrom our offices in Virginia. This Agreement is governedby applicable federal law and by Virginia law. If any part ofthis Agreement is unenforceable, the remaining parts willremain in effect. “Credit Plans” mean the different parts of your Accountwe may establish that are subject to unique APRs, pricingor other terms. The sum of your Credit Plan balancesequals your total Account balance. “Fees” mean charges imposed on your Account notbased on the Annual Percentage Rates.WaiverWe will not lose any of our rights if we delay or choose notto take any action for any reason. We may waive our rightwithout notifying you. For example, we may waive yourInterest Charges or Fees without notifying you and withoutlosing our right to charge them in the future. “Interest Charges” mean any charges to your Accountbased on the application of Annual Percentage Rates. “Item” means a check, draft, money order or othernegotiable instrument you use to pay your Account. Thisincludes any image of these instruments. This does notinclude an Access Check.AssignmentThis Agreement will be binding on, and benefit, any of yourand our successors and assigns. You may not sell, assignor transfer your Account or this Agreement to someone elsewithout our written permission. “Statement” means a document showing importantAccount information, including all transactions billed toyour Account during a Billing Cycle and information aboutwhat you must pay. We may also refer to your Statementas a “Periodic Statement” or a “Billing Statement”.We may sell, assign or transfer your Account and thisAgreement without your permission and without prior noticeto you. Any assignee or assignees will take our place underthis Agreement. You must pay them and perform all ofyour obligations to them and not us. If you pay us after wenotify you that we have transferred your Account or thisAgreement, we can return the payment to you, forward thepayment to the assignee, or handle it in another way thatis reasonable. “Truth-in-Lending Disclosures” means disclosuresthat the federal Truth in Lending Act and Regulation Zrequire for any Account. This includes your applicationand solicitation disclosures, Account opening disclosures,subsequent disclosures, Statements, and change interms notices. 2015 Capital OneCapital One is a federally registered service mark.BR262478M-1111824

Credit Card Agreement for Neiman Marcus/Bergdorf Goodman Cards in Capital One, N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information. and the . Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts