PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE TERMS OF USE INCLUDE AN AGREEMENT TO ARBITRATE CLAIMS AND LIMITATIONS ON CLASS ACTIONS (SECTION 13). BY ACCESSING OR USING THE SITE AND ANY PAGES WITHIN, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE, OR ANY PAGES WITHIN.
1. Terms of Use for All Information and Services on the Site
The following terms and conditions ("Terms of Use") govern your use of the Site. By accessing, viewing, or using any material or content on the Site, you agree that you understand and intend these Terms of Use to be the legal equivalent of a signed, written legal contract between you and OneMain, and equally binding, and that you accept such Terms of Use and agree to be legally bound by them WITHOUT LIMITATION OR QUALIFICATION.
If you do not agree with each of the Terms of Use specified herein, you are not granted permission to use the Site and must exit the Site immediately.
"Site" means all websites including https://www.onemainfinancial.com, https://www.brightway.onemainfinancial.com, and https://asktrim.com, all pages therein, all related mobile applications, and all interactive features, widgets, plug-ins, content, downloads and other electronic services maintained by any of the OneMain or OneMain Financial family of companies.
The terms "we," "us," "our," or "OneMain" mean and include any and all entities in the OneMain and OneMain Financial family of companies. OneMain affiliates include OneMain Financial Group, LLC, OneMain Consumer Loan, Inc., OneMain Alliance, LLC, OneMain Trim, LLC (f/k/a Ask Benjamin LLC), American Health and Life Insurance Company, Triton Insurance Company, and numerous companies with the OneMain or Springleaf names.
The term "you" refers to you as an individual person and, if you are accessing the Site as an employee or representative of any other person or entity, that person or entity.
2. Important Information about Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
3. We Are Not Responsible for Links to Content Provided by Others
LINKS TO OTHER INTERNET WEBSITES OWNED OR OPERATED BY THIRD PARTIES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR IT.
The Site may, from time to time, contain links to other sites such as banner advertisements or hyperlinks which we do not own or control, but which we provide for your convenience. If you visit a link to another website, you do so at your own risk subject to the conditions of use set by that website. We reserve the right to terminate a link to another website at any time. The fact that we provide a link to a website does not mean we endorse, authorize or sponsor that site, or that we are affiliated with the site's owners or sponsors.
You may not link to the Site without our written permission. If you wish to link to the Site, please contact us using the Contact and Notification Information in Section 27 of these Terms of Use.
4. Our Proprietary Rights and Your Restricted Use
The Site's content, including but not limited to all music, images, videos, icons, text, software, logos, expressions and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the Site's content is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes. You are not authorized to post on or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Any commercial use of the Site or its content beyond the specific use licensed herein or by written authorization from us is prohibited. You may print a copy of the information contained on the Site only for your personal use subject to the following: (i) you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server without the prior written permission of OneMain; (ii) you may not modify the content or make derivative works therefrom; and (iii) on any and all copies you make of the information you must retain all copyright, trademark, service mark and other proprietary notices contained in the original information. The right given in this paragraph may be revoked at any time.
5. We Do Not Allow You to Use Trademarks, Service Marks, Tradenames and Logos Used and Displayed on the Site
The trademarks, service marks, tradenames and logos ("Marks") used and displayed on the Site are registered and unregistered Marks owned by OneMain. Certain trademarks, service marks and names ("TP Marks") used on the Site are the property of third parties. Other than as specified in the preceding section, and notwithstanding any other information on the Site, you are not allowed to use any Mark or TP Mark, by implication, estoppel, or otherwise, and you are not granted any license or right to use any Mark or TP Mark without our prior written permission. No Mark may be used in any way, including in hyperlinks, advertising or publicity pertaining to distribution of materials on the Site, without our prior written permission.
6. Consent to Credit Score Updates
If you create an online account to manage your OneMain loan or credit card, you consent to receive updates on any third-party credit score OneMain obtains during the course of servicing or collecting your loan or credit card. Such third-party credit score may be displayed within your password-protected online account.
7. Our Liability Is Limited
Although we try to provide accurate and timely information on the Site, there may be inadvertent, technical or factual inaccuracies and typographical errors. Furthermore, there are certain aspects of web usage, electronic mail, your computer and your link to the Internet which we cannot control. We therefore make no representation or warranty that the operation of the Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors or loss. For these reasons we cannot warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items on the Site or the privacy of responses to you by electronic mail.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION PROVIDED ON THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS INTENDED TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS, OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING ELECTRONIC MAIL FROM YOU; EVEN IF ONEMAIN OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
THE SITE AND ALL CONTENT DISPLAYED ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY COMPUTER VIRUS OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS INTENDED TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE, THE WEB OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMATES, VIDEO, OR AUDIO FROM THE SITE OR THE WEB.
WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
8. Indemnification
You agree to indemnify and hold harmless OneMain from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by OneMain in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. OneMain reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of OneMain. You further agree to indemnify and hold harmless OneMain from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
9. Information, Products and Services Offered Are Subject to Our Acceptance
Information on the Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use is not authorized or licensed, or where any content displayed on or transaction offered through the Site is unlawful. You use the Site on your own initiative and are responsible for compliance with local laws.
The Site may provide general information about OneMain and the products and services offered by OneMain. Information on publicly-accessible pages of the Site (prior to authentication of your identity) does not constitute an offer to sell or a solicitation of any particular product or service. Some products and services may not be available in all states, and no product or service is available outside the United States. Your eligibility for particular products and services is subject to final determination, restrictions and acceptance by OneMain.
OneMain may discontinue or make changes to the information, products, licenses, or services described herein at any time. Any dated information is published as of its publication date only. OneMain does not undertake any obligation or responsibility to update or amend any such information. OneMain reserves the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products or services through the Site, no solicitation is made by OneMain to any person to use such information, products or services in jurisdictions where the provision of information, products or services is prohibited by law.
10. We Do Not Provide Investment Advice or Solicit Offers to Purchase Our Securities on the Site
OneMain Holdings, Inc. is a public company. However, we do not solicit offers to purchase securities on the Site. The information displayed on this Site does not constitute investment advice or an offer or a solicitation for the purchase or sale of any securities or investment product. The Site may contain information and press releases about OneMain, and although this information was believed to be accurate as of the date prepared, OneMain disclaims any duty or obligation to update such information.
If any information is construed to be an offer for the purchase and sale of securities, please consult the appropriate prospectus and other registration documents filed with the Securities and Exchange Commission ("SEC"). To the extent any information on the Site is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, and specifically the Private Securities Litigation Reform Act of 1995, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein. You can identify "forward looking" statements by the fact that they do not relate strictly to historical or current facts. They may use such language as "anticipate," "expect," "estimate," "project," "intend," "plan," "believe" or other similar language. Any "forward looking" statement on the Site or in other information may turn out to be incorrect. Such statements may be affected by inaccurate assumptions or by unknown risks and uncertainties. Therefore, actual results may vary materially and there are no guarantees about any security. We do not undertake any obligation to revise any "forward looking" statement to reflect changes in events, circumstances or expectations.
If you desire to purchase a security of any kind we recommend that you contact a qualified stockbroker or financial advisor.
Do not rely on any stock price information that may be displayed on the Site. While we believe that any such information is accurate, we cannot guarantee or warrant the accuracy, completeness, or timeliness of the information. More specifically, you should not rely on any stock price information that may be displayed on the Site for specific investment transactions. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, THAT MAY ARISE FROM RELIANCE ON ANY STOCK PRICE INFORMATION THAT MAY BE DISPLAYED ON THE SITE.
11. No Client, Fiduciary or Professional Relationship Is Established by Providing Information on the Site
YOU AGREE THAT NO CLIENT, ADVISORY, FIDUCIARY OR PROFESSIONAL RELATIONSHIP IS CREATED, IMPLIED OR ESTABLISHED BETWEEN YOU AND ONEMAIN AND THAT YOU AGREE AND UNDERSTAND THAT NO PERSON OR ENTITY IS, IN CONNECTION WITH THE SITE, ENGAGED IN RENDERING AUDITING, ACCOUNTING, INVESTMENT, SECURITIES, TAX, LEGAL ADVICE OR CONSULTING OPINIONS AND THAT YOU WILL CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR OPINIONS AND ADVICE RELATING TO THE SPECIFIC FACTS, LAWS AND ROLES WHICH MAY APPLY IN YOUR SPECIFIC CASE.
12. Governing Law
These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its law regarding conflicts of law.
13. Arbitration and Disputes
Description of Arbitration. Arbitration is a method of resolving claims and disputes between parties that is more informal than a lawsuit in court. In arbitration, both sides present their case to a neutral third person—the arbitrator—instead of a judge or jury. Arbitration allows for more limited discovery than in court, and an arbitrator’s rulings are subject to limited review by courts. Arbitration takes place on an individual basis; class proceedings are not permitted. UNDER THIS ARBITRATION PROVISION, BOTH YOU AND ONEMAIN ARE VOLUNTARILY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY LAW.
A. Claims and Disputes Covered. Except as specified in this Section 13, you and OneMain agree that either party may elect arbitration of any Covered Claim. The term “Covered Claim” is intended to be broadly interpreted and includes the following claims or disputes, whether based in contract, tort, statute, equity, or any other legal theory:
- claims arising out of or relating to ANY ASPECT OF THE RELATIONSHIP between you and OneMain, including, but not limited to, these Terms of Use; the Site; any loan, credit card, line of credit or retail credit agreement (a “Credit Contract”) issued by or assigned to OneMain; any request to be prequalified for or any application for a Credit Contract through OneMain; any previous Credit Contract from or assigned to OneMain; or any services, rewards, tools or educational materials offered or made available through the Site;
- claims arising out of or relating to any documents, disclosures, advertising, or actions or omissions, including any allegation of fraud or misrepresentation, relating to any Credit Contract made by or assigned to OneMain or to any other of OneMain’s products or services;
- claims arising out of or relating to negotiations, performance, or breach of any Credit Contract made by or assigned to OneMain;
- claims arising out of or relating to the closing, servicing, collecting, or enforceability of any transaction involving OneMain or you;
- claims arising out of or relating to any insurance product, service contract, membership plan, or warranty purchased in connection with any Credit Contract made by or assigned to OneMain;
- claims arising out of or relating to communications by or on behalf of OneMain, including claims under the Telephone Consumer Protection Act, do-not-call regulations, or similar laws or any other claim involving emails, faxes, text messages, or calls placed using automated technology or an artificial or prerecorded voice, including communications relating to offers of unrelated products or services; and
- claims arising out of or relating to the collection, retention, protection, use, disclosure, or transfer of any information about you or your accounts for any of OneMain’s products or services.
A Covered Claim is subject to arbitration regardless of when it arose, whether it is before the date of this or any prior contract between OneMain and me (such as claims relating to advertising or disclosures or claims involving predecessors), or whether the claim arises after the termination of these Terms of Use. This arbitration provision shall survive the termination of any Credit Contract between OneMain and you. In the event of a conflict between this arbitration provision and one in any Credit Contract between OneMain and you that you entered into before accepting these Terms of Use, this arbitration provision shall govern. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
B. Covered Claims by or against Third Parties. This arbitration provision also covers claims brought by or against your and OneMain’s Third Parties. Your Third Parties consist of any co-owners of your accounts, any authorized or unauthorized users or beneficiaries of your accounts or loans, and each of those person’s assignees, heirs, trustees, agents, or other representatives. OneMain’s Third Parties consist of its employees, officers, agents, or directors; its corporate affiliates; any entities which provided insurance in connection with this or any previous transactions between you and OneMain; any third parties that assigned Credit Contracts or other agreements to OneMain; any third party that provides you any product or service which you purchased with the assistance or involvement of OneMain; any third party that participates in efforts to collect a debt owed under or to repossess collateral pursuant to any Credit Contract issued by or assigned to OneMain; any other third party providing services to or contracting with OneMain or any of OneMain’s Third Parties; and any of the employees, officers, agents, directors, affiliates, predecessors, successors, or assigns of such third parties. Affiliate corporations are OneMain’s past, present, and future parent corporations, subsidiary corporations, and sister corporations, including each of those corporations predecessors, successors, and assignees.
C. Matters Not Covered by Arbitration. All claims for damages must be arbitrated, but you agree that OneMain does not have to initiate arbitration before exercising lawful self-help remedies or judicial remedies of garnishment, repossession, replevin or foreclosure, but instead may proceed in court for those judicial remedies. You may assert in court any defenses you may have to OneMain’s claims in such a lawsuit, but any claim or counterclaim for rescission or damages you may have arising out of, relating to, or in connection with OneMain’s exercise of those remedies must be arbitrated. In addition, instead of pursuing arbitration, either you or OneMain also have the option to bring an individual lawsuit in small claims or equivalent court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated. Neither you nor OneMain shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or judicial remedies of garnishment, repossession, replevin or foreclosure or previously filing different claims in small claims court. In addition, disputes over whether a claim or dispute can or must be arbitrated, including disputes over the validity and enforceability of this arbitration provision or whether Subsections E, J, or L of this arbitration provision have been violated, are for a court to decide. Nothing in this arbitration provision precludes you from bringing issues to the attention of Federal, state, or local agencies or law enforcement. Such agencies can, if the law allows, seek relief against OneMain on your behalf.
D. Pre-Arbitration Notice of Dispute and Informal Resolution. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute (“Notice”). The Notice to OneMain may be sent by U.S. mail or professional courier service addressed to OneMain, P.O. Box 3662 Evansville, IN 47735-3662 (“Notice Address”). The Notice to you may be sent to the address on file with your account. The Notice to OneMain must include all of the following information: (a) your name; (b) your account number; (c) a description of the nature and basis of the claim or dispute; (d) an explanation of the specific relief sought and the basis for the calculations; (e) the signature of the party sending the Notice; and (f) if you have retained an attorney, your signed statement authorizing OneMain to disclose your confidential account records to your attorney if necessary in resolving your claim.
After the Notice containing all of the information required above is received, within 60 days either party may request a conference to discuss informal resolution of the dispute (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and a OneMain representative must both personally participate in a good-faith effort to resolve the dispute informally without the need to proceed with arbitration. Any counsel representing you or OneMain also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and OneMain agree in writing.
ANY APPLICABLE STATUTE OF LIMITATIONS WILL BE TOLLED FOR THE CLAIMS AND RELIEF SET FORTH IN A NOTICE during the period between the date that a Notice is received by the other party and the later of (i) 60 days after receipt of the Notice; or (ii) if an Informal Settlement Conference is timely requested, seven days after the request is withdrawn or the Informal Settlement Conference is completed (the “Informal Resolution Period”).
E. Commencing Arbitration. An arbitration proceeding may be commenced by filing a demand for arbitration with the American Arbitration Association (“AAA”) only if OneMain and you do not reach an agreement to resolve the claim during the Informal Resolution Period. (If your Notice is part of a mass arbitration, Subsection J contains additional requirements for commencing arbitration.) A court will have authority to enforce this Subsection E, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and Informal Settlement Conference requirements of Subsection D.
F. Arbitration Forum and Rules. The arbitration will be conducted under the Consumer Arbitration Rules (“AAA Rules”) of the AAA in effect at the time arbitration is started, as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is not available or unwilling to administer arbitrations consistent with this arbitration provision or you object to the AAA for good cause, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available online at https://www.adr.org/consumer or by writing to the Notice Address.
G. Selection of Arbitrator. The AAA maintains lists of approved arbitrators. The AAA will provide you and OneMain a list of seven possible arbitrators. You and OneMain will each have an opportunity to strike three persons from that list. You will make the first strike, and OneMain and you will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator. The arbitrator must be a lawyer with at least 10 years’ experience or a retired judge.
H. Costs of Arbitration. The AAA charges certain fees in connection with arbitration proceedings. You may have to bear some of these fees; however, if you are not able to pay your share of those fees or think they are too high, OneMain will consider any reasonable request to bear those fees, so long as you have fully complied with the requirements of Subsections D, E, J, and L for any arbitration you initiate. OneMain will also bear any costs it is required to bear by law or by the terms of any other agreement with you.
I. Conduct of Proceedings. All issues are for the arbitrator to decide, except as specified in this arbitration provision. In resolving the parties’ claims, the arbitrator shall apply all applicable substantive law and honor all privileges (such as the attorney-client privilege and attorney work product doctrine) recognized in law. The arbitrator may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claims. Except as specified in Subsection L below, the arbitrator can award the same damages and relief that a court can award under applicable law. During the arbitration, the amount of any settlement offer made to or by you shall not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you are entitled. If you had fully complied with the Notice and Informal Settlement Conference requirements, did not disclose the amount of any settlement offers during the arbitration, and the arbitrator awards you more than was offered in the last written settlement offer to you before the arbitrator was selected, your recovery shall be $1,000 in lieu of any smaller award (the "Minimum Recovery"). In determining if an award is greater than the value of the last written settlement offer, the calculation should not include amounts offered or awarded for attorneys' fees and expenses. The arbitrator may resolve disputes and make rulings as to eligibility for and payment of the Minimum Recovery upon request from either party made within 14 days of the arbitrator's ruling on the merits.
J. Mass Filings. If 25 or more claimants submit Notices or file arbitrations raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth in Subsection D. You agree to this process even though the arbitration of your claim might be delayed. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, nor demand payment for AAA fees for arbitrations commenced in violation of this Subsection J. After the first stage of bellwether proceedings is complete, the parties shall engage in a single mediation of all remaining cases, and OneMain will pay the mediation fee. If the parties are unable to resolve the remaining cases, the process of filing up to 20 cases in arbitration to be resolved individually by different arbitrators, followed by mediation, will be repeated. If any cases remain, the process will be repeated until all claims are resolved, except that the total number of cases filed in arbitration each round shall increase to 50, and mediation is optional at the agreement of both sides. If these mass filing procedures apply to a claimant’s Notice of Dispute, the Informal Resolution Period applicable to the claims and relief set forth in that Notice will be extended until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Subsection J and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees. If, after exhaustion of all appeals, a court determines that the process in this Subsection J of staging the filing of cases in arbitration is unenforceable, then this Subsection J shall be severed and the cases may be filed in arbitration, but the Minimum Recovery in Subsection I will be unavailable.
K. Enforcement and Appeal of Decision. The decision and judgment of the arbitrator shall be final, binding and enforceable in any court having jurisdiction over the parties and the dispute; however, for Covered Claims seeking or resulting in an award of $100,000 or more (including costs and attorneys’ fees), any party may appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the AAA. That panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The decision of the panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings, decision and award shall be subject to judicial review on the grounds set forth in the Federal Arbitration Act.
L. Requirement of Individual Arbitration. The arbitration may award relief (including, but not limited to, damages, restitution, and declaratory and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND ONEMAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS BOTH YOU AND ONEMAIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
M. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, you and OneMain agree that if OneMain makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending OneMain written notice with 30 days of the change to the Notice Address. This is not a rejection of arbitration altogether. By rejecting any future change, you are agreeing that we will arbitrate any Covered Claim in accordance with this version of the arbitration provision.
14. Failure to Exercise Rights Does Not Constitute Waiver
No failure, omission or delay on the part of OneMain in exercising any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.
15. You Agree to Changes and Amendments by Posting on the Site
OneMain reserves the right to change these Terms of Use or any Site content or functionality at any time without notice and in our sole discretion, by posting a change notice or new Terms of Use on our Site. Any change to these Terms of Use shall be effective as to you or any user who uses the Site without notice, by posting of the Terms of Use as changed on the Site, with or without notice of any specific changes. You agree that you will comply with these Terms of Use as they may be modified from time to time by OneMain by checking for modifications on the Site, whether or not you have received notice of any changes. If any modifications of these Terms of Use are unacceptable to you, your only recourse is to terminate use of the Site immediately. Your continued use of the Site will constitute binding acceptance of any modification. Any inconsistent terms between these Terms of Use and any subsequent modifications or Terms of Use posted on the Site shall be controlled according to the latest posting.
16. No Use of Site by Minors
No person under the age of 18 may use the Site. We do not knowingly solicit business by minors or children and request that any person under the age of 18 have their parent or responsible adult contact us. If you are under age 18 please leave the Site immediately. You agree to report all information you have about any person under 18 who uses the Site to us immediately using the Contact and Notification Information in Section 27 of these Terms of Use.
17. Confidentiality of Internet Not Guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the Internet is completely confidential. There are certain aspects of Internet usage, your computer and your links to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.
18. Communications to You by Us
We may respond to your inquiries and questions by electronic mail if you provide us with an e-mail address. However, be advised that information sent by electronic mail may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the electronic mail response is sent. Unless you specifically state in capital letters within your inquiry as follows: "DO NOT RESPOND TO THIS INQUIRY BY E-MAIL", you hereby consent to response to your inquiries and questions by electronic mail, notwithstanding the risks inherent in using electronic mail.
While we endeavor to send routine communications between the hours of 8 a.m. and 9 p.m., local time, you acknowledge, consent, and agree that we may send or you may receive electronic communications, including but not limited to, text messages, emails, and push communications from us at any time including between the hours of 9 p.m. and 8 a.m., local time. You acknowledge, consent, and agree that certain time sensitive communications will be sent at any time of day, including but not limited to communications related to payment receipts, payment reminders, payment processing issues, or contemporaneous communications in response to communications from you and/or related to other actions taken by you. You agree that we will not be liable for damages or other liability for the time at which any communications are sent or received.
19. Entire Agreement
These Terms of Use comprise the entire agreement between you and OneMain relating to your use of the Site, and supersede all prior agreements and negotiations, whether oral or written. These Terms of Use supersede any previous terms of use relating to use of this Site to which you and OneMain may have been bound. There are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use, except as set forth in these Terms of Use.
20. Termination
These Terms of Use are effective until terminated by OneMain. OneMain may terminate these Terms of Use at any time without notice or suspend or terminate your access and use of the Site at any time, with or without cause, in OneMain’s absolute discretion and without notice. The following sections of these Terms of Use shall survive termination of your use or access to the Site: 7 (Our Liability Is Limited), 8 (Indemnification), 11 (No Client, Fiduciary or Professional Relationship Is Established by Providing Information on the Site), 12 (Governing Law), 13 (Arbitration and Disputes), 14 (Failure to Exercise Rights Does Not Constitute Waiver), 18 (Communications to You by Us), 19 (Entire Agreement), 22 (Submissions), 25 (Severability), 26 (General Provisions), 27 (Contact and Notification Information), and any other provision that by its nature or terms survives termination of your use or access to the Site.
21. Information from Third-Party Providers
Certain material that may be provided on the Site is independently obtained, prepared and provided by third parties ("Information") who are not affiliated with OneMain, and OneMain is not responsible for these third parties. This Information is provided free of charge for your general understanding. OneMain has not reviewed the Information and is not responsible for the accuracy, completeness, reliability or correct sequencing of the Information. The Information does not in any way represent the opinion of OneMain.
22. Submissions
All ideas, expressions and inventions (excluding any nonpublic personal information) submitted to OneMain through the Site shall be deemed and remain the property of OneMain and OneMain shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you provide to OneMain through the Site. OneMain shall not be subject to any obligations of confidentiality regarding ideas, expressions and inventions (excluding any nonpublic personal information) except as agreed in a writing executed by OneMain.
23. Monitoring
OneMain has no obligation to monitor the Site, however, you acknowledge and agree that OneMain has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, to protect itself or other users of the Site or for any other purpose that complies with applicable laws.
24. Termination of Service
We reserve the right in our sole discretion to terminate, restrict, or suspend the Site, service, access or information from you at any time for any reason without prior notice or liability.
25. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect.
26. General Provisions
These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
27. Contact and Notification Information
You may contact us using the following information: (800) 453-2017 or OneMain, P.O. Box 3662 Evansville, IN 47735-3662.
Copyright © 2024. All rights reserved. No portion of the Site may be copied or reproduced in any medium or in any manner other than stated herein without the written permission of OneMain.